On July 16, 2012, the Department of Labor (DOL) published a direct final rule changing the mailing and email addresses that responsible plan fiduciaries may use in providing notice to the agency that a plan service provider failed to disclose complete and accurate fee disclosure as required under the agency’s new fee disclosure regulation. By way of background, paragraph (c)(1)(ix) of the ERISA Section 408(b)(2) fee disclosure regulation includes a prohibited transaction class exemption provision pursuant to which “innocent” responsible plan fiduciaries may seek relief from ERISA’s prohibited transaction rules for unknowingly receiving incomplete or incorrect disclosures from a covered service provider. Generally, under the class exemption, the responsible plan fiduciary may seek such relief by filing a notice with the DOL concerning the covered service provider's failure to make complete and correct disclosures.

According to DOL’s new direct final rule, the new mailing address is U.S. Department of Labor, Employee Benefits Security Administration, Office of Enforcement, P.O. Box 75296, Washington, DC 20013. Additionally, in lieu of the previously furnished email address, the notice may be furnished electronically through a dedicated link on the DOL's Web site. Along with the new direct final rule, the DOL issued a companion proposed regulation stating that the effective date for the new direct final rule is September 14, 2012 unless the DOL receives significant comments by August 15th. If significant comments are timely received, the DOL will issue new guidance in lieu of the new direct final rule.

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