Fiduciary Rules and Practices
The Department of Labor (DOL) released the Retirement Security Rule, informally known as the fiduciary rule, to great fanfare on Tuesday—including a press conference and White House ceremony.
Now that it’s released, what changes does the final rule make to the proposed rule? Here are eight...
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A federal court decision in an excessive fee case starts off by noting that “the late, renowned attorney-investor Charlie Munger once quipped that ‘the big money is not in the buying and selling, but in the waiting.’”
In case you were wondering, U.S. District Judge Nathaniel M. Gorton goes on to...
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The White House's Office of Management and Budget (OMB) has completed its review of the Retirement Security Rule, and it is expected to be released by the Department of Labor (DOL) by the end of the month, according to reliable sources.
The OMB concluded its review and removed the rule from its...
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The American Retirement Association (ARA) and sustainable markets advocacy organization Ceres has filed an amicus brief in the 5th U.S. Circuit Court of Appeals. It supported the U.S. Department of Labor’s (DOL) rule “that ensures retirement plan fiduciaries, including 401(k) sponsors, can consider...
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As the Department of Labor defends its rule allowing the use of environmental, social and governance (ESG) factors by fiduciaries when selecting plan investments, legislation to restrict the use of ESG in making investment decisions—including for 403(b) and 457 plans—has been reintroduced in...
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In a lengthy filing (109 pages), Yale University says the plaintiffs who lost their excessive fee case in a jury trial shouldn’t get a “do over.”
More specifically, the Yale fiduciary defendants in that case have filed the aforementioned brief stating that the Second Circuit need not concern...
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The Office of Management and Budget (OMB) received the fiduciary rule, listed as Retirement Security Rule: Definition of an Investment Advice Fiduciary, from the Department of Labor (DOL) on March 8.
The OMB will review its costs and benefits within 90 days. However, the compressed two-month...
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Coming slightly more than a month after its first hearing on the Department of Labor’s proposed investment advice fiduciary rule, a second subcommittee of the House of Representatives debated the merits of the proposal, with the battle lines drawn between the two parties.
The Feb. 15 hearing by...
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With several references made to the movie Groundhog Day, witnesses testifying at a House subcommittee hearing to examine the DOL’s proposed investment advice fiduciary rule suggested the proposal goes beyond its legal authority and called on Congress to act before the guidance ends up in litigation...
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In our comment letter submitted to the Department of Labor (DOL) on Jan. 2, 2024, the American Retirement Association (ARA) expressed support for—yet specific issues with— the department’s proposed definition of “fiduciary investment advice” and amendments to PTE 2020-02.
The rulemaking package,...
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In MarketBeat, Nevin E. Adams, JD notes that like many, he has spent a fair amount of time analyzing the impact and import of the new fiduciary rule proposal.
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In prepared testimony to the Department of Labor's (DOL) leadership and staff, American Retirement Association (ARA) CEO Brian Graff highlighted “the significant regulatory gap” regarding plan-level advice on Dec. 12.
Graff’s comments—made in support of the DOL’s latest attempt to modernize the...
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American Retirement Association (ARA) CEO Brian Graff is scheduled to testify on the first day of a public hearing hosted by the Department of Labor (DOL) titled “Retirement Security Rule: Definition of an Investment Advice Fiduciary.”
Graff will follow opening remarks from Assistant Secretary...
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In MarketBeat, Allison Wielobob writes that the proposed fiduciary rule would change who an ERISA fiduciary is and the conditions under which those fiduciaries may conduct business with retirement investors.
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November was a very quiet month. It started with a family vacation and ended with a wonderful week of thanksgiving. I am personally thankful for all of you who do so much for the educators across this great nation. Thank you for putting in the time and effort to ensure that educators have the best...
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Another university 403(b) plan has won yet another victory in staving off an excessive fee suit by the Schlichter law firm.
The most recent case[1] involved Cornell University, which had already successfully fended off most of the claims in 2019 in the U.S. District Court for the Southern District...
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It’s been a couple of fast-moving days for the Department of Labor’s (DOL) proposal to amend the definition of investment advice fiduciary, as the House GOP has stepped up efforts to block the DOL from implementing its proposal, while the department has now denied a request to extend the comment...
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Ahead of today’s anticipated rollout of a new fiduciary rule, the Biden Administration has issued a fact sheet previewing its content—including an issue of long concern to the American Retirement Association.
The fact sheet focuses on the issue of conflicted advice, specifically calling out what...
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As anticipated, the Department of Labor (DOL) has released a proposed rule defining who is an investment advice fiduciary for purposes of the Employee Retirement Income Security Act (ERISA).
The proposed rule, announced during a White House ceremony attended by President Biden on the afternoon of...
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M&A expert Peter Campagna, Managing Partner at Wise Rhino Group, has a list of common emotions that advisors face when they decide to sell their business.
“Fully 80% of M&A is managing emotions,” Campagna says. “The...
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