Labor Department issues rule to crack down on bad retirement savings advice

The U.S. Department of Labor recently introduced a regulation to enhance the standards of investment advice provided to individuals saving for retirement.

This move is a continuation of efforts by previous administrations to address conflicts of interest that can arise in this area.

The new “fiduciary” rule requires those providing retirement advice, such as brokers, advisors, and insurance agents, to act in the best interests of their clients.

This means they must prioritize prudent investments, ensure loyalty, maintain truthfulness, and charge reasonable fees.

The regulation targets two common practices: rollovers from 401(k) plans to IRAs and purchases of annuities.

In these cases, individuals can be exposed to advice that benefits the financial professional over the client’s financial well-being.

The rule’s implementation has two phases.

Starting in September 2023, financial professionals must acknowledge their fiduciary duty and adhere to impartial conduct standards.

A year later, further provisions will take effect.

The Labor Department believes current regulations do not sufficiently protect retirement savers, as they allow conflicts of interest and do not mandate a duty to prioritize client interests.

The rule aims to address these deficiencies.

However, industry groups argue against the necessity of the regulation, claiming it could harm retirement savers by limiting access to professional financial guidance.

They emphasize the existence of existing consumer protections through the Securities and Exchange Commission and the National Association of Insurance Commissioners.

The Labor Department maintains that the rule differs from previous iterations and is designed to strike a balance between protecting investors and minimizing any undue burden on the financial industry.