Advocacy in action blog

On July 25, 2024, a federal court in the Eastern District of Texas issued a stay barring the enforcement of the DOL fiduciary-only rule (and amendments to PTE 84-24) while the case in FACC v. DOL is pending. An appeal of the stay to the 5th Circuit is likely.  

Meanwhile, NAIFA’s challenge to the fiduciary-only rule, brought with ACLI and other industry groups, is under review in the Northern District of Texas, where we seek a preliminary injunction and stay against enforcement of the fiduciary-only rule and amendments to PTE 84-24 and 2020-02.

The court in the FACC case ruled that plaintiffs are likely to succeed on the merits because the fiduciary-only rule conflicts with ERISA, and with the 5th Circuit’s decision in Chamber, by impermissibly expanding the definition of fiduciary and exceeding the DOL’s authority.

The court in the FACC case found the following:

NAIFA is proud to announce that John M. Ruckel, LUTCF, a Financial Professional with MassMutual and owner of Ruckel Insurance and Financial Group in Nacogdoches, Texas, is the 2024 recipient of NAIFA’s Terry Headley Lifetime Defender Award.

Congratulations to NAIFA-California for its advocacy work that contributed to the California Legislature passing (and the Governor signing) AB 2927 by Assemblyman McCarty (D-Sacramento). The bill reflects years of efforts to require financial literacy be included in high school curriculum and required for graduation. 

The recently agreed-to compromise was supported by NAIFA-California and resulted in the proposed November ballot initiative being pulled by its sponsor NGPF Mission 2030, an affiliate of Next Gen Personal Finance. The Governor and Legislative leaders praised the compromise and expressed their strong support of ensuring students are given the life tools necessary to make sound financial decisions at a young age. Students will begin to see the curriculum in the 2027-28 school year. 

NAIFA-California’s advocacy win is NAIFA grassroots at its best.

Washington, D.C.—The American Council of Life Insurers (ACLI), National Association of Insurance and Financial Advisors (NAIFA), Finseca, Insured Retirement Institute (IRI) and National Association for Fixed Annuities (NAFA) issued the following statement on legislation passed by the U.S. House Appropriations Committee and the Education and the Workforce Committee to protect retirement savers from the Labor Department’s fiduciary-only regulation:
 
“The actions taken by the U.S. House Appropriations Committee and the Education and the Workforce Committee send a clear message that the Labor Department’s fiduciary-only regulation does not align with Congress’s efforts to expand retirement security for all Americans through the increased availability of lifetime income options. 
 
“In 2019 and 2022, Congress reaffirmed the importance of lifetime income when it passed legislation making it easier for employers to include annuities in workplace retirement plans. The fiduciary-only regulation is at odds with this progress. It restricts consumer access to professional financial guidance and options for protected lifetime income that annuities offer.

The U.S. District Court for the Northern District of Texas has issued a stay preventing the Centers for Medicare and Medicaid Services (CMS) from implementing a new rule changing compensation rules for professionals providing products and services related to Medicare Advantage and Medicare Part D programs. NAIFA is not a party to the lawsuits, Americans for Beneficiary Choice et al. v. the U.S. Department of Health and Human Services et al. and The Council for Medicare Choice et al. v. HHS et al., but has been an outspoken critic of the rule since it was first proposed.

So-called 529 plans are effective financial planning tools that help many families prepare for education-related costs. They allow tax-free withdrawals to pay “qualified education expenses.” Proposed legislation known as the “Education and Workforce Freedom Act,” which NAIFA supports, would significantly expand approved uses for 529 plan withdrawals and has been passed by the House Ways & Means Committee.

Washington, D.C.—The American Council of Life Insurers (ACLI), National Association of Insurance and Financial Advisors (NAIFA), Finseca, Insured Retirement Institute (IRI) and National Association for Fixed Annuities (NAFA) issued the following statement on legislation advanced today by the U.S. House Appropriations Subcommittee on Labor, HHS, Education, and Related Agencies that would block funding for the Labor Department’s fiduciary-only regulation:

It's been nine-and-a-half years since the National Association of Registered Agents & Brokers (NARAB) Reform Act was enacted, yet the NARAB Board of Directors has still not been established. The Obama administration submitted nominees but the Senate Banking Committee failed to act on the nominations. Since then, the Trump and Biden administrations have not submitted nominations to the Senate for approval.

Major federal tax legislation is all but certain to be coming from Washington, D.C., in 2025. Many provisions from the 2017 Tax Cuts and Jobs Act (TCJA) are set to expire at the end of next year and Congress will need to address the situation. This NAIFA advocacy webinar, originally produced June 13 but now available on demand, gives you a better understanding of what is being dubbed the "Super Bowl of Tax" and provides insights into some of the proposals likely to shape the debate. It provides analysis of how the political landscape and upcoming election will shape the tax reform issue.

NAIFA has joined forces with 70 organizations, employers, unions, patient and disease advocacy groups, and other health care stakeholders to emphasize the importance of maintaining the tax-free status of employer-provided health care coverage. In a united front, these organizations reminded Congress of the critical role this coverage plays in ensuring the health and financial security of nearly 180 million Americans.