DOL clarifies that insurance firms qualify for best-interest contract exemption under fiduciary rule

DOL clarifies that insurance firms qualify for best-interest contract exemption under fiduciary rule
The agency posted 13 technical corrections Thursday, one of which deletes six words that have caused confusion about use of the BICE.
JUL 07, 2016
The Labor Department has clarified that insurance firms can qualify for an exemption provided in a regulation that raises investment advice standards for retirement accounts. The agency made 13 technical corrections to the rule, which were posted on the Federal Register website Thursday. One of the changes deleted six words that had caused confusion about whether insurance firms could use the so-called best-interest contract exemption. Under the provision, financial advisers are given latitude in how they charge for their services as long as they sign a legally binding contract that requires them to act in the best interests of their clients. The final version of the rule, which was released in April, defined an insurance firm as a financial institution as long as the state requires an annual audit of its reserves “by an independent firm of actuaries.” The new language deletes those six words, because many states don't require that insurers use independent actuaries. “Our intent was to enable insurance companies to use the exemption,” said a DOL official who asked not to be identified. (More: The most up-to-date information on the DOL fiduciary rule) Most of the technical corrections to the 1,023 page final rule involved cleaning up typos and other syntax errors. Neither the language defining insurance companies as financial institutions nor the other snafus that were fixed would have provided loopholes to the rule or affected compliance. “None of this should make a difference to anyone in operation in the sense that it's all what we intended,” the DOL official said. Even though opponents have filed five lawsuits to stop the rule, the DOL continues to meet with financial firms and advisers to answer their questions about the regulation. The agency has promised to issue guidance in the near future pertaining to concerns that have been raised about compliance.

Latest News

FINRA cuts exam retake waiting periods for aspiring brokers
FINRA cuts exam retake waiting periods for aspiring brokers

Shorter waits for failed SIE and Series 7 candidates take effect Jan. 19, speeding the path to registration

Advisor moves: Ameriprise lands three RBC teams with $1.2B; Wells hails $900M recruiting haul
Advisor moves: Ameriprise lands three RBC teams with $1.2B; Wells hails $900M recruiting haul

Raymond James and Cetera also welcomed advisors from UBS and LPL as competition for experienced teams stays fierce

Atlanta B-D Arkadios Capital pays $500K to settle investor lawsuit involving former broker.
Atlanta B-D Arkadios Capital pays $500K to settle investor lawsuit involving former broker.

Jim Walesa worked in the securities industry for 39 years before leaving in 2021.

A tale of two consumers: The growing divide between Wall Street and Main Street
A tale of two consumers: The growing divide between Wall Street and Main Street

As the market turned from pricing in cuts to betting on hikes this year, the developing reality of a K-shaped economy has had real implications for households and investors alike.

Primerica alleges Osaic Wealth raided branch office and poached six advisors
Primerica alleges Osaic Wealth raided branch office and poached six advisors

Alleged cash payments, stolen client data, and a court that jumped the gun

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.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor