2025-02930NoticeWallet

Banks get more time to shuffle pension cash legally

Published Date: 2/21/2025

Notice

Summary

The Department of Labor wants to extend special permission for Royal Bank of Canada and Northern Trust Corporation to keep doing certain financial transactions until September 2025, instead of stopping in March. This extension depends on them meeting some conditions. If approved, it helps these companies keep managing money for retirement plans without interruption.

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

Risk of Defaults, Liquidation, and Transition Costs if No Extension

The notice states that, without timely extension of relief, plan clients could face counterparties declaring defaults or voiding transactions (including ISDA agreements), triggering lump-sum payments, forced liquidations, transition costs, and the inability to enter new hedging trades. These events could harm ERISA-covered plans and their participants if the temporary exemptions lapse on March 4, 2025.

Short-term Extension to Avoid 'Gap' Relief

The Department proposes to extend the temporary exemptions for Royal Bank of Canada (PTE 2016-10) and Northern Trust (PTE 2016-11) that are scheduled to expire on March 4, 2025, so they would remain in effect until the earlier of September 4, 2025, or the date the Department issues a final agency action on related five-year exemption notices. If granted, this extension is meant to protect ERISA-covered plans and their participants from disruptions while the Department decides on longer-term relief.

Exemption Period Increased to 18 Months

The proposed amendments change language in both PTE 2016-10 and PTE 2016-11 to allow the temporary exemptive relief to run for up to 18 months beginning on the Conviction Date (instead of up to 12 months). This increases the maximum time the QPAM relief can cover eligible transactions starting at the Conviction Date.

Recordkeeping and 30-Day Production Requirement

Under the proposed amendments, the RBC and Northern QPAMs must keep records proving they satisfied every condition of their exemptions during the extended effective period and must provide those records to the Department within 30 days after a Department request. This is an added condition for continued reliance on the exemptions during the extension.

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Key Dates

Published Date
Effective Date
2/21/2025
3/4/2025

Department and Agencies

Department
Independent Agency
Agency
Labor Department
Employee Benefits Security Administration
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