FDIC Home - Federal Deposit Insurance Corporation
FDIC Home - Federal Deposit Insurance Corporation

 
Skip Site Summary Navigation   Home     Deposit Insurance     Consumer Protection     Industry Analysis     Regulations & Examinations     Asset Sales     News & Events     About FDIC  


Home > Regulation & Examinations > Bank Examinations >Trust Examination Manual




Trust Examination Manual

Appendix E — Employee Benefit Law
Reference Topic
Interagency Agreement to Refer Violations of ERISA to the Department of Labor
   

ERISA (Statute)

§§  
   
3 Definitions (Selected)
   
206  [Excerpt] Pledging by Participant of Vested Interest
   
401 Coverage 
   
402 Establishment of Plan
   
403 Establishment of Trust
   
404 Fiduciary Duties
   
405 Co-Fiduciary Liability
   
406 Prohibited Transactions
   
407 Investment in Sponsor Securities and Real Estate
   
408 Statutory Exemptions to Prohibited Transactions
   
408(b)(1)     Loans to Plan Participants
   
408(b)(2)      Ancillary Services
   
408(b)(3)      Loans to ESOPs
   
408(b)(4)      Deposits With Fiduciary Banks and Thrifts
   
408(b)(8)      Collective Investment Funds
   
408(c)(2)      Fiduciary Fees & Expenses
   
409 Liability for Breach of Fiduciary Duty
   
410 Exculpatory Provisions
   
411 Prohibition Against Certain Persons Holding Certain Positions
   
412 Bonding of Fiduciaries
   
502 Civil Money Penalties
   
Cross References Between ERISA and Internal Revenue Code
   

Summary of ERISA Regulations, Opinions, and Court Decisions

§§
   
3 Definitions (Selected)
   
4 Plans Covered
   
404 Fiduciary Duties
   
405 Co-Fiduciary Liability
   
406 Prohibited Transactions
   
407  Investment in Sponsor Securities and Real Estate
   
408 Statutory Exemptions to Prohibited Transactions
   
408(b)(1)      Loans to Plan Participants
   
408(b)(2)     Ancillary Services
   
408(b)(3)      Loans to ESOPs
   
408(b)(4)     Deposits With Fiduciary Banks and Thrifts
   
408(b)(5)     Insurance Company Fiduciaries
   
408(b)(7)     Conversion of Securities
   
408(b)(8)     Collective Investment Funds
   
408(c)(2)     Fiduciary Fees & Expenses
   
410 Exculpatory Provisions
   
412 Bonding of Fiduciaries
   

Internal Revenue Code

§§
   
72(p) Loans to Plan Participants Treated as Distributions
   
72(p)-1 Loans to Plan Participants Treated as Distributions – IRS Guidelines
   
408(h) Custodial Accounts
   
408(m) Investment in Collectibles by IRA and Self-Directed Accounts
   
408(q) Deemed Individual Retirement Accounts
   
409(e)  Qualifications for Tax Credit ESOPs – Voting Rights
   
417 Special Rules for Survivor Annuity Requirements
   
4975 Tax on Prohibited Transactions
   

Regulations

   
54.4975-11 IRS      ESOP Requirements
   
54.4975-12 IRS      "Qualified Employer Security" Defined
   
2510.3-101 DOL    Plan Assets (Pension and Welfare Benefits Administration Regulation)
   
2520.103-5  DOL    CIF Reports to Plan Administrators
   
2550.404a-1 DOL    Investment Duties (Prudence Regulation)
   
2550.404b-1 DOL    Indicia of ownership
   
2550.404c-1 DOL    ERISA Section 404(c) Plans
   
2550.404c-5 DOL Default Investment Alternatives Under Participant Directed Individual Account Plans (306KB PDF file - PDF Help)
   

Employer Securities and Real Property

   
2550.407a-1 DOL    General
   
2550.407a-2 DOL    Acquisition
   
2550.407d-5 DOL    "Qualifying" Defined
   
2550.407d-6  DOL    "Employee Stock Ownership Plan" Defined
   
2550.408b-1 DOL    Loans to Plan Participants and Beneficiaries
   
2550.408b-2  DOL    Services or Office Space
   
2550.408b-3 DOL    Loans to ESOPs
   
2550.408b-4 DOL    Investment in Own-Bank Interest-Bearing Deposits
   
2550.408b-6 DOL    Ancillary Services by Banks
   
2550.408c-2 DOL    Compensation for Services
   
2550.408e  DOL    Qualifying Employer Securities and Real Estate
   
2570.30 -.52 DOL    Individual and Class Prohibited Transaction Exemption Requests (Replaces ERISA Procedure 75-1)
   
   

IRS Revenue Rulings

   
59-60 Valuation of Non-Traded Assets
   
  IRS Rev Bulletin 2003-37
   
  IRS Revenue Procedure 2003-13 Deemed IRAs
   
  IRS Revenue Ruling 2004-67-Roth & Deemed IRA Group Trust Participation
   
  IRS Self Correction Program FAQ Guidance
   
  IRS Voluntary Compliance Program FAQ Guidance
   

IRS Interpretive Letter

  
EP:R:9 IRA Annual Valuations: Partnership Valuations, Inc.
   
PTE

Prohibited Transaction Class Exemptions

   
75-1

Securities Transactions (67KB PDF file - PDF Help)

Also See 86-128

   
77-3   Investment in Mutual Funds by In-House Employee Benefit Plans
   
77-4  Investment in Mutual Funds advised by fiduciary bank or affiliated with fiduciary bank (proprietary mutual funds).
   
80-26   Interest-free loans (including overdrafts) between plans and parties in interest.
   
80-51 Collective Investment Funds [Replaced by PTE 91-38].
   
80-83  Investment of plan assets in a securities issue of plan sponsor used to reduce debt at fiduciary bank or its affiliates.
   
81-6 Securities lending between plans and banks, broker-dealers, and government securities dealers.
   
81-8   Covers four types of short-term investments: banker's acceptances, commercial paper, repurchase agreements, and certificates of deposit.
   
82-63  Securities lending: permits payment of compensation to fiduciary providing service.
   
82-87  Residential Mortgage Loans. First- and second-lien loans and participations on 1-to-4 family homes, townhouses, condominiums, and cooperative apartments.
   
84-14

QPAM: Qualified Professional Asset Managers. Permits certain transactions between independent QPAMs and (1) parties in interest, and (2) employers, subject to conditions.


Amendment to PTE-84-14 (80KB PDF file - PDF Help)

   
86-128 Securities Transactions With Broker-Dealers: Permits use of affiliated brokers, including for collective investment funds.
   
91-38 Collective Investment Funds [Formerly PTE 80-51].
   
91-55   Gold Coins: American Eagle gold coins permitted as IRA investment.
   
93-33  Receipt of Services by IRA and Self-Retirement Plan Beneficiaries [Formerly PTE 93-2]
   
94-20 Foreign exchange: use of fiduciary bank, and its affiliates, to invest in foreign exchange and foreign currency options.
   
96-23 In-House Professional Asset Managers
   
97-11

Relationship Brokerage (25KB PDF file - PDF Help)

Amendment #1 Amendment #2 (28KB and 44KB PDF files - PDF Help)

   
97-41 Collective Investment Fund Conversions to Mutual Funds
   
98-54 Foreign Exchange Transactions Executed Pursuant to Standing Instructions
   
2000-14  Temporary Amendment to PTE 80-26 for Certain Interest Free Loans
   
2002-12 Cross-Trading of Securities (201KB PDF file - PDF Help)
   
2002-13 Amendment to Clarify the Term "Plan" (42KB PDF file - PDF Help)
   
2002-51

Voluntary Fiduciary Correction Program (58KB PDF file - PDF Help)

Amendment to 2002-51 (66KB PDF file - PDF Help)

   
2003-39 Release of Claims and Extenstions of Credit in Connection with Litigation (72KB PDF file - PDF Help)
   
2004-16 Mandatory Distributions (108KB PDF file - PDF Help)
   
2006-06 Abandoned Individual Account Plans (116KB PDF file - PDF Help)
   
2006-16 Loans of Securities by Plans (108KB PDF file - PDF Help)
   
IB

Interpretive Bulletins

   
75-2 Interpretive Bulletins Relating to the Employee Retirement Income Security Act of 1974

   
75-3 Interpretive bulletin relating to investments by employee benefit plans in securities of registered investment companies.
   
75-4 Interpretive bulletin relating to indemnification of fiduciaries
   
75-6 Guidelines for determining when a party in interest with respect to an employee benefit plan may receive an advance for expenses to be incurred on behalf of the plan without engaging in a transaction prohibited by section 406 of the Employee Retirement Income Security Act of 1974
   
75-8 Questions and answers relating to fiduciary responsibility under the Employee Retirement Income Security Act of 1974
   
94-1 ETIs: Economically Targeted Investments (Social Investing)
   
94-2 Proxy Voting and Investment Policies
   
94-3 In-Kind Contributions to Plans
   
95-1 Interpretive bulletin relating to the fiduciary standard under ERISA when selecting an annuity provider
   
96-1 Participant Investment Education for 404(c) Individual Account Plans
   
TB  

Technical Bulletins

   
86-1 Soft Dollars and Directed Commissions for Securities Transactions
   
AO

Advisory Opinions/Individual Exemptions

   
77-46 Insured/Uninsured Deposits: Indicates diversification requirements do not apply to insured deposits, and that uninsured deposits will not violate diversification requirements if depository bank's assets are "diversified."
   
79-49 Own-bank plans: Prohibits fee for fiduciary services when bank acts as fiduciary for own-bank plan.
   
80-OCC Own-bank stock: Prohibits discretionary purchases, sales, and retention of stock of a fiduciary bank. Non-discretionary purchases, sales, retention permitted. Indicates discretionary purchases and retention would be imprudent.
   
85-36  Loan(s) that primarily generate jobs for union members/employers.
   
86-FRB Cash sweeps and related fees ("Plotkin Letter").
   
88-2  Cash sweeps for non-discretionary accounts into non-affiliated mutual funds.
   
88-9  Own-bank stock: Purchases of stock (including treasury stock) of the fiduciary bank (or its parent holding company) by self-directed IRA accounts.
   
88-18 Self-directed IRA account loans to a company in which the grantor/customer has a substantial interest.
   
88-28 Own-bank stock: Purchases of an initial public offering ("IPO") of stock of the fiduciary bank (or its parent holding company) by self-directed IRA accounts by a mutual savings bank converting to a stock institution.
   
89-03 Self-directed IRA account investments in stock of the customer's employer, including stock purchased directly from the employer company.
   
92-23 Own-bank stock: Permits non-discretionary purchase and retention of own-bank (or holding company) stock.
   
93-13 Mutual funds, proprietary: Provides guidance on how PTE 77-4 applies to purchase of affiliated mutual funds.
   
93-24 Float management involving demand deposit accounts.
   
93-26