Coming soon: Broader definition of fiduciary under ERISA

The Labor Department is planning to expand its definition of fiduciary under ERISA — a move that would have implications for all financial advisers that work on retirement plans.
JAN 14, 2010
The Labor Department is planning to expand its definition of fiduciary under ERISA — a move that would have implications for all financial advisers that work on retirement plans. According to an agenda item posted on the Employee Benefit Security Administration's website on Dec. 7, the agency wants to broaden the definition because “the current regulation may inappropriately limit the types of investment advice that should give rise to fiduciary duties on the part of the investment adviser.” The agency plans to publish proposed regulations to amend the definition in June 2010. While more guidance on what defines a fiduciary is good for the adviser community because it provides clarity, experts are concerned about how this might play out. “Right now it's easy for an investment adviser to be second-guessed if they are acting as a fiduciary,” said Greg Ash, head of the Employee Retirement Income Security Act litigation group at Spencer Fane Britt & Browne LLP. “But the proof is in the pudding about what position the DOL is going to take. Are they just going to clarify it or are they going to make it very expansive?” Advisers who work with 401(k) plans with a self-directed brokerage window could find themselves under heightened fiduciary responsibilities under the rule change, cautioned Matthew Hutcheson, an independent pension fiduciary. Employee brokers selling their firms' products might also find themselves vulnerable, he said. “Everybody who works with retirement plans should presume that they will owe a fiduciary duty or they will owe a duty for loyalty to those who they service,” Mr. Hutcheson said. “Brokers who haven't viewed themselves as fiduciaries need to ask what they might need to do differently.”

Latest News

Barred advisor forged wife’s signature on life insurance contracts, according to FINRA
Barred advisor forged wife’s signature on life insurance contracts, according to FINRA

Thrivent Investment Management Inc. in May fired Nicholas Hale, according to his BrokerCheck profile.

Raymond James lands $18.7B Synovus team as LPL adds UBS breakaways
Raymond James lands $18.7B Synovus team as LPL adds UBS breakaways

About 70 bank and credit union advisors move to the Raymond James platform, while a $480M New Jersey team goes independent with LPL

Tax-aware investing should expand client choices, not constrain them 
Tax-aware investing should expand client choices, not constrain them 

The best tax plan asks not only how much a client could save, but what they would have to give up to save it. 

Merrill veteran Jonathan Stogsdill joins Trinity Wealth Advisors in St. Louis
Merrill veteran Jonathan Stogsdill joins Trinity Wealth Advisors in St. Louis

A 20-year financial services veteran brings values-driven planning expertise to the St. Louis-based RIA.

SEC enforcement against public companies hits record low under Atkins
SEC enforcement against public companies hits record low under Atkins

New research shows a 71% plunge in actions in fiscal year 2026, with total settlements the lowest since the database began.

SPONSORED Best Practices for Engaging Women Around Alternatives

Growing wealth, evolving priorities, and untapped opportunities are reshaping how women approach long-term investing.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.