Not exact matches
President Donald Trump's
plan to review the Labor Department's
fiduciary rule may be good news
for Wall Street, but not
for hard - working Americans saving
for retirement.
If your longer - term
plans call
for creating a more official
fiduciary board, it makes a lot of sense to get your feet wet early on by creating a board like this.
We all need to take our
fiduciary responsibilities seriously, advising and
planning in an effort to ensure that each of our clients will be well cared
for financially.
For defined contribution
plans, however,
fiduciary misconduct need not threaten the entire
plan's solvency to reduce benefits below the amount that participants would otherwise receive.»
Work with an advisor who acts as a
fiduciary, to help create a
plan for your next moves when it comes to saving money, investing it and dealing with tax liabilities.
Titles: (1) Prohibited Transaction Exemption
for Principal Transactions in Certain Assets between Investment Advice
Fiduciaries and Employee Benefit
Plans and IRAs and (2) Final Investment Advice Regulation.
In addition, the Department revoked PTE 75 - 1, Part II (2), which had granted relief
for certain mutual fund purchases between
fiduciaries and
plans, and amended PTE 86 - 128 to provide similar relief, subject to the additional conditions of PTE 86 - 128, including the Impartial Conduct Standards.
Advisers who presently are
fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA -
plan context, because advisers who make recommendations to
plans and
plan participants regarding
plan assets, including recommendations on rollovers or distributions of
plan assets, are already subject to standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct Standards would be subject to claims
for civil liability under ERISA.
It also extends
for 60 days the applicability dates of the Best Interest Contract Exemption and the Class Exemption
for Principal Transactions in Certain Assets Between Investment Advice
Fiduciaries and Employee Benefit
Plans and IRAs.
The Class Exemption
for Principal Transactions in Certain Assets Between Investment Advice
Fiduciaries and Employee Benefit
Plans and IRAs (PTE 2016 - 02), is amended as follows:
As a
fiduciary to our clients, we provide the investment and technology solutions they need when
planning for their most important goals.
Paragraph (c)(1) requires a disclosure to be provided by a person to an independent
plan fiduciary in certain circumstances
for them to be deemed not to be an investment advice
fiduciary.
As amended, Section III of the PTE requires Financial Institutions to make certain disclosures to
plan fiduciaries and owners of managed IRAs in order to receive relief from ERISA's and the Code's prohibited transaction rules
for the receipt of commissions and to engage in transactions involving mutual fund shares.
The Department also believes that making the rule immediately effective will provide
plans,
plan fiduciaries,
plan participants and beneficiaries, IRAs, IRA owners, financial services providers and other affected service providers the level of certainty that the rule is final and not subject to further modification without additional public notice and comment that will allow them to immediately resume and / or complete preparations
for the provisions of the Rule and PTEs that will become applicable on June 9, 2017.
The piece claimed employers could fully outsource their
plan's hierarchy — and any personal liability
for failing to meet its
fiduciary responsibilities — to a MEP 401 (k) provider.
Betterment serves as a full -
plan fiduciary, and their robo solution essentially offers individually managed accounts
for each
plan participant.
These recommendations are
fiduciary advice even when the advisor does not otherwise have a relationship with the participant's 401 (k)
plan or pick investments
for the IRA.
A couple of weeks back, I found a Multiple - Employer 401 (k)
Plan (MEP) marketing piece by State Street Global Advisors (SSGA) that copied (without attribution) a 401 (k) plan fiduciary hierarchy I had created for a b
Plan (MEP) marketing piece by State Street Global Advisors (SSGA) that copied (without attribution) a 401 (k)
plan fiduciary hierarchy I had created for a b
plan fiduciary hierarchy I had created
for a blog.
Meanwhile, Timothy Hauser, COO
for DOL's Employee Benefits Security Administration, stated at a mid-July IMCA conference in Washington that DOL
plans to «push out» Q&A guidance «fairly shortly» to address questions about compliance with Labor's
fiduciary rule.
Chetney expects much of the demand
for the new Morningstar service will come from independent broker - dealers such as LPL, Commonwealth Financial Network and Cambridge Investment Research, which could mandate that their advisors use a third party to assume the
fiduciary responsibility
for defined contribution
plans.
«The flawed
fiduciary rule will make it harder
for low - and middle - income workers to save
for the future, limit the ability of individuals to receive basic financial advice, and jeopardize the creation of small business retirement
plans.»
Beginning early next year, Morningstar will offer a way
for broker - dealers to offload the
fiduciary responsibility of managing 401 (k)
plans, which is mandated by the DOL rule that starts to take effect in April.
Included in that list: Identify investor needs and put those goals first, which is what the DOL
fiduciary rule is about; develop and monitor a personal
plan for each client, help clients through major life changes and be transparent about fees and expenses.
But they currently exist
for the retirement
plans regulated by the DOL's 408 (b)(2) requirement of 2012, which mandated that certain
plan providers disclose compensation to
fiduciaries.
«Any recommendation that generates a fee
for the advisor... if you get compensation by virtue of the person leaving the money in the
plan and you are advising them to keep the money in the
plan, that's likely to be
fiduciary advice.»
Although they would not be a
fiduciary designing and overseeing a
plan's investment options, they could still be considered a
fiduciary for simply recommending that Morningstar do that job.
They want only advisors with expertise in retirement issues to act as
fiduciaries for 401 (k)
plans because of risk management issues
for the corporation, says Chetney.
Not understanding the differences between mutual funds and variable annuities can result in excessive 401k fees
for participants and
fiduciary liability
for sponsors — especially when a decision is made to move the
plan to a different provider.
Drew Carrington, head of Institutional Defined Contribution at Franklin Templeton Investments along with Michael Doshier, head of retirement marketing, examine the status of The Retirement Enhancement and Savings Act (RESA) and what it might mean
for both
plan sponsors and participants, and recap the latest court rulings impacting the Department of Labor's
Fiduciary Rule.
Wrap fees add an additional layer of fees a
plan fiduciary must consider when evaluating an insurance company's fees
for reasonableness — Directly invoiced fees and revenue sharing payments made by the underlying mutual funds may still apply.
The correct
fiduciary decision - making process
for selecting an investment under the Employee Retirement Income Security Act, or ERISA, is to investigate the particular investment in question so as to fully understand it and, based on the facts gathered, make a rationale decision as to whether it fits the role prescribed
for it in the
plan's investment portfolio.
The # 1 source of
fiduciary liability
for 401 (k)
plan sponsors today is paying excessive fees from
plan assets.
For plans with $ 1 million to under $ 10 million in assets, ICI found the fees to be smaller than what Employee
Fiduciary found — 1.65 %.
(Corrects to delete reference in 10th paragraph and footnote to U.S. Senator Orrin Hatch's position on Labor Department
plans to craft
fiduciary rules
for individual retirement accounts.)
The DOL proposal does not establish a uniform
fiduciary standard
for all retirement
plan financial advisors.
Either choose an all index fund lineup
for your 401 (k)
plan - like the Federal Thrift Savings Plan (TSP)-- or delegate your investment fiduciary responsibilities to a professional 3 (38) Investment Mana
plan - like the Federal Thrift Savings
Plan (TSP)-- or delegate your investment fiduciary responsibilities to a professional 3 (38) Investment Mana
Plan (TSP)-- or delegate your investment
fiduciary responsibilities to a professional 3 (38) Investment Manager.
In addition, hedge fund strategies can be exceedingly complex, and the lawsuit says, a prudent
fiduciary must be capable of understanding the strategy in order to evaluate whether it is appropriate
for investment of retirement
plan assets.
401 (k)
plan (better
for larger companies given setup costs, administration,
fiduciary responsibilities, etc..)
Yet, when
plan sponsors are held accountable, as
fiduciaries,
for the investment choices provided in defined contribution
plans, these non-fiduciary consultants are rarely liable.
As
for his own king - size national financial
planning practice, with $ 16 billion in AUM, Edelman is vigorously recruiting advisors seeking to join a big RIA that has indeed successfully established itself as abiding by the
fiduciary standard.
Nancy Smith, executive vice president and corporate secretary at AARP, said on a conference panel with Hauser that AARP will not only continue to advocate
for the
fiduciary rule but
plans to assemble some members to act as «mystery shoppers» to see if advisors are complying.
The Department of Labor's
fiduciary standard rule
for advisors who serve up retirement -
plan advice is here, all right.
Marilyn Mohrman - Gillis, executive director of the Certified Financial Planner Board of Standards» Center
for Financial
Planning and head of public policy, noted on a panel discussion moderated by Borzi that DOL's
fiduciary rule will «hopefully [be] the tip of the iceberg to push other rules and regulations to protect investors.»
The Financial
Planning Coalition — comprising the Certified Financial Planner Board of Standards, the Financial
Planning Association and the National Association of Personal Financial Advisors — filed an amicus brief Thursday in the U.S. District Court
for the Northern District of Texas, in support of DOL's
fiduciary rule and opposing efforts to stop the rule from taking effect.
The DOL
fiduciary rule has provided an impetus
for change in much of the financial
planning world — and the variable annuity marketplace is one area that may be evolving in such a way that the new fee - based products may actually add value
for clients who are interested in variable products.
Critics of the Labor Department's rule have argued that requiring advisors to serve as
fiduciaries to the small and midsize
plan market will negatively affect access to 401 (k)
plans at a time when policymakers at the federal and state level are crafting and passing legislation intended to broaden access to retirement savings
for employees of small employers.
«While the Financial
Planning Coalition takes no view on a rule that has yet to be proposed, we believe that the DOL should be allowed to proceed with its
fiduciary rulemaking process, including issuing a draft rule
for public comment.»
The federal judge overseeing the case in Texas against the Department of Labor's
fiduciary rule on Wednesday denied considering all but two of the eight amicus briefs filed in the court, allowing only the briefs filed by the Financial
Planning Coalition and the American Association
for Justice.
The «Street» in CitiStreet dates back to the mid-1970s, offering recordkeeping,
fiduciary, investment - management, and communications services
for a variety of
plans.
For advisors holding themselves out as providers of
fiduciary advice to
plan participants, the DOL Rollover Opinion provides that they can not capture rollover assets from this client base.