Biden's DOL Will Allow Investment Advice Rule To Take Effect - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Annuity News
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
Annuity News RSS Get our newsletter
Order Prints
February 12, 2021 Annuity News
Share
Share
Post
Email

Biden’s DOL Will Allow Investment Advice Rule To Take Effect

By John Hilton

The Department of Labor announced today that its investment advice rule -- a holdover from the Trump administration -- will take effect as scheduled Feb. 16.

There had been wide speculation that President Joe Biden would withdraw the rule in favor of a replacement that closer mirrored the fiduciary rule standard put forth by the Obama administration.

Instead, the Employee Benefits Security Administration confirmed that “Improving Investment Advice for Worker & Retirees,” an exemption for investment advice fiduciaries, will go into effect as scheduled. In the coming days, the agency will publish related guidance for retirement investors, employee benefit plans and investment advice providers.

Jason Berkowitz, chief legal and regulatory affairs officer with the Insured Retirement Institute, said IRI members will be ready to comply with the new rules. However, the trade association still has issues with the regulation.

"We continue to disagree with the expansive interpretation of the five-part test contained in the rule's preamble," Berkowitz said. "This interpretation is inconsistent with the 2018 decision by the U.S. 5th Court of Appeals in U.S. Chamber of Commerce v. U.S. Department of Labor. Further, the rule does not provide a clear and workable path to exemptive relief for independent insurance agents."

The Trump administration replacement rule has two main parts: a new prohibited transaction exemption allowing advisors to provide conflicted advice for commissions; and a reinstatement of the "five-part test" from 1975 to determine what constitutes investment advice.

It is a successor rule to the unpopular fiduciary rule published by the Obama administration, which was later tossed out by a federal appeals court.

“This exemption allows for important investor protections, including a stringent ‘best interest’ standard of care for fiduciary recommendations of rollovers from ERISA-protected retirement accounts,” said Deputy Assistant Secretary of Labor for the Employee Benefits Security Administration Ali Khawar. “We recognize that investment advice providers have been preparing for the exemption, and this step will allow them to implement important system changes. That said, we will continue our stakeholder outreach to determine how we might improve this exemption, the rule defining who is an investment advice fiduciary, and related exemptions to build on this approach.”

The temporary enforcement policy stated in Field Assistance Bulletin 2018-02 will remain in place until Dec. 20, 2021.

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

Brighthouse Sees Strong Annuity Sales, But Expects Decline In 2021

Newer

Health Insurance Brokers Must Disclose Commissions To Clients, Prospects

Advisor News

  • 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
  • Berkeley arts tax heads toward passage while public bank measure looks likely to fail
More Advisor News

Health/Employee Benefits News

  • Reports from Maud Hofland et al Highlight Recent Findings in Science (Responses to cost-sharing: do socio-demographic characteristics matter?): Science
  • New Findings from University of Michigan Yields New Data on Managed Care (Hybrid human-digital motivational incentive intervention protocol for smoking cessation among perinatal Medicaid patients): Managed Care
  • Studies from University Health Network Yield New Information about Cervical Cancer (Uterine Cervical Cancer Treatment and Outcomes Among Medicare-Insured Patients in the United States): Oncology – Cervical Cancer
  • CVS breakup to separate pharmacies from insurance CVS to break up $117 billion business, separating pharmacies from insurance; shares fall
  • Va. offers new path to plans New Va. subsidies help lure people back to health insurance
More Health/Employee Benefits News

Life Insurance News

  • Security Benefit Series B Preferred Stock Dividend Rate Resets to 10.286%
  • FHLBank Pittsburgh Announces Results in 2026 Board Election
  • New Jackson Study Finds the "Sandwich Generation" Squeeze Comes from More Than Two Sides and It’s Quietly Draining Retirement Savings
  • Samsung Fire & Marine Insurance to Acquire Outstanding Stake in Canopius with KKR and KIC
  • Start estate planning before the family needs it
More Life Insurance News

Property and Casualty News

  • Could California take over wildfire insurance? Jane Kim wants to try as new insurance commissioner
  • Gov.-elect Becerra’s rate freeze plan could pit him against powerful interests
  • Could California take over wildfire insurance? Jane Kim wants to try as new insurance commissioner.
  • Jane Kim wants California to cover wildfire losses. Even consumer advocates have doubts
  • When a home becomes difficult to insure, the plan changes
More Property and Casualty 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.