As previously reported, the DOL issued a proposal on March 2, 2017 to delay the April 10, 2017 implementation date of
the Fiduciary Rule by 60 days.
On August 9, 2017 the DOL submitted proposed amendments to these exemptions thereby delaying enforcement; and extending the transition period and uncertainty over the ultimate fate of
the fiduciary rule by another eighteen months to July 1, 2019.
Galvin alleged the firm knowingly violated the DOL
fiduciary rule by holding a series of call nights and sales contests to drum up new business ahead of its planned merger with TD Ameritrade.
As ThinkAdvisor's Melanie Waddell has reported, President Donald Trump is expected to issue an order directing the DOL to delay
its fiduciary rule by six months or a year and has appointed an acting secretary of Labor while confirmation hearings for his chosen Labor secretary, Andrew Puzder, have been delayed.
Not exact matches
Garrett and other
fiduciary financial advisors see the recently issued
fiduciary rule passed
by the Department of Labor as a major step in the right direction of controlling the costs of advice to investors.
The 5th Circuit Court of Appeals
ruled that the Labor Department overstepped its authority
by creating the so - called
fiduciary rule
The threat in question is the so - called
fiduciary rule, a regulation approved
by the Department of Labor last year and scheduled to go into effect this April.
By requiring retirement advisers to either meet a «
fiduciary» standard or put other safeguards into place, the
rule holds financial advisers to the same benchmark already required of doctors and lawyers — that they act in their clients» best interests.
The Department of Labor passed a new
rule earlier this year requiring that financial advisors who work with clients on retirement plans abide
by a
fiduciary standard.
By Memorandum dated February 3, 2017, the President directed the Department to conduct an examination of the
Fiduciary Rule to determine whether it may adversely affect the ability of Americans to gain access to retirement information and financial advice.
However, the Department will review the 2016 RIA's conclusions as part of its review of the
Fiduciary Rule and PTEs directed
by the Presidential Memorandum.
For example, the comment letter submitted
by Consumer Federation of America on March 17, 2017 argued that regulatory impact analysis for the
Fiduciary Rule is inadequate.
The President,
by Memorandum to the Secretary of Labor dated February 3, 2017, directed the Department of Labor to examine whether the
Fiduciary Rule may adversely affect the ability of Americans to gain access to retirement information and financial advice, and to prepare an updated economic and legal analysis concerning the likely impact of the
Fiduciary Rule as part of that examination.
Not all firms within a given NAICS code would be affected
by this
rule, because being an ERISA
fiduciary relies on a functional test and is not based on industry status as defined
by a NAICS code.
Applying the ratio of entities that meet the SBA size standards to the number of affected entities, based on the methodology described at greater length in the RIA of the
Fiduciary Rule, the Department estimates that the number of small entities affected by this final rule is 2,438 BDs, 16,521 Registered Investment Advisors, 496 insurers, and 3,358 other ERISA service provid
Rule, the Department estimates that the number of small entities affected
by this final
rule is 2,438 BDs, 16,521 Registered Investment Advisors, 496 insurers, and 3,358 other ERISA service provid
rule is 2,438 BDs, 16,521 Registered Investment Advisors, 496 insurers, and 3,358 other ERISA service providers.
Some of these commenters and petitioners also asserted that individual retirement investors — those most impacted
by the
Fiduciary Rule and PTEs — have not themselves focused on how investment products, related services, and costs may change and need more time to understand, process, and make decisions regarding their accounts and services.
Finally, because the Impartial Conduct Standards will become applicable on June 9, 2017, the Department believes that firms will make efforts to adhere to those standards, motivated both
by their applicability and
by the prospect of their likely continuation, as well as
by the impending applicability of complementary consumer protections and / or enforcement mechanisms beginning on January 1, 2018, depending on the results of the Department's review of the
Fiduciary Rule pursuant to the President's Memorandum.
Commenters asserted that the costs of the
Fiduciary Rule and PTEs would further increase if they become applicable but are subsequently revised or rescinded due to the examination required
by the President.
Americans for Annuity Protection has engaged in active outreach to leaders of influence to establish the argument that the DOL's
fiduciary rule should be returned because of the analysis performed
by the department is flawed, inconclusive and arbitrary; it is not compatible with the Uniform Security Law or established insurance law, and the law has potential conflict with the Dodd - Frank requirements to the Securities and Exchange Commission (SEC) on reviewing a uniform
fiduciary standard.
The five lawsuits to block the Department of Labor's
fiduciary rule continued to move forward in July in separate venues, but the Department of Justice strongly defended the
rule in a Washington, D.C., federal district court challenging the suit filed
by the National Association for Fixed Annuities, or NAFA.
The «duty of care» is just one of the
fiduciary duties required
by the DOL
Rule, which takes effect Friday.
The DOL
fiduciary rule might eventually be repealed
by President Donald J. Trump's administration.
Commissions were outlawed in a 2010
Fiduciary Rule proposal, but permitted by the final rule — after heavy lobbying by the financial services industry — once the advisor satisfies complicated Best Interest Contract Exemption (BICE) ru
Rule proposal, but permitted
by the final
rule — after heavy lobbying by the financial services industry — once the advisor satisfies complicated Best Interest Contract Exemption (BICE) ru
rule — after heavy lobbying
by the financial services industry — once the advisor satisfies complicated Best Interest Contract Exemption (BICE)
rules.
Will the Department of Labor delay the
fiduciary rule created
by the former administration?
Reading more of the ICI findings, it is fairly apparent why the
rule seeks to over-regulate annuity advisors who are subject to the
rules - based and highly regulated suitability standard while under - regulating fee - only advisors
by holding them to a subjective, principles based
fiduciary standard: to pander to the employer - sponsored plan providers and keep money from rolling over.
This week, the DOL delayed the effective date of its
Fiduciary Rule — which would define all retirement plan financial advisors as ERISA
fiduciaries, effectively banning conflicted 401 (k) investment advice that puts advisor profit ahead of client interests —
by 60 days from April 10, 2017 to June 9, 2017.
If you are a supporter of the
Fiduciary Rule like me, it can be easy to be upset
by the Trump administration delay.
Although the retirement industry has been moving toward fee neutrality over the last decade, it is this business model in which a non-
fiduciary advisor is compensated
by a plan provider that is most vulnerable to changes in the current DOL
fiduciary rules.
Beginning early next year, Morningstar will offer a way for broker - dealers to offload the
fiduciary responsibility of managing 401 (k) plans, which is mandated
by the DOL
rule that starts to take effect in April.
By April 2017, investment advisory firms will have to be in compliance with the Department of Labor's new
fiduciary rule requiring them to adhere to a «best - interest standard» in advising their customers.
Also facing a questionable future is the Labor Department's
Fiduciary Rule, which regulates how financial advisors service their clients, specifically
by eliminating conflicts of interest.
Rep. Ann Wagner, R - Mo., noted in her prepared Wednesday floor remarks that «the administration calls it the «
fiduciary rule,» but it is really just Obamacare for Americans» savings accounts, and another power grab
by Washington bureaucrats to control our retirement savings.
After hours of delay due to a sit - in
by Democrats, the House of Representatives failed late Wednesday night to override a presidential veto on a resolution to nullify the Department of Labor's
fiduciary rule.
As expected, President Barack Obama on Wednesday vetoed resolutions passed
by the House and Senate to kill the Department of Labor's
rule amending the definition of
fiduciary under ERISA.
On July 8, the public got its first view into how the U.S. Department of Labor will defend its
fiduciary rule when it filed a cross motion for summary judgment, asking the U.S. District Court for the District of Columbia to dismiss a law suit brought
by the National Association for Fixed Annuities.
The Fifth Circuit Court of Appeals rejected last - minute appeals
by AARP and three states to intervene and re-argue the need to save the controversial Department of Labor
fiduciary rule.
«The Movants have had ample opportunity to intervene in the multiple cases challenging the so - called «
Fiduciary Rule» in district courts around the country, in appeals in two other circuits courts, and in this appeal, which was decided
by this Court more than a month ago,» the filing said.
A
rule announced last year
by the Department of Labor, will soon require them to uphold what's called a «
fiduciary» standard, meaning they must put their clients» best interests first.
No. 2 Disclosing fees and incentive payments is problematic: Let's tackle this
by invoking Charles Munger's idea — invert the
fiduciary rule to see what would happen.
Insurance companies will be tweaking their agent and advisor commission structures over the next 12 months to comply with a new
fiduciary rule issued
by the Department of Labor.
So, a number of firms large and small have made changes to their fee structure in part of
fiduciary rule this was a
rule crafted
by the Obama administration and came into effect last April.
«Nothing hard is easy; nothing worth doing is easy,» Ketchum responded, adding that while he has «tremendous respect» for the «range of concerns» expressed
by some SEC commissioners regarding a
fiduciary rule for brokers, he has «great confidence» in White being able «to move this [rulemaking] forward.»
«Although the FIA providers have the strongest irreparable harm argument of all providers impacted
by the
fiduciary rule, Judge Moss» questioning in the grueling three - hour - long hearing suggested that he is likely to deny the injunction and uphold the
fiduciary rule on the grounds that NAFA was unable to make the required irreparable harm showing,» she said.
Bentsen stated on the Thursday morning call that it is the Securities and Exchange Commission that was «authorized
by Congress» to promulgate a
fiduciary rule.
He was referring to comments made
by President Barack Obama in a Feb. 23 speech at AARP endorsing the Department of Labor's redraft of its
rule to amend the definition of
fiduciary under the Employee Retirement Income Security Act.
Further, the final
rule defines a variety of investment education activities that fall short of
fiduciary conduct, and makes clear that advisors do not act as
fiduciaries merely
by recommending that a customer hire them to render advisory or asset management services.
Said Barbara Roper, director of investor protection of the Consumer Federation of America: «
By closing loopholes in the current regulations and subjecting all retirement investment advice to a
fiduciary duty to act solely in the best interests of the client, a well - crafted DOL
rule has the potential to save millions of Americans billions of dollars each year.
The first oral arguments in the string of lawsuits filed against DOL's
fiduciary rule were heard on Aug. 25
by Judge Randolph Moss, U.S. District judge for the District of Columbia, in the case brought
by the National Association for Fixed Annuities.
Broker - dealers are helping investors make better retirement decisions as a result of procedural changes firms have made in preparation for the DOL
fiduciary rule, according to a study done
by state regulators on the Individual Retirement Account rollover market.
Marilyn Mohrman - Gillis, executive director of the Certified Financial Planner Board of Standards» Center for Financial Planning and head of public policy, noted on a panel discussion moderated
by Borzi that DOL's
fiduciary rule will «hopefully [be] the tip of the iceberg to push other
rules and regulations to protect investors.»