Labor Department’s fiduciary rule survives challenge

A massive spending bill that will keep the government operating until next fall did not contain a provision to halt a Labor Department rule that would raise investment-advice standards for retirement accounts.

Congressional negotiators completed last Tuesday night a $1.15-trillion omnibus appropriations bill, which passed into law last Friday.

In a victory for proponents of the DOL rule, legislators’ policy riders that would have either prevented or delayed promulgation of the regulation did not make it into the must-pass measure.

The Financial Planning Coalition praised lawmakers for “standing up for American investors” in a statement last Wednesday.

“Retirement in-vestors need — more than ever — unconflicted advice that is in their best interests,” the FPC said. “By allowing the DOL to proceed with its rulemaking without further delay, members [of Congress] are taking an important step to strengthen retirement security for Americans.”

CONGRESSIONAL RESISTANCE

The rule still faces resistance in Congress. A bipartisan group of lawmakers introduced two bills last Friday that would require Congress to approve the DOL rule before it goes into effect. If Congress did not approve the rule, it would be replaced by a fiduciary standard drawn up in the legislation, which is being spearheaded by Rep. Peter Roskam, R-Ill., and Rep. Phil Roe, R-Tenn.

But President Barack Obama, who calls the DOL rule an important part of his “middle-class economics” initiative, stands ready to veto legislation, even if it achieves enough support in the Senate to overcome a filibuster.

The best chance for any bill to get through Congress was to attach it to the omnibus spending package, which had to be approved to keep the government open. It does not appear there will be another must-pass bill before the rule is finalized, which will probably occur in the first quarter of next year.

But many advisers expect the rule won’t look exactly the same as it does now, especially since the Department of Labor promised to make tweaks based on input during the extended comment period.

‘MOVE FORWARD’

“With all the comments, I think the DOL can arrive at a rule that won’t make everyone 100% happy, but is going to make all constituent parties sufficiently OK with the rule that they can move forward,” said Mike Webb, vice president of advisory firm Cammack Retirement Group.

The DOL rule, introduced in April, has generated a fierce lobbying battle.

The Obama administration argues that the measure, which would require brokers to put their clients’ interests ahead of their own in 401(k) and individual retirement accounts, is needed to protect workers and retirees from high-fee products that erode their savings.

The financial industry says the rule would significantly increase liability risk and regulatory costs for brokers and would make giving and receiving advice much more expensive — forcing savers with modest assets out of the advice market.

The Financial Services Institute, which represents independent broker-dealers and financial advisers, is not giving up on congressional action to stop the DOL rule.

“The odds of passing an omnibus bill with a rider to protect retirement investors from the Department of Labor’s fiduciary rule … were always slim,” Dale Brown, FSI president and chief executive, said in a statement.

“But that rider is not Congress’ only chance to act,” he continued. “This is why all advisers must get engaged in the legislative process and advocate for hard-working Americans trying to save for a dignified retirement.”

Proponents of the fiduciary rule see it another way.

“Financial firms have mounted one of the most aggressive lobbying campaigns in recent memory to defeat a rule that would require them to put their customers’ interests first when providing retirement investment advice,” Barbara Roper, director of investor protection at the Consumer Federation of America, said in a statement. “We are enormously grateful that Congress chose to stand up to the special interests and stand with workers and retirees on this issue.