Tr?id=566623520170033&ev=PageView&noscript=1

New DOL Fiduciary Rule Takes Aim at Loopholes in Retirement Savings

Posted on November 16th, 2023 at 11:52 AM
New DOL Fiduciary Rule Takes Aim at Loopholes in Retirement Savings

From the desk of Jim Eccleston at Eccleston Law 

The Department of Labor (DOL) unveiled its latest retirement security rule, which involves altering the definition of an investment advice fiduciary under the Employee Retirement Income Security Act (ERISA). In addition to this, the Department also introduced proposed amendments to prohibited transaction exemptions (PTEs).

According to DI Wire, those proposed changes address what the Biden White House characterizes as "junk fees," which allegedly erode a significant portion of the savings of middle-class retirement investors.

The DOL's new proposals have the primary objective of reducing junk fees, as follows:

  1. Closing “loopholes” to ensure that investment product recommendations serve the best interests of savers. Presently, specific commodities and insurance products, such as fixed index annuities, are subject to state laws, varying from state to state.
  2. Expanding the scope to include advice related to rolling assets out of a 401(k) or other employer-sponsored plan. Currently, one-time advice, such as guidance on rolling over assets from a 401(k) to an IRA, is not mandated to be in the best interest of savers.
  3. Extending coverage to advice given to plan sponsors regarding selecting investments for 401(k)s and other employer-sponsored plans. Presently, this advice is not subject to the SEC's Regulation Best Interest, and there is no requirement for it to be in the customer's best interest.

The revised definition of an investment advice fiduciary would be applicable when financial services providers offer investment advice for a fee to retirement plan participants, individual retirement account owners, and others.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

Jim, Stephany and the whole team were a God send.  We felt like we were put into a situation where we had no advocate. Jim’s team came in with a strong, well laid out strategy on how to get our story heard. Where our outside compliance company had no ability to help, our Broker Dealer was impenitent, and the regulators were aggressive pursuing vague rules, Jim came like a barricade against an assault we did not understand. Though you pay member dues to be affiliated with FINRA and a B/D, you have no voice. The only thing that is truly heard in this un-level playing field is a bulldog’s bark like Jim’s. I would encourage anyone to call Jim and his team to find a real ally in the tough and complicated world of securities regulation. They are truly the best.

Greg P.

LATEST NEWS AND ARTICLES

1779287606 Law
May 20, 2026
FINRA Sanctions Ameriprise for Supervisory Failures in Variable Annuity Exchanges

The Financial Industry Regulatory Authority (FINRA) has fined Ameriprise Financial Services and ordered restitution to resolve allegations that the firm failed to adequately supervise certain variable annuity exchange recommendations.

1779216500 Law
May 19, 2026
SEC Fines Ally Invest Advisors Over Undisclosed Robo-Advisor Conflict

The Securities and Exchange Commission (SEC) imposed a $500,000 penalty on Ally Invest Advisors after finding that the firm failed to disclose a material conflict of interest tied to its Cash-Enhanced robo-advisor accounts.

1779206639 Law
May 19, 2026
Federal Court Upholds FINRA's Authority in Alpine Securities Challenge

A federal court has rejected a broad constitutional challenge to the authority of the Financial Industry Regulatory Authority (FINRA), delivering a significant victory for the self-regulator and reinforcing its enforcement framework.