Trump Should Kill DOL Fiduciary Rule

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Posted by Justin Sykes on Thursday, November 17th, 2016, 11:49 AM PERMALINK

One of President-elect Trump’s goals for 2017 should be to kill the Department of Labor’s (DOL) rule for financial advisors, commonly referred to as the “Fiduciary Rule”. The rule spans over one thousand pages and will reduce the ability of financial advisors to give advice to IRA and 401(k) holders, essentially putting the federal government in between Americans and their retirement savings decisions.

Estimates show the fiduciary rule could disqualify up to 7 million IRA holders from investment advice, and potentially reduce the number of IRAs opened annually by between 300,000 and 400,000. 

The Trump administration could kill the rule in one of two ways. First, with a Republican controlled House and Senate, President Trump could look to do so by passing a bill that would effectively overturn the rule.

There has already been wide opposition to the rule expressed in both the House and Senate, with Representatives Phil Roe (R-Tenn.), Charles Boustany (R-La.) and Ann Wagner (R-Mo.) introducing a resolution earlier this year under the Congressional Review Act to block the rule. A similar resolution was introduced in the Senate by Senator Johnny Isakson (R-Ga.). 

Alternatively, Trump’s second option and more likely choice would be to roll back the fiduciary rule using a new rule-making process at the Labor Department. With new DOL leadership, the Trump administration could delay the rule indefinitely. This delay would allow DOL officials under Trump to reverse the fiduciary rule altogether. 

Whatever path President Trump might decide on, the need to kill the costly and burdensome fiduciary rule is huge. Killing the fiduciary rule before the April 10th 2017 implementation date would protect low-and-middle income families, small businesses, and employees from increased retirement savings costs and reduced access to investment advice.


Photo credit: Gage Skidmore 

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