DOL Updates

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DOL Fiduciary Rule – A First Look

On October 31, 2023, the Department of Labor released a proposed rule entitled “Retirement Security Rule: Definition of an Investment Advice Fiduciary,” the latest version of its fiduciary rule.

Here is what we know about the rule so far:

• Who is considered a fiduciary: The proposal expands the definition to include one-time rollover advice.

• Amendments to PTE 84-24: An independent producer must provide additional disclosures and insurance carriers will also be required to supervise rollover sales.

• Amendments to PTE 2020-02: The Department did not make any significant changes to 2020-02, but merely proposed clarifying amendments.

• Compensation Targeted: The rule could limit compensation agents could receive beyond commissions paid by the carrier.

• Timing: The DOL will open a 60-day comment period on the proposal, and hold a public hearing on or around December 18, 2023.

Additional Resources

There have been several stories in the media surrounding the Retirement Security Rule: Definition of an Investment Advice Fiduciary, pre- and post-announcement. We’ve gathered them here so you have instant access, all in one place.

Pensions & Investments (11.06.2023):
IRI: New fiduciary rule proposal just reshuffling deck chairs on the Titanic

Bloomberg Law (11.03.2023): Fiduciary proposal official published; comment period ends January 2, 2024

Insured Retirement Institute (11.02.2023): IRI: Biden’s description of retirement industry “unsubstantiated”; will fight latest proposal
Investment News (11.02.2023): Fiduciary rule will make it more difficult to sell annuities

Insurance News Net (11.02.2023): New fiduciary rule will place biggest burden on independent insurance agents

National Association for Fixed Annuities (11.01.2023): Administration’s message on fiduciary rule filled with misinformation; rule misguided

National Association of Insurance Commissioners (11.01.2023): State insurance regulators slam Biden’s take on insurance regulation as “ignorant”

401(k) Specialist (11.01.2023): IRI slams new fiduciary rule as unnecessary, redundant, and harmful

SHRM (11.01.2023): Legal analysis: New fiduciary rule may result in unintended consequences

Think Advisor (10.31.2023): Ed Slott: new rule will require agents to perform significant rollover analysis

Wall Street Journal (10.31.2023): Latest DOL proposal latest in ongoing saga to regulate retirement advice

CNN (10.31.2023): Strong industry pushback is expected following new fiduciary proposal

C-SPAN (10.31.2023): Watch Biden’s remarks announcing new fiduciary rule proposal

American Society of Pension Professionals & Actuaries (10.31.2023): New fiduciary rule announced at White House ceremony

Investment News (10.31.2023): DOL proposes to redefine “fiduciary” to include one-time rollovers

Think Advisor (10.31.2023): Analysis: Comparing the new proposed fiduciary rule to the 2016 rule

Department of Labor News Release (10.31.2023): Department of Labor announces proposed fiduciary rule

USA Today (10.31.2023): President views new proposed fiduciary rule as part of Bidenomics

Insured Retirement Institute (10.31.2023): IRI announces opposition to DOL’s proposed fiduciary rule—views it as incompatible with Bidenomics

National Association of Plan Advisors (10.31.2023): Insurance products are the specific target of the new proposed fiduciary rule

Wealth Management (10.31.2023): DOL officials claim there are significant differences between the new proposed rule at the version vacated by the Fifth Circuit

White House (10/31/2023): Biden releases “Fact Sheet” outlining administration’s position on fiduciary rule

White House Blog Post (10/31/2023): White House released blog post detailing new fiduciary rule.

Insurance News Net (10/31/2023): DOL to release fiduciary rule with strong White House backing.

Think Advisor (10/31/2023): New fiduciary rule to include a “reworked” 84-24 prohibited transaction exemption

Bloomberg Law (10/31/2023): New fiduciary rule to cover one-time rollover advice

Think Advisor (10/30/2023): Biden to hold press conference on Halloween to announce new fiduciary rule.

401(k) Specialist (10/30/2023): New fiduciary rule to be finally made public at 3:30 ET, October 31

American Society of Pension Professional & Actuaries (10/30/2023): The new version of the Department of Labor’s proposed fiduciary rule will be released for public comment on October 31.

National Association of Plan Advisors (10.29.2023): White House ceremony to showcase new fiduciary rule October 31.

National Association of Plan Advisors (Updated: 10/25/2023): DOL Assistant Secretary Lisa Gomez indicated that the new fiduciary rule was “coming soon” in a speech at the annual conference for the National Association of Plan Advisors.

ThinkAdvisor (Updated: 10/24/2023): The DOL has changed the fiduciary rule’s name from past versions, but not the intent from past versions.

Pensions & Investments (10/23/2023): A DOL official from the Employee Benefits Security Administration said on Monday, October 23, 2023, that the department plans to issue its new fiduciary rule proposal “very soon.” He later joked that “very soon” could mean today or in a year.

Financial Advisor Magazine (10/23/2023): The release of the proposed new fiduciary rule is imminent. Industry experts say the rule could be only days away.

401(k) Specialist Magazine (Updated: 10/23/2023): A proposed fiduciary rule from the DOL is expected within the week. A finalized rule is expected no later than November 2024.

Plan Adviser (Updated 10/20/2023): The Department of Labor’s new fiduciary rule is likely to be released by the end of October. The DOL is motivated to get the rule out before a government shutdown in November, when all rulemaking would be suspended.

Wealth Management (Updated 10/19/2023): The White House’s Office of Management and Budget recently completed meetings with industry groups regarding the DOL’s newest version of the fiduciary rule. The completion of these meetings signal that the new rule should be published in the near future.

Investment News (Updated 10/17/2023) What’s in a name? The DOL is seeking a rebrand of its fiduciary rule, preferring to label it as “The Retirement Security Rule” instead. The Department claims that the new rule “is not a regurgitation of the old rule.” The proposal sent to the White House’s Office of Management and Budget is titled the “conflict of interest in investment advice.”

Plan Sponsor (Updated 9/12/2023): How did we get here? Get caught up with a short history of the DOL’s Fiduciary Rule.

Please know we will keep you aware of any ruling updates or finalizations. If you have further questions, give us a call at 913.814.0510.