The Fiduciary Rule Impact on Compensation Explained - 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
Top Stories
Top Stories RSS Get our newsletter
Order Prints
April 11, 2016 Top Stories
Share
Share
Post
Email

The Fiduciary Rule Impact on Compensation Explained

By John Hilton InsuranceNewsNet

Now that the Department of Labor has finally published its fiduciary rule, it is time for advisors and firms to consider how their lives will change.

Take compensation, for example. Plenty of accusations and hypothetical situations were bandied about during the past year since the DOL released its tentative fiduciary rule.

Now that the rule is published, we have a finished product from which to clear up a few misconceptions regarding compensation. Here are the most common questions regarding comepnsation:

  • Do you have to recommend the investment that is the lowest cost or generates the lowest fees? No. The rule clearly states that lowest cost/fees are not the sole criteria. The rule allows, with full disclosures, room for advisors to factor in things such as risk tolerance as well, said James F. Jorden, a shareholder of Carlton Fields Jorden Burt.
  • Does the rule eliminate some, or all, commissions? No. Many commissions, including trail fees, revenue sharing, and other incentives, fall into the category of “conflicted compensation.”As such, advisors will need to comply with one of the prohibited transaction exemptions to continue to receive commissions. If they do so, and disclose the fees, they can be received, said Jamie Hopkins, co-director of the New York Life Center for Retirement Income at The American College. However, “there’s a general feeling here that some of that stuff might have to go away,” he added. “From a liability standpoint, you might see people move away from those indirect compensation or revenue sharing or bonus models."
  • Does securing a Best Interest Contract Exemption get you out of being a fiduciary? No. In fact, part of complying with the BIC is acting as a fiduciary. “It’s just allowing you to get paid in a certain way while acting in the best interest of your client,” Hopkins said.
  • Will your existing compensation structures comply with the rule? Yes. The rule contains a grandfathering clause that will allow existing commission arrangements to remain in place after the April 2017 compliance deadline.

In addition, the DOL will permit a recommendation to roll over from a plan or IRA to a level fee arrangement or to switch from a commission to a level fee arrangement. Advisors will need to provide documentation that the move is in the customer's best interest.

This leeway may help advisors who earn their living from commissions instead of fees stay in business, Hopkins said.

One of the most important words in the DOL rule is “reasonable,” in the context that all compensation must be reasonable. Unfortunately, it will be some time before a reasonable standard is known, Hopkins said.

“’Reasonable’ in this case is really going to be determined by the courts,” he said.

The vast majority of advisors will stay in the business, adapt to the new rules, Hopkins said, and carve out a good living. The money is in retirement accounts, so the opportunity for a livelihood remains.

“You can’t leave where the money is,” he said.

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 2016 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

For Broker/Dealers, a Massive Shift in Thinking

Newer

The Five Best and Worst Things About the Fiduciary Rule

Advisor News

  • When a client moves, their insurance plan needs to move, too
  • A rising retirement challenge: The license to spend
  • Financial stress leaves less room for retirement saving
  • Giving while you’re living: 3 frequently asked questions about gifting
  • Helping clients prepare for one of their biggest retirement expenses
More Advisor News

Annuity News

  • Global Atlantic names Dan Farrelly head of IMO and IBD channels
  • A rising retirement challenge: The license to spend
  • What lower interest rates mean to annuity payouts
  • AM Best downgrades A-Cap insurers amid financial and regulatory troubles
  • Lawsuit claims Delaware Life hid billions in insurer-linked investments
More Annuity News

Health/Employee Benefits News

  • Former CEO of health insurance giant Trigon dies
  • As immigrant Medicaid cuts take effect, some in WA can keep their coverage
  • HMSA revamping Medicare Advantage plans
  • HMSA revamping Medicare Advantage plans
  • Norwood Davis, CEO of health insurance giant, dies at 86 Norwood Davis, former CEO of health insurance giant Trigon, dies at 86
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Study Results from Cornell University in the Area of Insurance Reported (Regulatory Competition In the Us Life Insurance Industry): Insurance
  • AM Best Comments on Issuer Credit Ratings of Pacific Life Insurance Company’s Commercial Paper Following Amendment to Program
  • AM Best Affirms Credit Ratings of Protective Life Corporation and Its Key Subsidiaries
  • ICICI Life Insurance names Sidharatha Mishra managing director, CEO
  • Lawsuit alleges companies collected $30 million in ‘illegal wager on human life’
Sponsor
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

  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
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.