ACLI is calling on the Department of Labor to revoke and replace its fiduciary regulation, return to the drawing board and draft a new regulation that makes sense for America’s retirement savers and the companies and advisors committed to helping Americans address their financial and retirement security.
Our objective since the department first proposed the fiduciary regulation in April 2015 has been to work cooperatively with the department to ensure its final rule protects consumers without harming their ability to obtain the financial and retirement security advice they want and need.
During the department’s rulemaking effort, ACLI made clear that the regulation would not serve the best interests of consumers as it would result in:
• Less access to investment advice and education for low- and middle-income savers and retirees;
• Limited investor choice and consumer access to all investment services—such as proprietary products, commission-based sales and annuities, the only financial products in the private marketplace that guarantee lifetime income;
• Reduced small business owners’ access to information and products they need to establish and maintain retirement plans and help workers save for retirement.
ACLI welcomed the President's memorandum on February 3 that directed the Secretary of Labor to examine the regulation to determine whether it may adversely affect the ability of Americans to gain access to retirement information and financial advice. ACLI also welcomed the announcement on April 4 of a 60-day delay in the regulation's applicability date. However, ACLI remains concerned that, although the department has concluded that its review of the issue and its potential harmful impact on retirement savers will likely take more than 60 days, it has signaled its unwillingness to delay the applicability date beyond this period.
ACLI has serious concerns with the department’s approach to the examination required by the Presidential memorandum. The regulation must be delayed until the department has completed its examination to the satisfaction of the President. The regulation will have a harmful impact on investors due to a reduction in access to retirement product structures, retirement savings information, and related financial advice.
America’s life insurers support reasonable and appropriately tailored regulations that require financial professionals to act in their customers’ best interest. In that spirit, the industry is prepared to work with the administration, Congress and the states on public policies that help Americans achieve their financial and retirement security goals.
ACLI Motion for an Injunction Pending Appeal, 03/11/2017
ACLI Notice of Appeal, 02/28/2017
Hearing Transcript, 11/17/2016
ACLI Reply Brief, 09/16/2016
ACLI MSJ Brief, 07/08/2016
ACLI/NAIFA Legal Challenge to DOL Fiduciary Rule, 06/08/2016
Letters of Interest
ACLI Statement for the Congressional Record Calling on DOL to Issue a Further Delay of the Fiduciary Regulation, 05/18/2017
Sen. Ron Johnson (R-WI) letter to DOL Secretary Acosta, 05/12/2017
House GOP members letter to DOL Secretary Acosta, 05/02/2017
Senate HELP Committee GOP members letter to DOL Secretary Acosta, 04/28/2017
ACLI comments to DOL regarding examination of fiduciary rule described in President's memorandum, 04/17/2017
GOP members of House Education & Workforce Committee letter on fiduciary to DOL, 04/17/2017
ACLI letter to DOL regarding proposal to extend applicability date of fiduciary rule, 03/13/2017
ACLI President and CEO letter to Speaker Ryan on H. J. Res. 88, which disapproves the fiduciary rule, 04/26/2016
Rep. Gwen Moore's (D-WI) Letter to Office of Management and Budget Regarding Proposed Fiduciary Rule, 03/04/2016
House Democrat Letter to Office of Management and Budget Regarding Proposed Fiduciary Rule, 02/09/2016
Rep. Jared Polis's (D-CO) Letter to Office of Management and Budget Regarding Proposed Fiduciary Rule, 02/02/2016
Secure Family Coalition letters expressing support for H.R. 4293 and H.R. 4292:
letter (PDF) to House Education and the Workforce Committee; and
letter (PDF) to House Committee on Ways and Means, 02/01/2016
Dear Colleague letter announcing bi-partisan principles on fiduciary, 11/05/2015
ACLI submits supplemental letter to the Department of Labor regarding the administration's proposed fiduciary rule, 09/24/2015
House letter to Secretary Perez regarding fiduciary rule, 09/24/2015
National Conference of Insurance Legislators (NCOIL) letter, 07/28/2015
ACLI comment letter to DOL regarding the fiduciary rule (Note: 18 MB File), 07/21/2015
Center for Capital Markets Competitiveness letter, 07/21/2015
ACLI President and CEO Governor Dirk Kempthorne letter to Sens. Mike Crapo (R-ID) and Sherrod Brown (D-OH), 07/13/2015
Amicus brief filed in the ACLI/NAIFA consolidated fiduciary litigation appeal by the Washington Legal Foundation (May 2017)
[VIDEO] ACLI Pres. and CEO's mention of the fiduciary rule during the 2016 National Governors Association Winter Meeting (February 2016)
U.S. Chamber Infographic: The Threat to Small Business Retirement Savings (July 2015)
U.S. Chamber Report: Proposed DOL Fiduciary Rule Could Impact 9 Million Small Business Households (June 2015)
NERA Study Released on DOL Retirement Regulation (March 2015)