Reg BI: How rollovers are changing under the new SEC rules

Reg BI: How rollovers are changing under the new SEC rules
The new standard is more stringent than the current one, laying out explicit steps that brokers must take when considering a retirement rollover.
JUN 20, 2019

The Securities and Exchange Commission in early June made the most significant changes to investment-advice standards in more than two decades — and rollovers were no exception. Regulation Best Interest imposes a new standard for brokers, broadly saying they must make investment recommendations that are in retail customers' best interest. That extends to advice to roll over assets from a workplace retirement plan like a 401(k) to an individual retirement account. Rollovers constituted one of the major revisions from the proposed SEC rule to the final version issued June 5. Contrary to the initial draft, the final rule lays out explicit steps broker-dealers and brokers must take when making a rollover recommendation. Most experts agree the new standard for rollovers is higher than the existing "suitability" standard for brokers — although that will ultimately depend on how the SEC and Financial Industry Regulatory Authority Inc., the brokerage regulator, interpret and police the new rules. "This does elevate the standard of conduct for broker-dealers in pretty concrete ways," said Aron Szapiro, director of policy research at Morningstar Inc. The new rules encompass three elements of a rollover recommendation, according to Fred Reish, a partner at law firm Drinker Biddle & Reath. Those elements include recommendations to: take money out of a 401(k) plan (i.e., it's not in an investor's best interest to be in the plan), put that money in an IRA (i.e., the IRA is the best place to put the money), invest the money (i.e., investment choice). One major point is that a broker must do a comparative analysis between a client's 401(k) and an IRA based on several factors. Those include: fees and expenses, level of service available; available investment options, ability to take penalty-free withdrawals, application of required minimum distributions, protection from creditors and legal judgments, holdings of employer stock, and any "special features" of the existing account. This list isn't exhaustive, according to the SEC, and some factors may have more or less relevance given the particular client. The SEC also said broker-dealers can't rely on an IRA having more investment options than a 401(k) as "the basis for recommending a rollover." Those factors are in addition to other general requirements under Reg BI, such as consideration of a client's investment profile, and the potential risks, rewards and costs of a particular security or investment strategy. Cost can be a "fairly significant factor" in assessing such recommendations, because IRAs are almost always more expensive than those in 401(k) plans, Mr. Reish said. The new rollover standard, he added, "looks identical" to the SEC fiduciary standard for registered investment advisers. "I don't see any difference between the RIA fiduciary standard and the broker-dealer best-interest standard," Mr. Reish said of rollover transactions. Finra will need to update its rules and regulations to reflect the SEC's new standard, but broker-dealers shouldn't wait to start amending their rollover processes since the implementation deadline is just a year away, Mr. Reish said. Micha Hauptman, an investor advocate, agrees the new rollover standard represents at least a "marginal improvement over the status quo," since it requires broker-dealers to take a range of factors into account for clients. However, he's worried broker conduct won't "meaningfully change" from current practice. "[Reg BI] potentially gives brokers the road map to rationalize what they're doing while failing to properly address conflicts of interest that arise," Mr. Hauptman, financial services counsel at the Consumer Federation of America, said of rollovers. For instance, Reg BI prohibits some — but not all — sales contests and quotas. Product-specific contests are no longer allowed, but ones related to asset accumulation, for example, weren't prohibited. That, Mr. Hauptman believes, may still offer an incentive to brokers to recommend rollovers that aren't in customers' best interests.

Latest News

Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney
Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney

Nine-month electronic trading freeze and share lending program at the center of dismissed claim.

RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone
RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone

Meanwhile, Rossby Financial's leadership buildout rolls on with a new COO appointment as Balefire Wealth welcomes a distinguished retirement specialist to its national network.

Rethinking diversification amid a concentrated S&P 500
Rethinking diversification amid a concentrated S&P 500

With a smaller group of companies driving stock market performance, advisors must work more intentionally to manage concentration risks within client portfolios.

Merrill pays second settlement to former Miami Dolphins player, client of ex-broker
Merrill pays second settlement to former Miami Dolphins player, client of ex-broker

Professional athletes are often targets of scam artists and are particularly vulnerable to fraud.

Schwab touts AI as its biggest growth lever at investor day
Schwab touts AI as its biggest growth lever at investor day

The brokerage giant tells Wall Street it will use artificial intelligence to reach clients it has never been able to serve — and turn the technology's perceived threat into a competitive edge.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline