While last week's proposed Department of Labor conflict of interest rule made substantial revisions to 2010's proposal, one carve out affecting providers of financial and investment education remained intact.

As with the DOL's initial effort, the new proposal states that providers of "information and materials that constitute 'investment education' or 'retirement education'" will not be considered fiduciaries under a new rule.

Though the consistency suggests regulators' desire to protect participants' access to financial education, at least one of those providers thinks the relatively safe provision of the rule is in need of further definition and clarification.

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"There's a line between guidance and advice," says Greg Ward, Director of the Think Tank at Financial Finesse, a San Diego-based provider of financial education products to large plan sponsors.

"We're obviously in favor of the DOL attempting to make a clear distinction between the two. But what specifically defines education? In our perspective, it has to be conflict free," he said.

Since the company's inception in 1999, the push to extend financial education to plan participants has become an almost universal objective among large plan sponsors. As evidence, Ward points to recent AON data that shows 93 percent of sponsors either have a financial wellness program in place, or plan to add a program.

Those sponsors are highly cognizant of potential hidden fiduciary liabilities when they contract with third-party educators, says Ward, as the question of fiduciary liability comes up every time Financial Finesse answers a request for proposal.

Not having any affiliation with advisors, investment firms or their products has provided a clear advantage, he said.

"Sponsors greatly appreciate the lack of bias in our products, but they are skeptical at first," he explained. "We're not giving asset advice, selling investment products or managing assets, so the question of whether or not we act as fiduciaries, or whether a sponsor has to monitor us as fiduciaries, has always been clear to answer," claims Ward.

The sponsor-driven demand for retirement and financial education services that can be passed on to employees has created a cottage industry of education providers.

Several have been a part of headline-grabbing acquisitions this year. Morningstar recently bought HelloWallet, a Washington D.C.-based startup, for a reported $52 million.

On its website, HelloWallet says its software-based solutions "help employees climb the ladder to financial wellness" one step at a time.

Northwestern Mutual recently announced its acquisition of LearnVest for a reported $250 million. The software-based program claims to take a holistic approach to financial advice, going so far as to help uses budget weekly expenses and disposable income.

Both the acquired tech-based solutions were designed to leverage education to build improved financial and retirement outcomes.

Now, those tech-based services, which could be thought of at least in part as education providers, are aligned with larger providers of products and advice that would be fiduciaries under the DOL's new rule, creating potential new questions as to where the line between education and advice is drawn.

"This will definitely be an area of challenge for the DOL," Ward predicts. "How do we define financial wellness, and which products and services are and are not aligned with other aspects of fiduciary advice."

If there is a certainty to be presumed about financial education, it could be that the demand isn't softening anytime soon.

That could mean advisors to plans and providers of investment products will have to partner with, acquire or create more developed education programs, potentially making the line between education and advice even murkier.

"It's critical the DOL create specific language for sponsors to help them differentiate the two," Ward said.

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Nick Thornton

Nick Thornton is a financial writer covering retirement and health care issues for BenefitsPRO and ALM Media. He greatly enjoys learning from the vast minds in the legal, academic, advisory and money management communities when covering the retirement space. He's also written on international marketing trends, financial institution risk management, defense and energy issues, the restaurant industry in New York City, surfing, cigars, rum, travel, and fishing. When not writing, he's pushing into some land or water.