January 30, 2020

Inside the Beltway

Faegre Drinker Audiocast

Overview

We held our 31st Inside the Beltway presentation on Thursday, January 30. Inside the Beltway is our quarterly series of complimentary audiocasts on developments in Washington that directly impact our industry.

During this session of Beltway we discussed:

  • Highlights of SECURE Act and Preliminary Thoughts
  • Update on New DOL Fiduciary Rule
  • SEC Enforcement Activity on 403(b) and 457(b) Plans
  • Broker-dealer Preparation for Reg BI and FINRA’s Readiness Test

In a good example of why lawyers should not answer questions from imperfect memory, we need to correct an answer we provided on the call. The Pooled Employer Plan (PEP) provisions in the SECURE Act do not take effect until plan years beginning after December 31, 2020. We apologize for any confusion.

Listen to the Recording

Questions? Please contact debra.manders@faegredrinker.com.

Please listen to any of the session recordings below.


Inside the Beltway Audiocast Recordings:

To listen to Fred and Brad's Inside the Beltway audiocast series, please click on a recording below:

  1. Beltway – January 30, 2020

    In a good example of why lawyers should not answer questions from imperfect memory, we need to correct an answer we provided on the call. The Pooled Employer Plan (PEP) provisions in the SECURE Act do not take effect until plan years beginning after December 31, 2020. We apologize for any confusion.

    • Highlights of SECURE Act and Preliminary Thoughts.
    • Update on New DOL Fiduciary Rule.
    • SEC Enforcement Activity on 403(b) and 457(b) Plans.
    • Broker-dealer Preparation for Reg BI and FINRA’s Readiness Test.
  2. Beltway – October 24, 2019
    • Report on lawsuits filed to vacate Reg BI.
    • Update on the SECURE Act.
    • Discussion of two recent complaints filed by the SEC on disclosure of payments to dual registrants.
    • Parts and Pieces: One of the Reg BI provisions that concerns broker-dealers.
    • Update on the possibility of a new DOL fiduciary regulation.
  3. Beltway – July 25, 2019

    • Thoughts on Regulation Best Interest and Related SEC Guidance.
    • Lessons Learned from the Vanderbilt and Anthem Settlements.
    • Update on the SECURE Act.
    • Developments on State Fiduciary and Best Interest Rules.
  4. Beltway – April 11, 2019

    • Status of SEC Rulemaking.
    • Update on State Fiduciary Laws and Regulations.
    • SEC and FINRA Focus on Individual Variable Annuities.
    • SEC Share Class Selection Disclosure Initiative: Lessons Learned from the First Settlements.
  5. Beltway – January 24, 2019

    • Update on legislative developments affecting retirement plans.
    • DOL investigations concerning missing participants.
    • Developments in 401(k) student loan repayment programs.
    • SEC enforcement investigations of RIAs who receive 12b-1 fees and revenue sharing.
    • Elder abuse: a continued focus of regulation and arbitration.
  6. Beltway – October 18, 2018

    • DOL investigations of RIAs and broker-dealers.
    • Lessons learned from the SEC's SCSD Initiative.
    • Review of FINRA disciplinary matters concerning brokers’ actions with regard to customer IRAs.
    • A discussion of Tax Reform 2.0 and RESA—the Retirement Enhancement and Savings Act.
    • The president’s executive order on improving retirement plans.
  7. Beltway – July 24, 2018

    • An update on the legal and practical implications of the Fifth Circuit fiduciary rule decision.
    • The DOL/IRS non-enforcement policy and what it means to advisors.
    • Practical experience with the SEC’s Share Class Selection Disclosure Initiative.
    • The SEC’s proposed “Interpretation” of the standard of care for RIAs and why it matters now.
    • The status of the New York proposal for a new standard of care for sales of insurance and annuities.
  8. Beltway – April 19, 2018

    • Discussions from the April 18 SEC meeting.
    • Issues from a securities law perspective.
    • Potential impact on fiduciary and prohibited transaction issues for plans and IRAs.
  9. Beltway – January 30, 2018

    • Confirmation of the new DOL Assistant Secretary for the EBSA and what that means for changes to the fiduciary rule.
    • Confirmation of the new SEC Commissioners and what that means for a securities law fiduciary rule.
    • Experience with the new fiduciary rule and what problems we are seeing.
    • Status of SEC Examination Priorities for 2018.
    • Update on state fiduciary developments.
  10. Beltway – October 12, 2017

    • The likelihood of a final rule extending the applicability date of the most important fiduciary exemptions to July 1, 2019.
    • What’s next with the DOL and SEC for revising the fiduciary rule and the exemptions?
    • The current focus of SEC examinations under the ReTIRE Initiative.
    • The likely fiduciary claims against broker-dealers in FINRA arbitrations
  11. Beltway – July 20, 2017

    • The fiduciary regulation and the transition exemptions applied on June 9. Which recommendations are the most impacted?
    • What’s next ... with the DOL? With the SEC?
    • When will the transition end? On December 31, as scheduled, or later?
    • What will be the most likely fiduciary breach claims under the transition rules?
  12. Beltway – April 25, 2017

    • Update on Secretary of Labor and DOL Appointees
    • Update on the fiduciary rule
    • Impact of the Congressional proposals for tax treatment of retirement plans
    • Impact on retirement plans of other Trump administration priorities
    • SEC ReTIRE Initiative
  13. Beltway – January 26, 2017

    • Update on the fiduciary rule
    • Update on the special Financial Institution status for IMOs and the sale of fixed indexed annuities
    • Impact of the Congressional proposals for retirement plans
    • Impact on retirement plans of other priorities of the Trump Administration
  14. Beltway – October 13, 2016

    • Litigation against the fiduciary rule
    • Challenges in capturing rollovers
    • The DOL process for financial institutions for fixed indexed annuities
    • Lessons learned from advising clients about compliance with the fiduciary rule and the exemptions
  15. Beltway – July 28, 2016

    • DOL’s final fiduciary regulation and the 84-24 and BIC exemptions
    • Compliance with the best interest standard of care and  with the conditions of the exemptions, certain products and practices
  16. Beltway – April 28, 2016

    • DOL’s final fiduciary regulation and the 84-24 and BIC exemptions and their impact on advice to plans and IRAs, including recommendations to take distributions from plans or IRAs
  17. Beltway – March 10, 2016

    • Update on the DOL’s fiduciary proposal, including the fiduciary definition, and the 84-24 and BIC exemptions
    • How broker-dealers are adapting to the anticipated final rule
    • Impact of final rule on plan distributions and rollovers
    • SEC’s examinations of retirement issues
  18. Beltway – December 10, 2015

    • Update on the DOL's fiduciary proposal, including the fiduciary definition, and the 84-24 and BIC exemptions
    • The Administration's rollout of myIRA
    • The DOL's guidance on ETIs (economically targeted investments)
    • The Intel lawsuit and custom target date funds
    • Aftermath of the Tibble decision
  19. Beltway – September 10, 2015

    • An update on the fiduciary proposal: comment letters and possible changes
    • DOL guidance on lifetime retirement income and income projections
    • The President’s directive to the DOL about state-sponsored plans
  20. Beltway – June 16, 2015

    • An overview of the fiduciary proposal  
    • What the proposal means for registered investment advisers
    • What the proposal means for broker-dealers
    • How the proposal impacts distributions and rollovers
    • Where the proposal will have the greatest impact
  21. Beltway – March 31, 2015

    • The White House budget proposals related to retirement plans, including the proposal regarding state-sponsored retirement plans for individuals
    • The Supreme Court’s acceptance of Tibble v. Edison International
    • The focus on share classes and revenue sharing
    • The White House memo on the fiduciary proposal
  22. Beltway – December 4, 2014

    • The implication of the election results on legislation and administrative guidance
    • The Supreme Court’s acceptance of the case of Tibble v. Edison International
    • The guidance issued on guaranteed benefits and target date funds by Treasury and the DOL
    • Money market fund rules
    • The GAO Report on managed accounts
    • Proprietary funds in plans and recent litigation
  23. Beltway – September 18, 2014

    • What the mid-term election could mean for retirement plans
    • The case of Fifth Third Bancorp v. Dudenhoffer
    • What anticipated SEC and DOL guidance on TDFs can mean
    • The increased focus on IRA rollovers—why and where are we going?
    • Service providers as 3(16) administrator fiduciaries, and recent litigation on the meaning of 3(16)
    • Proprietary funds in plans and recent litigation
  24. Beltway – June 5, 2014

    • The ING settlement
    • Recently released GAO report on tax incentives for plans
    • The risks comprehensive tax reform pose
    • Status of DOL RFI regulation on brokerage windows
    • How IRS rev ruling 2014-9 simplifies rollover processes
    • Pending regulation amendments on TDFs for QDIA and 404a-5 disclosures and the anticipated consequences; and 
    • DOL Investigations of Fiduciary Service Providers
    • Guest speaker Ted Becker spoke about a recent ESOP case he settled with the DOL
  25. Beltway – March 20, 2014

    • FINRA guidance on distributions and rollovers
    • What the President’s new budget proposal tells us about DOL Investigations, IRS audits and agency enforcement priorities
    • DOL’s proposed 408b-2 summary disclosure requirements;
    • The President’s retirement proposals in the new budget
    • Changes in the likely publication dates on the TDF disclosure rule, brokerage window RFI, and other pending regulations
    • The Sixth Circuit decision on lawyers' advice
    • Big picture policy discussion: Why are critics calling the 401(k) plan a benefit for the wealthy?
  26. Beltway – December 5, 2013

    • End of the year review of what happened, and what it means
    • Budget negotiations and impact on plans
    • DOL proposal for 408(b)(2) guide
    • DOL Target date fund disclosure final regulation
    • Update on the fiduciary advice proposal
    • Update on projections of retirement income
    • The latest developments in retirement plan litigation
    • Other recent developments
  27. Beltway – September 12, 2013

    • Status of the fiduciary advice proposal
    • Focus on distributions and rollovers
    • DOL proposed guide on 408(b)(2) summary requirements
    • DOL's focus on abandoned plans
    • DOL's expansive definition of compensation and the ING settlement 
    • Comments received to the DOL proposed lifetime income projections
    • Lessons from recent court decisions
  28. Beltway – May 21, 2013

    • The President's budget, and how it addresses the DOL staff levels, the IRS Individual Retirement Account (IRA) enforcement, and the proposal to cap IRA benefits at $3 million
    • Perez nomination and how the fiduciary rule timing might be affected
    • Lifetime Income PRE rule
    • GAO report on IRA rollovers
    • DOL's expansive definition of compensation and the ING settlement
    • DOL's focus on abandoned plans
    • Leimkuehler and Santomenno cases
  29. Beltway – February 26, 2013

    • DOL’s regulatory agenda and its impact on retirement plans and service providers
    • Latest on the tax reform debate and its treatment of retirement plans
    • Fiscal cliff change regarding the in-plan Roth conversion
  30. Beltway – November 15, 2012

    • Post-election insights
    • Assessing the impact of the Presidential and Congressional elections on retirement plans and service providers
  31. Beltway – August 16, 2012

    • What to do with DOL's controversial guidance on brokerage accounts in 401(k) plans
    • Final preparations for participant disclosure
    • Review of DOL's anticipated 408(b)(2) supplemental guidance
    • The future of DOL's fiduciary advice regulation

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Questions? Please contact debra.manders@faegredrinker.com.

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