The Justice Department told a federal court on Tuesday that the Office of Management and Budget has concluded its review of the Labor Department's final rule delaying the implementation date of its fiduciary rule by 60 days — from April 10 to June 9.
Labor announced Tuesday evening its 60-day delay of the rule. According to a copy of the final rule set out in DOJ's letter, Labor's Employee Benefits Security Administration final rule – to be published in the Federal Register by Friday — extends the compliance date of the final regulation, published on April 8, 2016, defining who is a “fiduciary” under the Employee Retirement Income Security Act and the Internal Revenue Code.
Labor, DOJ said, has requested that the rule be made “publicly available” Wednesday morning and published in the Federal Register no later than April 7.
According to Labor's release announcing the delay, under the terms of the extension, advisors to retirement investors will be treated as fiduciaries and have an obligation to give advice that adheres to “impartial conduct standards” beginning on June 9 rather than on April 10, 2017, as originally scheduled.
“These fiduciary standards require advisors to adhere to a best interest standard when making investment recommendations, charge no more than reasonable compensation for their services and refrain from making misleading statements,” DOL stated in the Tuesday release.
The department requested in the final rule delaying the compliance date comments on the issues raised by President Donald Trump's Feb. 3 memorandum, and related questions. Labor “urges commenters to submit data, information and analyses responsive to the requests, so that it can complete its work pursuant to the memorandum as carefully, thoughtfully and expeditiously as possible.”
EBSA says the delay is needed so that Labor can conduct a review of the rule, as directed by Trump.
The final rule also extends for 60 days the applicability dates of the Best Interest Contract Exemption and the Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and employee benefit plans and IRAs.
EBSA states that the rule requires that fiduciaries relying on these exemptions for covered transactions adhere only to the Impartial Conduct Standards (including the “best interest” standard), as conditions of the exemptions during the transition period from June 9, 2017, through January 1, 2018.
The fiduciary definition in the rule published on April 8, 2016, and Impartial Conduct Standards in these exemptions, are applicable on June 9, 2017, while compliance with the remaining conditions in these exemptions, such as requirements to make specific written disclosures and representations of fiduciary compliance in communications with investors, is not required until January 1, 2018, EBSA says.
The applicability of amendments to Prohibited Transaction Exemption 84-24 are also delayed until January 1, 2018, other than the Impartial Conduct Standards, which will become applicable on June 9, 2017.
Also extended for 60 days is the applicability dates of amendments to other previously granted exemptions.
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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.
