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aims to assure industry rule will be 'much more informed' than last attempt, which faced fierce protest and was withdrawn in 2011.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Markets Summit in Washington, he said his agency has responded to criticisms of the original proposal, which was withdrawn in 2011 after a firestorm of protest from the financial services sector.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

The power of cultivating personal connections
The power of cultivating personal connections

Relationships are key to our business but advisors are often slow to engage in specific activities designed to foster them.

A variety of succession options
A variety of succession options

Whichever path you go down, act now while you're still in control.

'I’ll never recommend bitcoin,' advisor insists
'I’ll never recommend bitcoin,' advisor insists

Pro-bitcoin professionals, however, say the cryptocurrency has ushered in change.

LPL raises target for advisors’ bonuses for first time in a decade
LPL raises target for advisors’ bonuses for first time in a decade

“LPL has evolved significantly over the last decade and still wants to scale up,” says one industry executive.

What do older Americans have to say about long-term care?
What do older Americans have to say about long-term care?

Survey findings from the Nationwide Retirement Institute offers pearls of planning wisdom from 60- to 65-year-olds, as well as insights into concerns.

SPONSORED The future of prospecting: Say goodbye to cold calls and hello to smart connections

Streamline your outreach with Aidentified's AI-driven solutions

SPONSORED A bumpy start to autumn but more positives ahead

This season’s market volatility: Positioning for rate relief, income growth and the AI rebound