Fiduciary Rule Meetings Disappointed Agent Groups

News April 11, 2024 at 02:31 PM
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What You Need To Know

  • The Insured Retirement Institute noted the White House deciding to complete reviews while more stakeholder meetings were scheduled.
  • Finseca said it received no questions during its session with federal regulation reviewers.
  • NAIFA said it is preparing to go outside the regulatory process to fight the proposed regulations.
DOL headquarters in Washington

The heads of two groups that represent annuity sellers say that White House regulation reviewers showed little apparent interest in their views about the U.S. Department of Labor's fiduciary definition effort during meetings this week.

The Office of Information and Regulatory Affairs, the White House Office of Management and Budget division that analyzes the costs and benefits of regulations, scheduled a total of about 20 meetings to hear interested parties' thoughts about the DOL effort.

OIRA changed the status of the review process Thursday to "concluded" and seems to have canceled stakeholder meetings that were scheduled for Friday and Monday.

Both Kevin Mayeux, the chief executive officer of the National Association of Insurance and Financial Advisors, and Marc Cadin, the CEO of Finseca, noted that regulation reviewers seemed to be rushing through the sessions with their organizations.

What it means: Officials at OIRA, OMB and the Labor Department seem not to be going out of their way to make representatives for agents and brokers feel heard.

The backdrop: The Labor Department's Employee Benefits Security Administration is preparing to release the final version of a new investment advice fiduciary definition any day.

The regulation would require anyone who regularly helps people move assets from 401(k) plans and individual retirement accounts into other financial services vehicles to abide by a fiduciary standard.

Retirement investment advice fiduciaries would have to put clients' interests first. would have to provide extensive documentation of the thinking behind investment recommendations, and might face legal challenges later if the investment recommendations prove to be disappointing.

The regulation could have an especially big impact on agents and brokers who sell non-variable annuities and non-variable cash-value life insurance, because they might face federal oversight. Today, they come under the jurisdiction of state insurance regulations.

The regulation reviews: The Insured Retirement Institute noted with surprise that OMB had completed the regulation review process while still having additional stakeholder meetings on its schedule.

Mayeux, NAIFA's CEO, said his group is disappointed by the White House decision to advance the fiduciary definition effort.

"It's unfortunate that OMB decided to advance this rule so quickly, even while OIRA still has meetings with additional stakeholders scheduled," Mayeux said.

"White House officials' lack of engagement during our meetings with them and rush to complete the OIRA review gives the impression that the administration is rubber-stamping this rehashed proposal and not considering the serious consequences it will have for the American public," he explained.

Cadin, Finseca's CEO, also expressed disappointment about the lack of Labor Department and OMB dialog.

"I continue to believe this is an ideological campaign by the DOL to ban commissions, as evidenced by their inflammatory and offensive framing of this rule when they initially proposed it, the lightning pace they have pushed this rule through, and the lack of questions or even spirited debate on the substantive issues within this rule," he said Thursday in a LinkedIn post.

Finseca received no questions when it gave the Labor Department a presentation on its concerns, Cadin said.

"This week," he said, "we received zero questions and zero comments in our meeting with OMB and DOL."

Kent Mason, an attorney with Davis & Harman who is representing other organizations that have concerns about the fiduciary definition effort, has been talking about the speed of EBSA's drafting process since the draft emerged, in late 2023.

"OMB has shown a disregard for input from the public," Mason said. "My meeting was scheduled for Monday; it has been canceled without notice."

A group that had a meeting scheduled for Friday, the Alternative & Direct Investment Securities Association, had the session canceled without notice, he said.

"We knew that OMB was rubber stamping the final rule," Mason said. "So, what this has done is publicly confirm that."

The future: At press time, the Labor Department had not released the final text of the regulation. Federal departments sometimes make dramatic changes in the text of regulations between the initial drafting stage and the finalization stage.

Even after an agency posts the final text of a regulation, it may change the text or withdraw the text before it is published in the Federal Register and the process of creating a final regulation is completed.

Both Cadin and Mayeux emphasized that their organizations will work with each other and with other organizations to fight the fiduciary definition regulation if the final version looks like the draft released in the fall.

Mayeux noted that the groups and members of Congress will "pursue nonregulatory means of protecting American consumers from the consequences of the DOL rule."

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