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Department of Labor Releases Final Investment Advice Fiduciary Rule

Department of Labor Releases Final Investment Advice Fiduciary Rule

July 24, 2024

Starting September 23, investment professionals who hold themselves out as trusted advisers will be required to act as fiduciaries — that is, they can’t place their interests ahead of the investor — when clients pay them for advice on 401(k)s, IRAs and similar types of qualified retirement plans. The changes close loopholes that made it easier for many investment professionals to avoid fiduciary status — including, for example, when workers roll over their savings from a 401(k) plan to an IRA. The new rule aims to level the playing field for all financial professionals, including investment brokers and insurance salespeople, who describe themselves as trusted advisers when providing investment advice about retirement savings.

For more information, check out the Department of Labor’s Fact Sheet: Retirement Security Rule and Amendments to Class Prohibited Transaction Exemptions for Investment Advice Fiduciaries. The fact sheet can also be accessed at: https://tinyurl.com/muddaby5.

For plan sponsor use only, not for use with participants or the general public. This information is not intended as authoritative guidance or tax or legal advice. You should consult with your attorney or tax advisor for guidance on your specific situation.

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©2024 Kmotion, Inc. This newsletter is a publication of Kmotion, Inc., whose role is solely that of publisher. The articles and opinions in this publication are for general information only and are not intended to provide tax or legal advice or recommendations for any particular situation or type of retirement plan. Nothing in this publication should be construed as legal or tax guidance; nor as the sole authority on any regulation, law or ruling as it applies to a specific plan or situation. Plan sponsors should consult the plan’s legal counsel or tax advisor for advice regarding plan-specific issues.