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December 2016 Benefits News

The Department of Labor Answers Some Questions About the New Fiduciary Rule

Evan Giller

In the May 2016 edition of this newsletter, we discussed the Department of Labor’s (“DOL”) newly introduced regulation, (the “advice rule”), that implemented significant changes to the rules governing when a person or entity who provides investment advice to a retirement plan, plan participant, or IRA owner is considered to be a fiduciary. This rule, issued on April 8, 2016, is intended to expand the definition of investment advice under ERISA. The DOL and the proponents of the rule are concerned that advisers may have a conflict of interest when they receive certain types of compensation in exchange for providing advice.

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