25 April 2024

Fiduciary Rule Under Review: What Happens Next?

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President Donald Trump’s move to roll back an Obama-era retirement-savings rule leaves many retirement investors wondering what the action means for their nest eggs. The so-called fiduciary rule, which was unveiled by the Labor Department last spring and is due to take effect in April, aims to hold brokers and financial advisers who work with tax-advantaged retirement savings to a fiduciary standard as opposed to the previous suitability standard.

Under the fiduciary standard, advisers overseeing about $3 trillion in U.S. retirement savings would be required to work in their clients’ best interest and generally avoid the conflicts that can arise with commission-based compensation.

Here are answers to questions that individual investors may be asking:

*Where does the rule stand now? 

For now, the fiduciary rule is under review and possibly won’t take effect, at least as originally planned, in April. Mr. Trump, in a memorandum, directed the Labor Department to study the rule’s impact and rescind or revise it if it isn’t consistent with administration’s regulatory principles, which were laid out in a separate executive order, that “empower Americans to make independent financial decisions and informed choices in the market place, save for retirement, and build individual wealth.”

*What does the rule mean for retirement savers? 

It depends upon whom you ask.

Proponents of the rule say it would eliminate incentives that led brokers to give conflicted advice. The Obama administration has said such conflicted advice costs American families $17 billion a year and pushes down annual returns on their retirement savings by a percentage point.

Many financial-industry leaders have said those figures are inflated. Consultancy AT Kearney projected that the rule would result inasmuch as $20 billion in lost revenue for the industry, about 7% of total revenue in 2015.

Brokers who work under the suitability standard are required to make recommendations that are suitable for their clients, not those that are in their best interest. Some brokers make recommendations that pay them the biggest commissions rather than those that are best for their clients, proponents of the rule say.

But some believe the rule would prove harmful to retirement investors with small accounts.

“It risks reducing access to advice and has an infantilizing view of American investors,” says Thaya Brook Knight, associate director of financial regulation studies at the Cato Institute, a libertarian think tank. “The biggest risk is that the cost of compliance in particular for a broker who typically works on commission would be so great that they would just stop offering advice” to retirement savers without large accounts, she says.

Investors are capable of understanding the conflicts brokers face, Ms. Brook Knight says.

*Would the rule’s delay or death mean the end to the fiduciary standard? 

Not likely.

Over the past few years, more financial advisers have voluntarily adopted fee-only compensation models—for example, charging a percentage of a clients’ assets under management—rather than accepting commissions.

Many brokerage firms also see benefits in embracing the fiduciary model and are moving in that direction. In preparation for the fiduciary rule’s implementation, many brokerages have made changes to fee structures and spent millions of dollars to comply. Many say they will continue to move forward with embracing the fiduciary standard regardless of what happens going forward.

Merrill Lynch, which has more than $2 trillion in client assets, has said it would end commission-based retirement accounts and charge a fee based on a percentage of assets even if the rule doesn’t survive.

Other brokerages, such as Morgan Stanley, Wells Fargo & Co. and LPL Financial Holdings Inc., haven’t eliminated commissions as an option for retirement savers, but they are moving ahead with other changes. Morgan Stanley has told its brokers it will move ahead with changes to product pricing, such as lowering the price of commissions tied to stocks and exchange-traded funds. Wells Fargo plans to go forward with heightened oversight of retirement accounts, people familiar with the bank’s strategy previously said. And LPL has implemented lower account minimums on fee-based accounts and other pricing changes.

*How can investors protect themselves without a fiduciary rule? 

Investors should ask if their adviser is a fiduciary, required by law to act in their best interest. All registered investment advisers, who charge fees for their advice, are fiduciaries.

“The single most important thing investors can and should do if [the rule] is repealed is make sure they’re getting their advice from a fiduciary adviser, and not a salesperson masquerading as a financial adviser,” says Barbara Roper, director of investor protection at the Consumer Federation of America. “It’s really hard to do because they all market themselves as financial advisers; legally, they are salespersons, and they are fighting very hard for their right to profit at their customers’ expense.”

Additionally, investors should ask their advisers how they are paid, Ms. Roper says. She suggests asking whether advisers get paid more to recommend some products rather than others, why they believe a certain investment option is best and whether it is in the clients’ best interest.

“Try on an individual level to re-create the protections that the regulation would have put in place,” she says. “Or you can go to a firm that says they’re moving forward with putting in place a fiduciary standard and reward them.”

*What effect would the death of the fiduciary rule have on so-called robo advisers and low-cost funds? 

Many advisory firms are still rolling out robo advisers, which were meant, in part, to help comply with the rule and to offer small retirement savers access to cheap investment advice. That trend is expected to continue with or without a required fiduciary standard for those who advise on retirement assets.

Investors should also expect continued adoption of low-cost index-based exchange-traded funds and mutual funds even if the fiduciary rule is halted or delayed, says Todd Rosenbluth, director of ETF and mutual-fund research at CFRA, a financial data and analysis provider.

Click here for the original article from Wall Street Journal.

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