The Department of Labor's (DOL) fiduciary rule has been a subject of debate and revision for years. The rule's latest iteration, proposed in 2023, aims to protect investors by ensuring that financial advisors prioritize their clients' best interests when recommending retirement investments. While still under consideration, this rule has the potential to significantly impact how companies structure their 401(k) plans.

To better understand the DOL's objectives, let's start with some context. The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to regulate retirement plans. ERISA established fiduciary standards, which are more stringent than suitability standards, as the basis for governing investment advice. Fiduciary standards and suitability standards are both crucial concepts that determine the level of care a financial advisor must provide when offering investment advice. Suitability standards only require recommendations to be "suitable," while fiduciary standards demand the highest possible level of care. Many advisors work under suitability standards only.

Regarding the DOL's most recent proposed changes, there are three main points to focus on.

1. Expanded definition of "fiduciary. The rule broadens the category of those deemed "fiduciary" under the Employee Retirement Income Security Act (ERISA). This means more financial professionals advising on 401(k) plans, including rollovers, are legally obligated to put their clients' interests ahead of their own.
2. Rollovers. There is added scrutiny on rollovers, the process of moving funds from a 401(k) to an Individual Retirement Account (IRA), because rollovers are often seen as points of vulnerability for investors. The new rule places stricter scrutiny on recommendations to rollover, aiming to prevent advisors from pushing rollovers that are not in the investor's best interest.
3. Prohibited transaction exemptions. The DOL is also reworking certain exemptions that allow advisors to receive otherwise prohibited compensation (like commissions) under specific conditions. These reworked exemptions include more rigorous requirements companies and advisors must meet.

Companies will need to make necessary adjustments to comply with the new regulations. It is expected that there will be an increase in scrutiny when choosing plan advisors. It will become essential for companies to perform a thorough background check on the financial advisors and firms they hire to manage their 401(k) plans. To avoid potential legal issues, fiduciary standards must be met.