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.

NAIFA and NAIFA-Texas are proud to announce that John M. Ruckel, LUTCF, a Financial Professional with MassMutual and owner of Ruckel Insurance and Financial Group in Nacogdoches, Texas, is the 2024 recipient of NAIFA’s Terry Headley Lifetime Defender Award.

Ruckel, a loyal member since 1969, was NAIFA’s National President in 1999-2000. He had previously served on NAIFA’s National Board of Trustees and as NAIFA-Texas’s President in 1987-1988. He was also President of NAIFA-Pineywoods of East Texas and a member of the LIFE Foundation (Life Happens) Board of Directors.

When Joshua Ruble graduated from college, he didn’t plan on a career in insurance. However, when a friend suggested a Risk Management Advisor role in Dallas, he quickly took the opportunity and relocated from Oregon.

As a Risk Management Advisor at C1 Insurance Group, Ruble works primarily with high-net-worth families insuring their homes, autos, valuables, and more. He enjoys building relationships with his clients and educating them on the risks they face and consulting on how to best prepare for those disasters. One experience that stood out to him in particular came during a winter freeze. He insured a family’s home with extensive water damage protection through one of his premier carriers. Following the freeze, the home sustained extreme water damage. Not only was the damage repaired to the extent of $750,000, but all the work was completed in six months. Ruble’s client expressed his gratitude, saying, “Your service, responsiveness, and the way you keep your customers updated is truly on a different level than others.”

As a NAIFA member, Ruble is excited to network with and learn from other industry professionals. “I want to be more well-rounded in my knowledge of my industry, as well as others that will best serve my clients,” he says. 

Outside of the office, Ruble enjoys spending time with his wife and 2-year-old daughter. He appreciates the opportunity his career gives him to provide for and spend time with his family. His daughter loves animals, so the family visits zoos and museums often. Ruble is also an avid sports fan, loves hosting gatherings of friends, and stays involved in his community through his church and his daughter’s school. 

Thank you, Joshua, for your hard work and dedication. We look forward to a bright future in the association for you and are #NAIFAproud to call you one of our own.