Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Regulations Made by DOL to Broaden ERISA Fiduciary Definition

Author: Scarinci Hollenbeck, LLC

Date: June 24, 2016

Key Contacts

Back

The DOL amended the fiduciary definition

The Department of Labor recently issued its final regulations to alter the definition of a fiduciary under ERISA effective Apr. 10, 2017. These “conflict of interest” rules will expand ERISA protections for participants by broadening the personnel treated as fiduciaries which render fee-based investment advice.

With the new rules, the DOL intends to redefine fiduciary investment advice by requiring advisers for ERISA-governed retirement plans and IRAs to act within the definition of ERISA. This move was also intended to summarize the code of conduct for investment advisers specific to provisions for ERISA plan sponsors.

While the final regulations are geared toward investment advisers, they will significantly affect plan sponsors themselves.

The new ERISA fiduciary definition

Advisers are categorized as fiduciaries rendering investment advice when they offer suggestions to plans, plan fiduciaries, participants, beneficiaries and IRA account owners. According to the National Law Review, these recommendations from advisers are deemed investment advice when there are specific suggestions to engage or avoid certain investments. When investment communication is tailored to an individual, it is more likely to be considered a recommendation – particularly in exchange for fee or other forms of direct or indirect compensation.

When investment advisers are not considered fiduciaries

Some of these exclusions include employees of plan sponsors, plan fiduciaries, employee benefit plans, affiliates or employee organizations. This is true so long as these entities receive normal compensation for work performed.

Any programs that do not have an investment component, such as health and welfare plans, are also exempt.

The same applies for platforms of investment alternatives. These are exempt so long as advisers present these platforms to plan fiduciaries as impartial suggestions or explain that the advice is not intended as investment recommendations.

Asset valuations are also exempt from the fiduciary definition under the new rules. However, the DOL has stated that it will seek to address asset valuation issues with further regulations.

The best interest contract exemption

While the regulations will be effective Apr. 10, 2017, advisers will have until Jan. 1, 2018 to ensure compliance with the “best interest contract exemption”. This provision enables advisers to provide investment recommendations as long as they give “advice in the client’s best interest, charge only reasonable compensation, and avoid misleading statements about fees and conflicts of interest.”

The exemption requires advisers to disclose all conflicts of interest and remove any financial incentives for investment advice that may not be in the client’s best interest.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Why Compliance Monitoring Matters for NY and NJ Businesses post image

Why Compliance Monitoring Matters for NY and NJ Businesses

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]

Author: Dan Brecher

Link to post with title - "Why Compliance Monitoring Matters for NY and NJ Businesses"
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!