DOL acting before SEC on fiduciary rule is 'failure in public policy'

DOL acting before SEC on fiduciary rule is 'failure in public policy'
The SEC had a mandate to set a fiduciary standard, but failed to do so before the DOL.
APR 06, 2016
The Department of Labor's move to set a uniform fiduciary standard on investment advice before the Securities and Exchange Commission represents a policy breakdown on the part of the U.S. government, according to an official with the major trade organization for the financial services sector. The Labor Department yesterday issued the final version of its “conflict of interest” rule, which raises investment advice standards for retirement accounts by making a fiduciary of anyone giving advice to 401(k) plans and individual retirement accounts. Critics of the rule, such as the Securities Industry and Financial Markets Association, had long championed the notion that the DOL should wait until the SEC undergoes a fiduciary rulemaking exercise before going ahead with its rule. “From SIFMA's standpoint, to have the DOL issue this now-final rule is bit of a failure in public policy,” said Ira Hammerman, executive vice president and general counsel at SIFMA. The Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law in 2010 gave the SEC, as the primary regulator of the securities industry, discretionary authority to regulate a uniform fiduciary duty for investment advice, Mr. Hammerman said, adding that its inability to do so constitutes the policy failure. SEC chairwoman Mary Jo White has indicated she supports a uniform fiduciary standard, but told legislators there's no guarantee the commission will draft its own rule. The DOL's final rule could increase the pressure on the SEC to do so, but they won't necessarily have to, according to Mr. Hammerman, who spoke Thursday at SIFMA's private client conference in New York.

Latest News

Am I stuck? Rethinking career mobility at every stage
Am I stuck? Rethinking career mobility at every stage

Why advisors at every stage may have more leverage, flexibility, and strategic options than they realize.

Advisor moves: $1B Stifel team joins Raymond James, Southern Ridge picks Osaic
Advisor moves: $1B Stifel team joins Raymond James, Southern Ridge picks Osaic

A California team with four decades of combined experience and a Kentucky father-son practice headline this week's advisor movement.

AI in wealth management: budgets surge but ROI remains elusive
AI in wealth management: budgets surge but ROI remains elusive

From generative AI on trading desks to personalized portfolio tools, financial firms are spending big on AI, but measuring returns is proving harder.

Arax acquires $3B RIA Transcend Capital in seventh deal of 2026
Arax acquires $3B RIA Transcend Capital in seventh deal of 2026

The fast-growing RIA aggregator adds Transcend Capital Advisors, a multi-state firm with more than 1,000 client relationships.

As layoffs commence, Commonwealth’s digital guru jumps ship
As layoffs commence, Commonwealth’s digital guru jumps ship

Christopher Blotto moved this month to Janney Montgomery Scott.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income