The Department of Labor’s Employee Benefits Security Administration (EBSA) just did what many plan sponsors wish they could do, clear out old, confusing clutter that no longer serves a purpose.
On June 30, the DOL issued a Direct Final Rule (DFR) announcing the removal of several long-standing ERISA Interpretive Bulletins from the Code of Federal Regulations. Why? Because they’re outdated, superseded, and—most importantly—potentially confusing. In other words, the DOL finally Marie Kondo’d a few dusty corners of ERISA history.
Here’s what’s getting tossed:
Interpretive Bulletin 75-2
This one addressed whether a party in interest engages in a prohibited transaction by doing business with an entity in which a plan has invested. The DOL says it has issued enough subregulatory guidance since then to make this bulletin more relic than resource. Translation: we’ve said it better since.
Interpretive Bulletin 75-6
Back in 1975, the DOL weighed in on whether a plan could advance funds to a fiduciary for plan-related expenses. But in 1977, they issued a final regulation under ERISA Section 408(c)(2) that covered this issue fully. So why keep an outdated bulletin hanging around? They won’t.
Interpretive Bulletin 75-10
This one tried to sort out overlapping DOL and IRS responsibilities right after ERISA passed. But the Reorganization Plan No. 4 of 1978 split up interpretive duties between the DOL and IRS. In the years since, each agency has stayed in its lane. So this bulletin, while historically interesting, is no longer necessary for administration or compliance.
Why It Matters
On the surface, this looks like administrative housekeeping—and it is. But it’s also a good sign. When the DOL recognizes that keeping outdated guidance “on the books” creates confusion, that’s progress. If you’ve ever cited a rule from 1975 only to find that it was quietly replaced decades ago, you know how frustrating that legal archaeology can be.
The DOL isn’t changing any rules here—they’re just pruning old ones that no longer apply. Think of it like removing the rotary phone from your office to make room for Wi-Fi. The underlying communication still exists. It’s just happening through better channels now.
The DFR takes effect 60 days after it’s published in the Federal Register—meaning these bulletins will officially disappear by September 1, 2025.
It’s a small step, but in an industry built on complexity, even a little clarity goes a long way.
