ACLI President & CEO Dirk Kempthorne and NAIFA CEO Kevin Mayeux issued the following statement today on their organizations’ lawsuit challenging the U.S. Labor Department’s fiduciary regulation:
Washington, D.C. , (June 8, 2016) - “After careful deliberation, the American Council of Life Insurers (ACLI) and National Association of Insurance and Financial Advisors (NAIFA*) have concluded that their commitment to present and future retirees requires them to challenge the U.S. Department of Labor’s fiduciary regulation in court.
“ACLI and NAIFA do so reluctantly.
“ACLI and NAIFA believe it is essential that all Americans receive the financial advice they want and need about managing savings in their 401(k)s, IRAs and other retirement plans. ACLI and NAIFA support responsible and balanced regulations that protect the interests of retirement consumers. But the regulation is neither reasonable nor balanced. It has become clear that it will harm the very people it is meant to help. It will harm retirement savers who now, more than ever, need access to the guaranteed lifetime income products – personal pensions -- offered by ACLI and NAIFA members:
“At a time when Americans need more help than ever before with planning for retirements that can last 20 years, 30 years or more, the Department would make financial advice unavailable to so many.
“The ACLI-NAIFA litigation details how the rule is arbitrary and capricious, contrary to law, fails to provide notice and comment on changes made to different types of annuities, and violates First Amendment protections for non-fiduciary sales persons to provide accurate, non-misleading commercial speech about retirement products.”
The full complaint can be read here.
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*In addition to NAIFA-National, NAIFA-Texas has joined ACLI in the judicial challenge, along with five NAIFA local associations: NAIFA-Amarillo, NAIFA-Dallas, NAIFA-Fort Worth, NAIFA–Great Southwest, and NAIFA–Wichita Falls.
The American Council of Life Insurers (ACLI) is a Washington, D.C.-based trade association with approximately 300 member companies operating in the United States and abroad. ACLI advocates in federal, state, and international forums for public policy that supports the industry marketplace and the 75 million American families that rely on life insurers’ products for financial and retirement security. ACLI members offer life insurance, annuities, retirement plans, long-term care and disability income insurance, and reinsurance, representing more than 90 percent of industry assets and premiums. Learn more at www.acli.com.
About NAIFA: Founded in 1890 as The National Association of Life Underwriters (NALU), NAIFA is one of the nation’s oldest and largest associations representing the interests of insurance professionals from every Congressional district in the United States. NAIFA members assist consumers by focusing their practices on one or more of the following: life insurance and annuities, health insurance and employee benefits, multiline, and financial advising and investments. NAIFA’s mission is to advocate for a positive legislative and regulatory environment, enhance business and professional skills, and promote the ethical conduct of its members.The American Council of Life Insurers (ACLI) is a Washington, D.C.-based trade association with approximately 290 member companies operating in the United States and abroad. ACLI advocates in state, federal, and international forums for public policy that supports the industry marketplace and the 75 million American families that rely on life insurers’ products for financial and retirement security. ACLI members offer life insurance, annuities, retirement plans, long-term care and disability income insurance, and reinsurance, representing 94 percent of industry assets, 93 percent of life insurance premiums, and 97 percent of annuity considerations in the United States. Learn more at www.acli.com.