Texas court stays DOL fiduciary rule - 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
July 25, 2024 Top Stories
Share
Share
Post
Email

Texas court stays DOL fiduciary rule

Department of Labor. Texas court stays DOL fiduciary rule
By John Forcucci

A Texas judge today issued a preliminary injunction to freeze the Department of Labor Retirement Security Rule, its latest attempt to expand fiduciary duty to insurance agents.

The ruling reads as follows:

"The Court grants Plaintiffs’ motion. As explained below, Plaintiffs are likely to succeed on the merits of their claim because the 2024 Fiduciary Rule conflicts with ERISA in several ways, including by treating as fiduciaries those who engage in one-time recommendations to roll over assets from an ERISA plan to an IRA. DOL’s related amendments to Prohibited Transaction Exemption 84-24 are also unreasonable and arbitrary and capricious.

"For its part, DOL attempts to reconcile the Rule to Chamber but fails," stated the ruling. "Ultimately, DOL contends that Chamber is wrong and unduly limits the agency’s authority. But that is an argument for the en banc Fifth Circuit or the Supreme Court. The balance of the factors necessary to issue a stay, moreover, weigh in Plaintiffs’ favor here.

"Accordingly, the Court ORDERS that the effective date of the 2024 Fiduciary Rule and amended PTE 84-24 is STAYED until further order of the Court."

Notably, Judge Jeremy D. Kernodle's ruling does not mention anything about a "party restrictive" injunction limited to agents only. He had questioned how to structure an injunction during oral arguments Tuesday.

Representing the plaintiffs during that hearing, attorney Don Colleluori of Figari & Davenport conceded that his clients were focused on insurance agents. A second lawsuit, filed by several trade associations in another Texas federal court, also challenges other aspects of the rule pertaining to advisors.

Still, Colleluori argued for a blanket injunction for all, citing the injunction granted by the Court of Appeals for the Fifth Circuit in the Career Colleges & Schools of Texas v. U.S. Department of Education.

Career Colleges sued the Department of Education over its 2022 "borrower defense" statute. The Fifth Circuit reversed a lower-court decision in April 2024. In vacating the law, the court determined that "it does not need to be party restrictive," Colleluori explained, postponing enforcement of the rule against any institution that receives federal funds.

"There are good reasons why in this case, it should be universal," Colleluori said. "Restricting it to some parties and not others creates this patchwork that will just lead to further confusion about how the rule can or can't be applied to whom.”

Today's ruling included the following statement:

"The Rule is not DOL’s first attempt to expand the meaning of fiduciary under ERISA. The Fifth Circuit vacated an earlier, similar rule because it “conflict[ed] with the plain text of [ERISA],” was “inconsistent with the entirety of ERISA’s ‘fiduciary’ definition,” and unreasonably treated numerous financial services providers “in tandem with ERISA employer-sponsored plan fiduciaries.”

"The 2024 Fiduciary Rule suffers from many of the same problems. Plaintiffs
are insurance agents who sell annuities and other products to clients rolling over
their retirement investments from employer-provided plans ... (such as 401(k)s) into IRAs.

"They argue that the 2024 Rule conflicts with ERISA by imposing ERISA-fiduciary status on “any insurance agent who merely complies with state insurance laws when dealing with an ERISA plan member or owner of an [IRA].”

"And complying with the Rule while this lawsuit is pending, they argue, will subject them to “significant compliance burdens, . . . potential liability under ERISA, and potential enforcement actions by DOL.” Id. at 11. Plaintiffs therefore seek a stay of the Rule’s September 23, 2024, effective date, or alternatively, a preliminary injunction enjoining DOL’s enforcement of the Rule while this case proceeds."

Colleluori represents the Federation of Americans for Consumer Choice, which filed its lawsuit May 2. FACC asked Kernodle last month to issue a ruling by July 26 at the latest.

Representing the government, attorney Alexander Ely from the Department of Justice sought to save as much of the rule as possible if an injunction is the decision.

The DOL Retirement Security Rule was published April 25 in the Federal Register. It extends a fiduciary standard of care to most annuity transactions. FACC is joined by several independent insurance agents in the lawsuit filed in the Eastern District of Texas.

InsuranceNewsNet Senior Editor John Hilton contributed to this report.

© Entire contents copyright 2024 by InsuranceNewsNet.com Inc. All rights reserved. No part of this article may be reprinted without the expressed written consent from InsuranceNewsNet.com.

No image

John Forcucci is InsuranceNewsNet editor-in-chief. He has had a long career in daily and weekly journalism. Contact him at johnf@innemail.

Older

Bill filed to reinstate recently overturned Chevron doctrine

Newer

Hurricane season could top last year’s $100B damage costs, experts say

Advisor News

  • Most Gen Z investors think less than a year ahead when making financial decisions
  • IRI pitches retirement agenda to Jeffries as democrats shape affordability platform
  • Help child-free clients plan for their later years
  • When new investment trends emerge, Gen Z is most likely generation to be first in
  • Could ‘plain English’ become an advisor’s secret weapon?
More Advisor News

Annuity News

  • Guidance, bulletin or reg? NAIC debates form of annuity illustration update
  • Nationwide adds mutual fund-linked strategy to New Heights Select FIA
  • NUNN INTRODUCES BILL TO CUT RED TAPE, GIVE IOWANS CLEARER INSURANCE INFORMATION
  • NAIC working group pressed to accelerate annuity illustration overhaul
  • State Auditor James Brown Kicks Off Life Insurance Awareness Month With Policy Locator Tool
More Annuity News

Health/Employee Benefits News

  • Study Results from Howard University Provide New Insights into Managed Care (Howard University’s Pediatric Dentistry Postdoctoral Program: Advancing Workforce Diversity and Access In Underserved Communities): Managed Care
  • Trump promises $500 rebates for Obamacare ‘overcharges’ he blames on Biden
  • How Iowa’s candidates for governor see the future of Medicaid
  • Pennsylvania's biggest Medicaid insurer is building political clout
  • Boise-area ‘micro-hospital’ drew heat from Idaho insurer. What city decided
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • MIB reports double-digit life insurance app activity in record August
  • 42% of consumers are confused and unconvinced by life insurance
  • Life insurance protects the people who matter most
  • AM Best Affirms Credit Ratings of Petrolimex Insurance Corporation
  • Capgemini: Life insurers under pressure: 42% of consumers are confused and unconvinced by policies
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

  • 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
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
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.