Things I Worry About (27): Pooled Employer Plans and DOL RFI (8)
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs. Some of those questions suggest that the DOL is concerned about conflicts of interest in the organization and management of PEPs. This article continues a discussion of the questions asked by […]
Things I Worry About (26): Pooled Employer Plans and DOL RFI (7)
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs. Some of those questions suggest a possible fiduciary safe harbor for small employers who adopt PEPs. This article continues a discussion of the questions asked by the DOL and my comments […]
The New Fiduciary Rule (49): Recommendations to Transfer IRAs (NAIC)
Key Takeaways Two Texas Federal District Courts have “stayed” the effective dates of the DOL’s new fiduciary regulation and related exemptions, meaning that the private sector will not have to comply with those rules until the cases are resolved and if the guidance is vacated, those rules will never be effective. As a result, one-time […]
The New Fiduciary Rule (42):The Regulation and Exemptions are Stayed (2)—What Remains?
Key Takeaways Shortly after the DOL’s new regulation defining fiduciary advice and amended Prohibited Transaction Exemptions 2020-02 and 84-24 were finalized, two lawsuits were filed in Federal District Courts in Texas. The lawsuits sought to “vacate”, or overturn, the regulation and exemptions as being beyond the authority of the DOL. In addition, the plaintiffs requested […]
The New Fiduciary Rule (39): Qualified Annuity Exchanges
Key Takeaways The DOL’s fiduciary regulation will be effective on September 23 of this year. As a result, beginning on September 23 one-time recommendations to retirement investors can be fiduciary advice and, where the advice is conflicted, the protection afforded by a prohibited transaction exemption will be needed. While some of the requirements (called “conditions”) […]
The New Fiduciary Rule (33): The DOL’s Final PTE 84-24
Key Takeaways The DOL’s fiduciary regulation will be effective on September 23 of this year. As a result, beginning on September 23, one-time recommendations to retirement investors can be fiduciary advice and, where the advice is conflicted, the investment professional and financial institution will need the protection afforded by a PTE. While some of the […]
The New Fiduciary Rule (32): The DOL’s Final PTE 2020-02
Key Takeaways The DOL’s fiduciary regulation will be effective on September 23 of this year. As a result, beginning on September 23 one-time recommendations to retirement investors can be fiduciary advice and, where the advice is conflicted, the investment professional and financial institution will need the protection afforded by a PTE. While some of the […]
The New Fiduciary Rule (31):The DOL’s Final Fiduciary Definition Compared to the Proposal
Key Takeaways The DOL’s fiduciary regulation and the amended Prohibited Transaction Exemptions (PTEs) 2020-02 and 84-24 will be effective on September 23 of this year. However, some of the requirements (called “conditions”) of PTEs 2020-02 and 84-24 will not be effective until a full year later…September 23, 2025. As a result, broker-dealers, investment advisers, banks, […]
The New Fiduciary Rule (30): The One-Time Recommendation Definition
Key Takeaways The DOL’s fiduciary regulation and the amended Prohibited Transaction Exemptions (PTEs) 2020-02 and 84-24 will be effective on September 23 of this year. However, some of the requirements (called “conditions”) of PTEs 2020-02 and 84-24 will not be effective until September 23, 2025. As a result, broker-dealers, investment advisers, banks and insurance companies […]
The New Fiduciary Rule (25): Robo Advice and Robo Conflicts
In November 2023, the U.S. Department of Labor released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to retirement plans, participants (including rollovers), and IRAs (including transfers). On March 8, 2024, the DOL sent the final rule to the Office of […]