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SCOTUS Ruling May Have Implications for DOL Fiduciary Rule
National Association of Plan Advisors [NAPA] Link to more items from this source
[Opinion]
July 10, 2019

"Kisor would seem to leave in place the courts' traditional deference to reasonable senior agency interpretations of ambiguous regulations that pertain to their area of focus. But that has implications for a potential revisiting of the Labor Department's fiduciary rule.... The [DOL] has indicated that it intends to reconsider a new fiduciary standard. If so, it stands to reason that 5th Circuit's opinion will be a factor in shaping it -- and, in the aftermath of Kisor, it seems likely that the [DOL] would be mindful to more closely observe its customary statutory territory." [Kisor v. Wilkie, No. 18-15 (S. Ct. Jun. 26, 2019)]  MORE >>

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