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Financial Services Law Insights and Observations

DOL Announces Intention to Delay Portions of Fiduciary Rule Exemptions

Securities Department of Labor DOL Fiduciary Rule

Securities

On August 9, the U.S. Department of Labor (DOL) filed a notice of administrative action in the U.S. District Court for the District of Minnesota as part of an ongoing lawsuit between the DOL and a wealth management firm. In the notice, the DOL said that it has submitted a proposal (text currently unavailable) to the Office of Management and Budget to delay the fiduciary rule’s second applicability date to July 1, 2019, instead of taking effect January 1, 2018 as previously announced (portions of the rule, however, took effect June 9, 2017). (See previous InfoBytes coverage here.) The rule—which expands the definition of who qualifies as a “fiduciary” under ERISA and the Internal Revenue Code—will allow for a delay of applicability under the proposal for certain exemptions, such as (i) “Best Interest Contract Exemption”; (ii) “Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs”; and (iii) “Prohibited Transaction Exemption . . . for Certain Transactions Involving Insurance Agents and Brokers, Pension Consultants, Insurance Companies, and Investment Company Principal Underwriters.”

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