SEC overrules own staff, approves OCC clearing fund shift Fidelity opposed
The SEC has issued a de novo order on OCC's proposal to reweight how Clearing Members fund the mutualized Clearing Fund, shifting the formula toward stress-loss shortfall rather than open interest. Fidelity petitioned against the staff-level approval, arguing it disadvantages agency brokers. This covers the Commission's reasoning for overriding that objection and approving the change.
- OCC filed the proposed rule change SR-OCC-2025-018 with the SEC on September 26, 2025.
- The new weighting scheme is 70% shortfall, 15% margin and 15% volume, replacing 70% total risk, 15% open interest and 15% volume.
- OCC's lookback period for allocation-related measures moves from one month to three months of data.
- New Rule 1003(c) gives OCC sole discretion to hold Clearing Fund allocation weights constant month-over-month during volatile conditions.
- For the top 15 Clearing Fund allocations in June 2026, nine members would have seen increases of +8.69% to +104.78% and six would have seen decreases of -4.79% to -39.97% under the proposal.