Effective December 27, 2011, the Department of Labor (DOL) will impose new regulations to improve quality and access of investment advice for 401k and IRA participants.
This new regulation clarifies which type of retirement plan advisors will be permitted to give such advice. In an effort to minimize conflicts of interest, the DOL will allow advice to be given by retirement plan advisors who meet one of two requirements:
1. The fees they receive must not vary
2. The advice must be generated from a computer model that’s been verified as unbiased
The retirement plan market is currently served by two types of Financial Advisors:
Registered Representatives of a Broker/Dealer (commonly referred to as “brokers”) are paid commissions for retirement plans in the form of 12b1 fees from the investment options available for those plans. These fees and/or commissions vary from fund to fund creating a conflict of interest. Concern exists that if investment advice was to be given the participants could be led to the higher commission paying funds. Registered reps are held to a suitability standard.
Registered Investment Advisors (RIA’s) are paid a level fee as expressed as a percentage of assets under management and are paid directly from the plan assets, not the plan’s investment options. This eliminates ANY potential for conflicts of interest and paves the way for unbiased objective advice. RIA’s are held to a much higher fiduciary Standard.
Currently under the new regulation, only the RIA’s will be permitted to give investment advice to the plan participants. Advice given by brokers will be considered a “prohibited transaction” under ERISA and subject to fines and penalties from The DOL.
Now, plan providers such as Vanguard, Fidelity, Principal Financial and many others will be able to continue to offer their plan services and partner with qualified retirement plan advisors to offer advice to plan participants.
It is anticipated that small companies will be very interested in the bundled options of a 401k plan with advisory services as they seek simple solutions without having to deal with many different vendors.
Given the rise in participation of retirement plans, the retirement security of America’s workers will increasing depend on the strength of their investment decisions and the quality of advice they receive.