Two federal district courts in Texas stayed (blocked) the new fiduciary rule’s September 23 effective date. Those stays remain in effect, pending the outcome of the courts’ decisions on the cases’ merits or whether the Department of Labor (DOL) decides to appeal the stays and is successful.

Currently, the DOL is still deciding whether to appeal to the courts’ stays of the rule’s effective date. That decision is due by September 24. Both courts have agreed to an extension until September 27 for the parties in both cases to submit a joint report to the courts on “next steps.”

 Prospects: Based on what both the Eastern and Northern Districts of Texas federal district courts wrote in their rulings granting the stay of the fiduciary rules (and its accompanying prohibited transaction exemptions) September 23 effective date, it appears likely that the courts will overturn the DOL rules. However, that decision has not yet been made by either court. And even if the district courts do overturn the rules, it is likely DOL will appeal the rulings to the Fifth Circuit Court of Appeals. So, the ultimate fate of the DOL fiduciary rule is still an open question, although the rule cannot be enforced until/unless a court overrules the district courts’ stay of the September 23 effective date.

 NAIFA Staff Contacts: Diane Boyle – Senior Vice President – Government Relations, at dboyle@naifa.org; or Jayne Fitzgerald – Director – Government Relations, at jfitzgerald@naifa.org; or Michael Hedge – Senior Director – Government Relations, at mhedge@naifa.org.