DOL chief Perez says new fiduciary rule will distinguish between investor education and investment advice

DOL chief Perez says new fiduciary rule will distinguish between investor education and investment advice
Labor Secretary aims to assure industry rule will be 'much more informed' than last attempt, which faced fierce protest and was withdrawn in 2011.
MAR 27, 2015
Department of Labor Secretary Thomas Perez tried to temper backlash by the financial industry about a pending rule to raise standards for retirement advice, saying Wednesday he is listening to all parties' concerns. In an address before the U.S. Chamber of Commerce's Capital Markets Summit in Washington, he said his agency has responded to criticisms of the original proposal, which was withdrawn in 2011 after a firestorm of protest from the financial services sector. The rule, which would require brokers handling 401(k) and individual retirement accounts to act in the best interest of their clients, is under review at the Office of Management and Budget. The DOL is expected to release it for public comment later this spring. Mr. Perez said the rule would not ban commissions, would contain a “robust economic analysis” justifying the need for the measure and would draw a clear line between investor education and investment advice. “We have a much more informed proposed rule to put out,” Mr. Perez said. The regulation will contain so-called prohibited transaction exemptions that would OK certain conflicts, which in addition to commissions might include revenue sharing. “The prohibited transaction exemption scheme is really a key to making this rule work,” Mr. Perez said. “I will be able to cite you chapter and verse to address the concerns that folks raised.” In a recent report, the Chamber asserted that such exemptions are unwieldy and rarely cover all possible circumstances. David Hirschmann, president and chief executive of the Chamber's Center for Capital Markets Competitiveness, voiced another industry concern, questioning Mr. Perez about whether the rule would raise broker regulatory and liability costs to the point they are driven out of the advice market for middle-income investors. “We have a shared interest in making sure that all savers can get access to advice,” Mr. Perez responded. “I'm confident that the proposed rule that we have put in place can preserve that.” The DOL asserts that the rule will protect retirees and workers from conflicted advice as they build their nest eggs. Currently, investment advisers work under a best-interest standard. Brokers meet a less-stringent bar that requires their investment-product recommendations to be suitable for clients, even if they carry higher fees than other available options. Mr. Perez said he has heard from many financial officials that their firm puts their customers first because it's good for business. “Then this compliance will be readily attained,” Mr. Perez said he tells them.

Latest News

Inflation, healthcare costs drive retiree financial stress, Cerulli research shows
Inflation, healthcare costs drive retiree financial stress, Cerulli research shows

Retirees without an updated plan report nearly 70% moderate-to-high stress – and advisors have room to close the gap.

August is Make-A-Will Month: Are your clients as covered as they think?
August is Make-A-Will Month: Are your clients as covered as they think?

With one estimate pointing to just a quarter of American adults having a will in place, advisors have an opportunity to audit their books for painful probate court processes just waiting to happen.

Advisor moves: LPL, Raymond James land advisors with $590M in combined assets
Advisor moves: LPL, Raymond James land advisors with $590M in combined assets

Advisors previously with UBS, Edward Jones head for new firms.

Retirement: 401(k) balances rebound as participant engagement holds firm
Retirement: 401(k) balances rebound as participant engagement holds firm

Principal Financial Group’s Teresa Hassara shares data showing account balances rising and Roth adoption accelerating.

Independent contractor formerly associated with MML Investors Services charged with running Ponzi
Independent contractor formerly associated with MML Investors Services charged with running Ponzi

Trevor Uhls was charged with wire fraud and money laundering in a criminal complaint filed in U.S. District Court for the Western District of Missouri.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income