The American Council of Life Insurers and the National Association of Insurance and Financial Advisors pressed the U.S. Court of Appeals for the 5th Circuit on Wednesday to issue the mandate to vacate the Department of Labor’s fiduciary rule “expeditiously,” as the rule remains in effect and is causing compliance uncertainty.
The trade groups wrote in their filing with the court that until the court issues the mandate to vacate, Labor will continue its “temporary enforcement policy” of not pursuing claims against “investment advice fiduciaries.”
Labor issued a temporary enforcement policy for its fiduciary rule on May 7, the same date that the 5th Circuit was expected to issue its mandate to vacate Labor’s fiduciary rule.
In that temporary enforcement guidance, the groups wrote, the department explains that “[o]n or about May 7, 2018,” the court was “expected to issue a mandate effectuating its opinion vacating the entire fiduciary rule.”
The department promised “to provide appropriate guidance in the future,” presumably after the mandate was issued, the trade groups wrote.