Starting Sept. 23, there is good news for savers who want a fair shake when looking for investment advice. Let's hope that the new Department of Labor rules are here to stay.

 

If the DOLs are enacted, more professionals than ever before will be required to act as fiduciaries when clients pay them for investment advice on Individual Retirement Accounts IRA). This will add another level of protection to an instrument that for many represents a lifetime of retirement savings.

 

What, you might ask, is a fiduciary? It is someone responsible for managing money or property for someone, who must put that client's interests ahead of their own. Such a person (or organization) is legally and ethically obligated to act in the best interests of another person or entity.

 

Many people fail to understand that the rules governing financial professionals vary, depending on where they work and what products they sell. They just assume that a 'trusted adviser' is just that. The goal of the legislation is to minimize conflicts of interest and to end the practice of selling goods and services that simply line the pockets of the seller at the expense of the buyer. Through the years, I have seen this done more times than I care to count with upper management in many Wall Street firms encouraging the practice and rewarding the perpetrators with fat bonuses.

 

In my own career, there were times that I was not required to act as a fiduciary, but I adhered to the letter of the law anyway. As a registered investment adviser at my former firm, Berkshire Money Management, it was a requirement. In my opinion, the financial services business is built on trust and anything that furthers that goal makes absolute sense to me.

 

This is not the first time that the DOL has attempted to update ERISA, the federal retirement law that was first enacted in 1974. That law governs the gambit of retirement savings vehicles.  For more than a decade, the financial services sector has managed to delay or remove legislation through three successive administrations. I recall writing about this back in the Obama administration in 2016 when stringent rules appeared to be on the verge of implementation, only to be tossed out by the Trump administration two years later.

 

This time around some of the loopholes in the existing rules have been addressed. In the past, for example, before being deemed a fiduciary, a financial professional had to meet a five-part test. One part of that test stated that advice must be given regularly. If a recommendation was only given one-time, as in the sale of an annuity or advice on what to do with the lump sum rollover of a 401(k) at retirement into an IRA, then the fiduciary rule did not apply. It may not sound like much of a difference, but the rollover market alone was worth almost $1 trillion last year.

 

The new rules would also include just about all financial professionals and the products they sell. Stockbrokers and insurance brokers would join the ranks of investment managers required to act as fiduciaries. It would also cast a wide net of product offerings, everything from stocks, bonds, mutual funds, annuities, and other insurance products, even illiquid real estate investments.

 

To screen for conflicts of interest among products and people, financial professionals would be required to have "policies and procedures in place to manage conflicts of interest and ensure providers follow these guidelines." 

 

I have long been an advocate of requiring the entire financial services industry to embrace the role of fiduciary in all their dealings with the public. However, that has not been the case thus far within the industry. This time around, I am hoping the new rules will stick, but I have also learned not to underestimate the financial services sector's lobbying power.

 

Bill Schmick is the founding partner of Onota Partners, Inc., in the Berkshires. His forecasts and opinions are purely his own and do not necessarily represent the views of Onota Partners Inc. (OPI). None of his commentary is or should be considered investment advice. Direct your inquiries to Bill at 1-413-347-2401 or email him at bill@schmicksretiredinvestor.com.