United States Department of Labor
Employee Benefits Security Administration
Fact Sheet
Department of Labor Finalizes Rule to Address Conflicts of
Interest in Retirement Advice, Saving Middle Class Families
Billions of Dollars Every Year.
U.S. Department of Labor
Employee Benefits Security Administration
I. Summary
Since 1974, when Congress enacted the Employee Retirement Income Security Act (ERISA), the Department of Labor ('DOL' or 'Department') has worked to protect America's tax preferred retirement savings. In the ensuing decades, there has been a dramatic shift in the retirement savings marketplace from employer sponsored defined benefit plans to participant directed
401(k) plans, coupled with the widespread growth in assets in Individual Retirement Accounts and Annuities (IRAs). When the basic rules governing retirement investment advice were created in 1975, 401(k) plans did not exist and IRAs had just been authorized. These rules have not been meaningfully changed since 1975.
The changes in the retirement landscape over the last 40 years have increased the importance of sound investment advice for workers and their families. While many advisers do act in their customers' best interest, not everyone is legally obligated to do so. Many investment professionals, consultants, brokers, insurance agents and other advisers operate within compensation structures that are misaligned with their customers' interests and often create strong incentives to steer customers into particular investment products. These conflicts of interest do not always have to be disclosed and advisers have limited liability under federal pension law for any harms resulting from the advice they provide to plan sponsors and retirement investors. These harms include the loss of billions of dollars a year for retirement investors in the form of eroded plan and IRA investment results, often after rollovers out of ERISA protected plans and into IRAs.
The Department's conflict of interest final rule and related exemptions will protect investors by requiring all who provide retirement investment advice to plans and IRAs to abide by a "fiduciary" standard—putting their clients'
best interest before their own profits. This final rulemaking fulfills the Department's mission to protect, educate, and empower retirement investors as they face important choices in saving for retirement in their IRAs and employee benefit plans.
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