How the Department of Labors New Fiduciary Rule Will Impact SMBs

How the Department of Labors New Fiduciary Rule Will Impact SMBsCredit ESB Professional/Shutterstock The U.S. Department of Labor (DOL) is preparing to move forward with a regulatory change that would expand the definition of fiduciary investment advice, holding-gesellschaft service versorgers and plan sponsors accountable to the regulations included in the Employee Retirement Income Security Act of 1974 (ERISA). The bulk of the rule change, which was scheduled to take effect in April, will be implemented on June 9, as the DOL ordered a 60-day delay.For some time the DOL has been considering expanding the definition of fiduciary advice, said Lori Shannon, a partner in law firm Barnes Thornburgs corporate practice who focuses on employee benefits and executive compensation. The reason why is because ERISA is old and when it was originally put in place, the concept of fiduciary investment advice was geared mora toward traditional plans.According to Shannon , DOLs rule change is designed to require service providers acting as a fiduciary that is, giving particular investment advice to plan participants to act in the best interests of their clients. If there is a conflict of interest, the provider must meet certain exemptions or refrain from offering fiduciary advice altogether.Editors note Considering an employee retirement plan for your business? If youre looking for information to help you choose the one thats right for you, use the questionnaire below to have our sister site, BuyerZone, provide you with information from a variety of vendors for freeThe DOL has now said any investment advisor will be held to fiduciary standard, said James Olson, legal counsel at Schnader Harrison Segal Lewis. Anyone who offers investment advice to a plan participant or an IRA holder must put their clients best interest ahead of themselves they cannot generate profits where there might be a conflict of interest.The rule change doesnt only put the o nus on service providers, however. Plan sponsors, namely businesses, need to take certain measures to ensure theyre protected from significant financial penalties. According to Shannon, this includes thoroughly reviewing educational materials offered by the service provider, combing through the contract to understand whether fiduciary advice will be offered or not, and regularly ensuring that, if a service provider doesnt claim to offer fiduciary advice, they are indeed refraining from doing so.The thing a plan sponsor needs to be concerned about is is this fiduciary investment advice? Shannon said. The provider either is a fiduciary advisor or they arent, so make sure the documentation is consistent with the service providers declaration.Penalties for noncompliance come in the form of lawsuits, fines and excise taxes, which are tied to the size and scope of the transaction found to be in violation of the rules. Heres what plan sponsors and service providers should understandPlan sp onsors Avoid opening yourself to any fiduciary liability. For plan sponsors found not acting in the best interest of plan holders (typically their own employees), onerous penalties apply.Service providers If you are receiving compensation for fiduciary advice but dont meet the new rules regarding one of the exemptions, significant penalties and excise taxes will apply. Clients also will have the opportunity to file suit if a service provider is found to not be acting in their best interests.The full fiduciary rule can be found on the DOLs website, including the new changes, exemptions and information regarding financial penalties for noncompliance. Adam C. Uzialko Adam C. Uzialko, a New Jersey native, graduated from Rutgers University in 2014 with a degree in Political Science and Journalism & Media Studies. In addition to his full-time sttte at Business News Daily and Business.com, Adam freelances for a variety of outlets. An indispensable ally of the feline race, Adam is owned by four lovely cats. Start Your Business Business Ideas Business Plans Startup Basics Startup Funding Franchising Success Stories Entrepreneurs Grow Your Business Sales absatzwirtschaft Finances Your Team Technology Social Media Security Build Your Career Get the Job Get Ahead Office Life Work-Life Balance Home Office Lead Your Team Leadership Women in Business Managing Strategy Personal Growth Find A Solution HR Solutions Financial Solutions Marketing Solutions Security Solutions Retail Solutions SMB Solutions About Us Contact Us freund with Us Copyright Policy Terms of Use Privacy Policy Do Not Sell My Personal Information Advertising Disclosure Sitemap 200 Fifth Avenue, Second FloorWaltham, MA 02451infobusinessnewsdaily.com Copyright document.write(new Date().getFullYear()) All Rights Reserved. Company About Us Contact Us Partner with Us Copyright Policy Terms of Use Privacy Policy Do Not Sell My Personal Information Advertising Disclosure Sitemap Network Business.com BuyerZone.com