The Securities Industry and Financial Markets Association (SIFMA) & Financial Services Institute (FSI) argue that the rule — while intended to strengthen investor protections — would actually limit their access to retirement products.
The Department of Labor has responded to one of two court challenges to its soon-to-be-effective fiduciary rule that updates the definition of a fiduciary by arguing that the new rule is lawful and will protect investors,
The new fiduciary rule, which mainly applies to 401(k) plans, expands the definition of fiduciary advice to HSA providers or employers, who should avoid recommending how account holders should invest their funds.
It's been 50 years since the passage of the Employee Retirement Income Security Act of 1974, and while experts agree the law has been beneficial to retirement savers, many say it also contributed to a decline in pension plans.
The American Council of Life Insurers and others are seeking to overturn the fiduciary rule finalized last month because it "undermines the expertise of state authorities who are responsible for overseeing annuities."
The Retirement Security Rule, finalized on April 23, is polarizing and is sure to face significant legal challenges (one lawsuit has already been filed), because the rule applies a new, heightened fiduciary duty to the insurance industry.
According to the DOL, the new fiduciary rule levels the playing field for insurance agents, brokers, financial planners and registered investment advisors to adhere to a best interest standard when providing investment advice.
To be well-positioned for the possibility of a Department of Labor audit, plan sponsors need to watch out for common errors, which include late deposits of employee contributions into the plan, failure to implement employee deferral elections and failure to provide required notices.