April 7, 2017

Department of Labor Delays Applicability of the Fiduciary Rule

At Arnerich Massena, we are proud that we have always been ahead of the curve on this issue, acknowledging fiduciary status since our inception and offering independent, unbiased advice to retirement plans. Regardless of the outcome of the review, we will continue to acknowledge our fiduciary status and work in the best interest of plan participants.

The Department of Labor’s (DOL) fiduciary rule was set to go into effect on April 10, 2017, but the DOL has announced that the rule has been delayed by 60 days. A Presidential Memorandum issued on February 3 requested that the DOL complete a comprehensive analysis of the rule and its impacts. This delay is intended to allow enough time to evaluate the regulation before it goes into effect. The new applicability date is June 9, 2017.

In the Federal Register notice of the delay, the DOL explains: “The President…directed the Department of Labor to examine whether the Fiduciary Rule may adversely affect the ability of Americans to gain access to retirement information and financial advice, and to prepare an updated economic and legal analysis concerning the likely impact of the Fiduciary Rule as part of that examination. The extensions announced in this document are necessary to enable the Department to perform this examination and to consider possible changes with respect to the Fiduciary Rule and PTEs [prohibited transaction exemptions] based on new evidence or analysis developed pursuant to the examination.”

To read the full notice, visit https://s3.amazonaws.com/public-inspection.federalregister.gov/2017-06914.pdf.