On July 25, 2024, a federal court in the Eastern District of Texas issued a stay barring the enforcement of the DOL fiduciary-only rule (and amendments to PTE 84-24) while the case in FACC v. DOL is pending. An appeal of the stay to the 5th Circuit is likely.  

Meanwhile, NAIFA’s challenge to the fiduciary-only rule, brought with ACLI and other industry groups, is under review in the Northern District of Texas, where we seek a preliminary injunction and stay against enforcement of the fiduciary-only rule and amendments to PTE 84-24 and 2020-02.

Update: A Federal Court has granted a stay in the case brought by NAIFA, ACLI, and others.

The court in the FACC case ruled that plaintiffs are likely to succeed on the merits because the fiduciary-only rule conflicts with ERISA, and with the 5th Circuit’s decision in Chamber, by impermissibly expanding the definition of fiduciary and exceeding the DOL’s authority.

The court in the FACC case found the following:

• The fiduciary-only rule improperly treats one-time rollover recommendations as fiduciary relationships, by improperly redefining fiduciary relationships to include non-trust-and-confidence relationships.
• The fiduciary-only rule improperly (i) eliminates the requirements that fiduciary advice be given on a regular basis, pursuant to mutual agreement, and as primary basis for investment decisions, (ii) ignores the requirement that fiduciary advice be given for a fee, and (iii) ignores the distinction between the DOL’s authority under ERISA Titles I and II.
• The amendments to PTE 84-24 are arbitrary and capricious by imposing fiduciary duty requirements and liabilities on all agents and brokers who interact with retirement investors.
• The FACC plaintiffs demonstrated a substantial threat of irreparable harm if the fiduciary-only rule goes into effect, including compliance burdens and potential liability.

The court gave its stay nationwide effect, not limited to the parties in the FACC case, because the fiduciary-only rule affects all similarly situated financial professionals; because investment rules should be uniform; and because the rule impacts various parts of the financial services industry.

"NAIFA is very pleased that a federal court has halted enforcement of the Department of Labor's fiduciary-only rule," said NAIFA CEO Kevin Mayeux, CAE. "While we await a decision in the case NAIFA filed with NAIFA Chapters, ACLI, and other industry groups in opposition to the DOL rule, this is an important step forward towards protecting the businesses of NAIFA members and consumers who rely on them for financial products and services. The decision means that the DOL's rule will not go into effect September 24, and the courts will have time to fully consider the merits of our lawsuit. We are encouraged by this decision and are confident that we have put forward a strong argument to have the DOL's rule vacated in its entirety."

The NAIFA chapters that are parties to our lawsuit are NAIFA-Texas, NAIFA-Dallas, NAIFA-Fort Worth, and NAIFA-Pineywoods of East Texas. NAIFA will keep you posted on important developments in these cases.

On March 28, the Departments of Labor (DOL), Health and Human Services’ (HHS’) Centers for Medicare and Medicaid Services (CMS), and Treasury released a final short-term limited-duration (STLD) health insurance rule. It retains the proposed rule’s new limits of three months duration, with a four-month renewal option for this kind of insurance.

The new final regulation also requires new disclosure rules—generally language making clear to prospective purchasers that STLD is not the full coverage that they would get from an ACA-compliant policy.