LRA Updates

REGULATORY DEVELOPMENTS Basel III Endgame – Update In October it was reported that the Federal Reserve is planning to revisit the previously proposed capital rules commonly referred to as Basel III Endgame. As we reported in our July 2024 and September 2024 LRA Updates, certain leadership at the FDIC and FRB had already recommended that…

REGULATORY DEVELOPMENTS Executive Order Directing Banking Regulators to Remove Use of Reputational Risk from Examining Process On August 7 President Trump issued an executive order (“Guaranteeing Fair Banking for All Americans”). Among other points, the order makes the claim that banking regulators have at times used influence over regulated banks to direct and/or encourage “politized…

REGULATORY DEVELOPMENTS Industry Response to Proposed Modifications to Enhanced Supplementary Leverage Ratio Standards As covered in our June LRA Update, banking regulators recently released and sought comment on a proposal to modify the Enhanced Supplementary Leverage Ratio (eSLR) standards. A key objective of the proposed changes is to reduce disincentives for large banking organizations from…

JUDICIAL DEVELOPMENTS PHL Variable – Court Sets Hearing on Moratorium Changes On July 29 the Connecticut Superior Court scheduled a hearing for October 21 to consider modifying the current moratorium on access to certain benefits owed by PHL Variable. The modification is expected to offer universal life policyholders two additional options instead of continuing to…

TAX DEVELOPMENTS Tax Reform Update On July 1 the Senate passed H.R. 1 – “One Big, Beautiful Bill” Act via a 51-50 vote (with Vice President Vance casting the tie-breaking vote). While the Senate version incorporated changes relative to the version passed by the House, the legislation does not include any tax provisions that relate…

TAX DEVELOPMENTS Tax Reform Update On May 22 the US House of Representatives passed the One Big Beautiful Bill Act (H.R. 1) by a single vote margin. Upon review of the legislation, we have not observed any provisions that are directly impactful to the BOLI/COLI industry. Advocacy groups including the ACLI and Finseca have expressed…

TAX DEVELOPMENTS House Ways and Means May Soon Vote on Tax Bill On April 24 Ways and Means Committee Chaiman Jason Smith (MO) and Tax Subcommittee Chairman Mike Kelly (PA) announced the formation of ten Committee Tax Teams to study key tax provisions from the 2017 Trump tax cuts that are set to expire. On…

REGULATORY DEVELOPMENTS Reputational Risk in Supervisory Oversight On March 6 Senate Banking Committee Chairman Tim Scott (R-SC) introduced legislation that would require the Federal banking regulators to remove reputational risk from any regulations, examinations and supervisory guidance. In the press release, Senator Scott indicated that the concept had caused legitimate businesses to be debanked (i.e.,…

LEGISLATIVE DEVELOPMENTS House and Senate Approve Separate Budget Resolutions In February the House (H.Con.Res.14) and Senate (S.Con.Res.7) each approved budget resolutions. The resolutions are materially different. The House version is more ambitious, including approval of net tax cuts of $4.5 trillion over 10 years if Congress achieves $2 trillion in spending cuts. The Senate version…

TAX DEVELOPMENTS Ken Kies Nominated to be an Assistant Secretary of the Treasury On January 22 Ken Kies was formally nominated to be an Assistant Secretary of the Treasury. According to press reports, Mr. Kies is expected to focus on tax policy. Mr. Kies has been a tax policy lobbyist, including work with Finseca. He…