Borzi, assistant secretary of the DOL's Employee Benefits Security Administration and chief architect of the fiduciary redraft, told Investment Advisor in an exclusive interview in mid-March that while brokerage industry trade groups have been prodding the DOL and SEC to collaborate
on their fiduciary rules so that they end up with «one fiduciary standard,» having identical rules just isn't possible.
Now it's the SEC's turn to step up
on the fiduciary ruling.
This morning, we look at the debate
on the Fiduciary rule.
Industry concerns and the 5th Circuit decision
on the fiduciary rule may slow clean share emergence.
While he hasn't spoken publicly
on the fiduciary rule, Acosta wants to freeze the rule permanently, according to an email a Senate aide sent to rule opponents on Tuesday.
We welcome the SEC's request for comment
on the fiduciary rule and hope to see both the SEC and DoL work together to refine the fiduciary rule in a way that improves access to high - quality advice for all investors.
The next FAQ
on the fiduciary rule should cover proper due diligence for investment recommendations.
A pair of major developments
on the fiduciary rule front is motivating stronger opposition to the National Association of Insurance Commissioners» annuity transactions model law.
This week features updates on locked box mechanisms, rising tensions between the US and China, and the latest
on the fiduciary rule rollback
Look at all the posts
on the fiduciary rule.
An interview with Eugene Scalia, the former Labor Department solicitor who took
on the fiduciary rule.
This week features updates on locked box mechanisms, rising tensions between the US and China, and the latest
on the fiduciary rule rollback
Not exact matches
This
fiduciary concept now applies to all advice given
on retirement accounts, due to the Department of Labor's
fiduciary rule.
The
fiduciary rule basically puts pressure
on financial - services companies to justify the costs of the retirement accounts they offer.
Mallouk, president and CIO of Creative Planning, and Carson, CEO and founder of the Carson Group, both said they would tell Trump not to roll back regulations
on the Department of Labor's
fiduciary rule, which says if an advisor is working with a client
on a retirement plan, they need to act in the client's best interest.
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.
The U.S. Labor Department will implement its
fiduciary rule on June 9 with no further delays, U.S. Labor Secretary Alexander Acosta said
on Tuesday.
Some Democratic Senators
on Friday raised concerns over the possibility that the Trump administration will permanently shelve the
fiduciary rule.
On April 8, 2016, the Department of Labor (Department) published a final regulation (
Fiduciary Rule or Rule) defining who is a «fiduciary» of an employee benefit plan under section 3 (21)(A)(ii) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) as a result of giving investment advice to a plan or its participants or benef
Fiduciary Rule or
Rule) defining who is a «
fiduciary» of an employee benefit plan under section 3 (21)(A)(ii) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) as a result of giving investment advice to a plan or its participants or benef
fiduciary» of an employee benefit plan under section 3 (21)(A)(ii) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) as a result of giving investment advice to a plan or its participants or beneficiaries.
Moreover, if the final
rule's 60 - day delay were not immediately effective, significant provisions of the Rule and PTEs could become applicable on April 10 before the delay takes effect, resulting in a period in which the Rule, fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable ag
rule's 60 - day delay were not immediately effective, significant provisions of the
Rule and PTEs could become applicable on April 10 before the delay takes effect, resulting in a period in which the Rule, fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable ag
Rule and PTEs could become applicable
on April 10 before the delay takes effect, resulting in a period in which the
Rule, fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable ag
Rule,
fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable again.
In accordance with that memorandum, the Department published in the Federal Register
on March 2, 2017, at 82 FR 12319, a document seeking comment
on a proposed 60 - day extension of the applicability dates of the
Fiduciary Rule and PTEs until June 9, 2017 (NPRM).
Many supporters of delay also argued that the President's Memorandum has rendered the ultimate fate of the
Fiduciary Rule and PTEs uncertain and that proceeding with the April 10, 2017 applicability date in the face of this uncertainty would impose unnecessary costs and burdens
on the financial services industry and result in unnecessary confusion to investors inasmuch as products, services, and advisory practices could change after completion of the examination.
As a result, the
Fiduciary Rule and the Impartial Conduct Standards in these PTEs will become applicable beginning on June 9, 2017, while other conditions in these PTEs, such as requirements to make specific written disclosures and representations of fiduciary compliance in investor communications, are not required until January
Fiduciary Rule and the Impartial Conduct Standards in these PTEs will become applicable beginning
on June 9, 2017, while other conditions in these PTEs, such as requirements to make specific written disclosures and representations of
fiduciary compliance in investor communications, are not required until January
fiduciary compliance in investor communications, are not required until January 1, 2018.
The report
on the DOL's
fiduciary rule predicts three market trends will emerge.
The
Fiduciary Rule and PTEs followed an extensive public rulemaking process in which the Department evaluated a large body of academic and empirical work
on conflicts of interest, and determined that conflicted advice was causing harm to retirement investors.
The $ 1.5 billion
on - going costs are the costs of compliance for all components of the
Fiduciary Rule and PTEs; however, the delay affects only the costs related to the transition period requirements which are a subset of the costs included in the $ 1.5 billion estimate.
To the extent that investment advisers comply with the
Fiduciary Rule and PTEs only when the
Fiduciary Rule and PTEs are applicable
on their original terms and schedule, this estimate represents a reasonable adjustment of the 2016 estimate to reflect the impact of the 60 - day delay.
The amendment will be useful to
fiduciaries that are newly - covered under the
Rule, which will become applicable
on June 9, 2017, after a sixty day extension.
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 Department's decision to delay the applicability date of the
Fiduciary Rule for 60 days and make the Impartial Conduct Standards in the new PTEs and amendments to previously granted PTEs applicable
on June 9, 2017, is expected to produce benefits that justify associated costs.
Thus, the
fiduciary definition in the
Rule published
on April 8, 2016, and Impartial Conduct Standards in these exemptions, are applicable
on June 9, 2017, while compliance with other conditions for covered transactions, such as the contract requirement, in these exemptions is not required until January 1, 2018.
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.
Comments
on the NPRM and various media reports together suggest that there is substantial variation in different firms» preparedness to comply with various provisions of the
Fiduciary Rule and PTEs.
On March 2, 2017, the Department published the NPRM seeking comment on a proposed 60 - day delay of the applicability date of the Fiduciary Rule and PTEs until June 9, 201
On March 2, 2017, the Department published the NPRM seeking comment
on a proposed 60 - day delay of the applicability date of the Fiduciary Rule and PTEs until June 9, 201
on a proposed 60 - day delay of the applicability date of the
Fiduciary Rule and PTEs until June 9, 2017.
After careful review and consideration of the comments, the Department is issuing this final
rule that will (1) extend the applicability date of the Fiduciary Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that fiduciaries relying on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2
rule that will (1) extend the applicability date of the
Fiduciary Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that fiduciaries relying on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2
Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that
fiduciaries relying
on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2018.
The Department also considered a scenario where the
fiduciary definition in the
Rule and Impartial Conduct Standards in the PTEs take effect
on April 10, 2017 as originally planned, while the remaining conditions in the PTEs become applicable
on January 1, 2018.
Many commenters also based support for delay
on opposition to the substance of the
Fiduciary Rule and PTEs, as written, and disagreement with the conclusions reached in the final rulemaking and associated Regulatory Impact Analysis.
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.
In that same document, the Department sought comments regarding the examination described in the President's Memorandum and
on more general questions concerning the
Fiduciary Rule and PTEs.
The Department also believes that making the
rule immediately effective will provide plans, plan fiduciaries, plan participants and beneficiaries, IRAs, IRA owners, financial services providers and other affected service providers the level of certainty that the rule is final and not subject to further modification without additional public notice and comment that will allow them to immediately resume and / or complete preparations for the provisions of the Rule and PTEs that will become applicable on June 9, 2
rule immediately effective will provide plans, plan
fiduciaries, plan participants and beneficiaries, IRAs, IRA owners, financial services providers and other affected service providers the level of certainty that the
rule is final and not subject to further modification without additional public notice and comment that will allow them to immediately resume and / or complete preparations for the provisions of the Rule and PTEs that will become applicable on June 9, 2
rule is final and not subject to further modification without additional public notice and comment that will allow them to immediately resume and / or complete preparations for the provisions of the
Rule and PTEs that will become applicable on June 9, 2
Rule and PTEs that will become applicable
on June 9, 2017.
However, there is a catch — while these financial advisors were made ERISA
fiduciaries on June 9, the DOL won't «pursue claims against
fiduciaries who are working diligently and in good faith to comply with the
fiduciary duty
rule and exemptions» until January 1, 2018.
Since the DOL announced it would not delay the
Fiduciary Rule on May 22, we've received several calls from anxious clients unclear about how the regulation affects their 401 (k) plan and / or fiduciary l
Fiduciary Rule on May 22, we've received several calls from anxious clients unclear about how the regulation affects their 401 (k) plan and / or
fiduciary l
fiduciary liability.
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 Office of Management and Budget has no choice but to return the
fiduciary rule on the grounds that the Department of Labor did not do its duty adequately under the rulemaking process.
Low interest rates and the uncertainty around the partial implementation of the Department of Labor's
fiduciary rule were to blame, but market analysts said the annuity market is gradually moving
on from the DOL
rule.
On June 9, the Department of Labor's (DOL)
Fiduciary Rule took effect and upgraded every stock broker and insurance agent with a 401 (k) client to a plan fiduciary und
Fiduciary Rule took effect and upgraded every stock broker and insurance agent with a 401 (k) client to a plan
fiduciary und
fiduciary under ERISA.
On March 15, 2018, the Fifth Circuit Court of Appeals invalidated the Department of Labor's («DOL»)
Fiduciary Rule in a 2 - 1 decision.
A hearing
on the first of three lawsuits designed to stop the Department of Labor
fiduciary rule from taking effect begins Thursday.