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Jason Berkowitz Chief Legal & Regulatory Affairs Officer IRI

Jason Berkowitz
Chief Legal & Regulatory Affairs Officer

The federal court’s decision to vacate the Department of Labor’s 2024 “Retirement Security Rule” is welcome news for millions of America’s workers and retirees planning for retirement and an important reaffirmation of the limits Congress placed on the Department’s authority.

The ruling restores regulatory clarity while preserving consumers’ ability to access the professional financial guidance and retirement solutions they rely on to build a secure and dignified future.

DOL Rule Raised Significant Concerns
From the start, the rule raised significant concerns across the retirement industry and among policymakers.

By dramatically expanding the definition of fiduciary investment advice under Employee Retirement Income Security Act (ERISA), the rule would have treated nearly every interaction between financial professionals and retirement savers as fiduciary advice, triggering sweeping new restrictions and compliance obligations.

In practice, this one-size-fits-all approach threatened to reduce consumers’ access to financial professionals and products that help retirees generate dependable income, including annuities.

These solutions provide guaranteed lifetime income, something workers and retirees increasingly need as traditional pensions become less common.

Consumers Win…
The court’s decision to vacate the rule is a victory for consumers who depend on access to professional guidance to make informed financial decisions.

It also reinforces a key legal principle: regulators must operate within the authority Congress has granted them.

…And Are Protected by the Existing Regulatory Framework
The ruling does not leave consumers without protection.

A strong regulatory framework already exists to ensure financial professionals act in their clients’ best interest.

At the federal level, the U.S. Securities and Exchange Commission’s Regulation Best Interest require broker-dealers to act in the best interest of retail customers when recommending securities transactions or investment strategies.

Complementing this rule is the National Association of Insurance Commissioners’ best interest model regulation governing annuity recommendations. All fifty states have adopted a best interest regulation.

Together, these federal and state standards provide strong consumer protections while preserving the flexibility financial professionals need to serve workers and retirees with diverse retirement needs.

Industry Collaboration Secured Success
This outcome reflects coordinated advocacy across the retirement industry, with IRI helping lead the effort. IRI played a key role throughout the process by submitting detailed comments to the Department of Labor, testifying before Congress, and raising concerns about the rule’s impact on consumers’ access to retirement guidance.

When the final rule failed to address those concerns, IRI joined a coalition of organizations including: the American Council of Life Insurers (ACLI), National Association of Insurance and Financial Advisors (NAIFA), NAIFA-Texas, NAIFA-Dallas, NAIFA-Fort Worth, NAIFA-POET, Finseca, and the National Association for Fixed Annuities (NAFA), to challenge the rule in court.

That collaboration helped secure an outcome that preserves both consumer protection and consumer choice.

The Bottom Line
When consumers have meaningful safeguards and the freedom to choose the guidance and products that meet their needs, they are better positioned to achieve the secure retirement they deserve.

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