The Department of Labor on Wednesday released a proposed rule to extend for 60 days the applicability date of its fiduciary rule under the Employee Retirement Income Security Act.

The proposal, which includes a 15-day comment period, would extend the rule's April 10 compliance date to June 9.

Labor said that it invites comments on the proposal to extend the applicability date of the final rule as well as the prohibited transaction exemptions and the Best Interest Contract Exemption.

Fred Reish, partner in Drinker Biddle & Reath's employee benefits and executive compensation practice group in Los Angeles, notes that a 6-month delay had been widely expected.

“During the shortened period, the DOL will take comments for 15 days on whether the proposed rule should be finalized and will take comments for 45 days on a list of questions about the impact of the fiduciary regulation and the exemptions,” Reish explains.

After the comments are received and reviewed, Labor will then issue a final rule extending the applicability date to June 9, Reish adds. “Once drafted, it will be sent to the Office of Management and Budget for another review. The goal is obviously to get the final rule on the extension of the applicability date approved and published by April 10. We expect that to happen at the end of March or early April.”

The U.S. Chamber of Commerce said in a Wednesday statement that it “commends the Department of Labor for its swift action to protect retirement savers by issuing a notice of proposed rulemaking to delay the fiduciary rule, which will help ensure all Americans have access to the advice and choices needed when saving for their future.”

Chamber, which is among the nine plaintiffs suing Labor over its fiduciary rule in a Texas court, is appealing Judge Barbara M.G. Lynn's Feb. 8 decision upholding Labor's rule. Chamber said Wednesday that its “goal is to strengthen our nation's retirement system so it meets the retirement needs of small-business owners, employees and retirement savers. Now, we look forward to working with the administration and Congress on policy that achieves this shared objective.”

The Office of Management and Budget said Monday that it had finished its review of Labor's request to delay implementation of the rule.

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Melanie Waddell

Melanie is senior editor and Washington bureau chief of ThinkAdvisor. Her ThinkAdvisor coverage zeros in on how politics, policy, legislation and regulations affect the investment advisory space. Melanie’s coverage has been cited in various lawmakers’ reports, letters and bills, and in the Labor Department’s fiduciary rule in 2024. In 2019, Melanie received an Honorable Mention, Range of Work by a Single Author award from @Folio. Melanie joined Investment Advisor magazine as New York bureau chief in 2000. She has been a columnist since 2002. She started her career in Washington in 1994, covering financial issues at American Banker. Since 1997, Melanie has been covering investment-related issues, holding senior editorial positions at American Banker publications in both Washington and New York. Briefly, she was content chief for Internet Capital Group’s EFinancialWorld in New York and wrote freelance articles for Institutional Investor. Melanie holds a bachelor’s degree in English from Towson University. She interned at The Baltimore Sun and its suburban edition.