Passage of the SECURE Act brought long-awaited regulatory relief for champions of guaranteed income products in defined contribution plans.
A provision of the bill—the Fiduciary Safe Harbor for Selection of Lifetime Income Provider—amends an existing safe harbor plan sponsors could tap if they wanted to add an annuity to an investment menu.
In order to satisfy the old safe harbor, plan fiduciaries were required to "appropriately" conclude at the time of selecting an annuity that the insurance company "is financially able to make all future payments under the annuity contract," according to a 2012 field assistance bulletin issued by the Labor Department.
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