DOL Not Backing Down From Fiduciary Rule, Analysts Say - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Top Stories
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Annuity News
Top Stories RSS Get our newsletter
Order Prints
April 10, 2017 Top Stories
Share
Share
Post
Email

DOL Not Backing Down From Fiduciary Rule, Analysts Say

By John Hilton

While the Department of Labor delayed the controversial Obama-crafted fiduciary rule for 60 days, it also expressed surprising support for the regulation.

“The DOL clearly does not back down from the Fiduciary Rule and exemptions as a general matter,” wrote Drinker Biddle & Reath in a client alert.

The 60-delay was published Friday in the Federal Register and moved the fiduciary rule “applicability date” from April 10 to June 9. The election of regulation foe Donald J. Trump was thought to mean the end of the fiduciary rule.

Drinker Biddle, whose attorneys represent several insurance marketing organizations, isn’t so sure. The firm points to this passage in particular:

“(The DOL) ... concluded that it would be inappropriate to broadly delay application of the fiduciary definition and Impartial Conduct Standards for an extended period in disregard of its previous findings of ongoing injury to retirement investors.”

In effect, the DOL is confirming that the new definition of fiduciary advice and the “best interest” standard of conduct (and other Impartial Conduct Standards) will apply on and after June 9, Drinker Biddle attorneys wrote.

Trump ordered the DOL to delay the rule in a Feb. 3 memorandum. In the meantime, the DOL released a bulletin alerting the financial services industry that it will not pursue enforcement of the rule in the short term.

It was thought by some analysts that the DOL would continue to delay the rule while it worked to dismantle some of the unpopular aspects. Instead, it seems the only positive result is more time to comply with the rules, analysts say.

Prohibited Transaction Exemption 84-24 will remain available for all annuity recommendations – fixed, fixed indexed and variable annuities – until Jan. 1, 2018, Drinker Biddle noted. The “impartial conduct” standards will apply under PTE 84-24 on June 9, but the more onerous best interest contract exemption will not come into play until Jan. 1.

The three impartial conduct standards are acting in the client’s “best interest,” make no misleading statements, and accept only reasonable compensation.

“Perhaps the biggest beneficiaries are firms involved in annuity sales, as they now have until the end of the year to figure out how to live with the new regulatory scheme,” the Drinker Biddle alert read.

Continue Selling Annuities

IMOs and FMOs that would not qualify as “financial institutions” under the BICE will be able to continue selling all types of annuities throughout 2017, the alert said.

“This will give the DOL time to re-evaluate and finalize the proposed BIC Exemption for insurance intermediaries,” the alert said.

Those firms who do qualify as financial institutions under the BICE will be able to choose between PTE 84-24 and a transitional BICE – when recommending all types of annuities - until Jan. 1, 2018.

Drinker Biddle summarized the DOL’s rationale for its position:

• There is widespread acceptance that the Impartial Conduct Standards are appropriate;
• Because firms and advisors will be acting under the relaxed transition rules, the risk of litigation, especially class-action litigation, is at least reduced in the IRA context, which was a major concern expressed by those who oppose the rule and exemptions;
• The approach selected is consistent with the DOL’s “compliance-first posture toward implementation” – that is, the DOL’s previously announced focus “on compliance assistance, both in the period before Jan. 1, 2018, and for some time after”;
• The approach provides more certainty for the financial services industry; and
• The DOL can always change things later on.

A fiduciary rule is likely, agreed Jamie Hopkins, associate professor of taxation for the American College of Financial Services. The timing just isn’t favorable to make significant changes and complete public notice and comment requirements within a 60-day window, he said.

“Now, we could see changes to things like the BICE before the end of the year and perhaps the removal of the class action lawsuit,” Hopkins said. “But, it does appear that the definition of investment advice might stick.”

InsuranceNewsNet Senior Editor John Hilton has covered business and other beats in more than 20 years of daily journalism. John may be reached at john.hilton@innfeedback.com.

© Entire contents copyright 2017 by InsuranceNewsNet.com Inc. All rights reserved. No part of this article may be reprinted without the expressed written consent from InsuranceNewsNet.com.

John Hilton

InsuranceNewsNet Senior Editor John Hilton has covered business and other beats in more than 20 years of daily journalism. John may be reached at john.hilton@innfeedback.com. Follow him on Twitter @INNJohnH.

Older

U.S. Life: Operating Income Drops 10 Percent in 2016

Newer

New ‘Immediate Need’ Annuity Listed on Exchange

Advisor News

  • Semi-retirement: helping clients balance flexibility with financial security
  • The 6X Formula for leveraging content marketing with AI
  • When a home becomes difficult to insure, the plan changes
  • The inheritance gap: Helping clients plan for money that hasn’t arrived
  • After the midterms: Addressing your clients’ tax concerns
More Advisor News

Annuity News

  • Athene CEO criticizes offshore reinsurance, risk-taking by competitors
  • DOL, trade groups, state AGs file briefs supporting Alcoa in PRT lawsuit
  • John Hancock launches new fixed indexed annuity suite
  • Annuities to play a larger role in workplace retirement plans
  • FHLBank Pittsburgh Announces Results in 2026 Board Election
More Annuity News

Health/Employee Benefits News

  • Weld County deputy struggling after being injured by DUI driver (photo gallery)
  • Changes to Medicare Advantage plan offerings affect Montana seniors
  • Medicaid work rules don’t apply to Native Americans. They could still lose coverage.
  • Native Americans face Medicaid exemption hurdles
  • A GAP IN PROTECTION
More Health/Employee Benefits News

Life Insurance News

  • AM Best Affirms Credit Ratings of Fubon Insurance Vietnam Co., Ltd.
  • Three lawsuits put life insurers’ cost-of-insurance practices under scrutiny
  • Military Briefs: November 12-18
  • Security Benefit Series B Preferred Stock Dividend Rate Resets to 10.286%
  • FHLBank Pittsburgh Announces Results in 2026 Board Election
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Insurvoice Lets Independent Insurance Agency Owners Analyze Every Customer Call in ChatGPT or Claude
  • Spectrum Weather & Specialty Insurance Celebrates 15 Years and Welcomes the Next Generation
  • Royal Neighbors of America® Increases Service Capacity
  • Benefits Studio Launches to Fill the Missing Middle of Benefits Navigation at $49/mo
  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.