When my daughter and I were at the Women’s March, I saw a number of signs saying I can’t believe I’m still protesting this sh*t (and they didn’t have an asterisk). I feel that way too, and I also feel that way concerning the fiduciary rule for retirement accounts. In fact, I can’t believe we’ve EVER needed to discuss this. The fiduciary rule was set to go into effect on April 10th of this year, but the so-called current administration has issued an executive order on February 3 delaying the order until—who knows?
What’s fiduciary?
The fiduciary rule is simply a requirement that your financial advisor–fee-only, fee-based, hourly fee, commissioned, or maybe roboadvisor (although that’s not quite clear)—be legally obligated to act in your best interest. How on earth is this even controversial? You’re paying for advice one way or the other and the advisor is allowed to act in their own best interests? And keep in mind that this fiduciary rule only applies to retirement accounts. Even so, the brokerage industry has fought it tooth and nail. They claim this rule will squeeze out the little investor who won’t be able to get advice. Give me a break—there’s plenty of fee-only advisors, many hourly, and (shudder) you can get some advice from the robos. At least they won’t skin you alive.
For eons now the SEC has been debating whether and how to employ the fiduciary standard for other investment accounts, and it looks like they’ll now be dithering until your children age into dental implants. Most people believe that any advisor they see is acting in the clients’ interest. Most people are wrong. So let’s take it from the top, yet again.
Difference between best interest and appropriate
Investment sales people (brokerages, bank investment departments, stock mongers, whatever) are only obligated to peddle something to you that’s appropriate for you, and boy, is that broadly defined. So, if it’s appropriate for you to be invested in the S&P 500, you can bet that you will be in the S&P fund that pays the highest commission to the broker, or that the brokerage pitches. I have never yet seen a broker-designed portfolio that included low-cost or no-load mutual funds, because even if those are in your best interests, they’re not in the broker’s best interest because they aren’t going to make any money from those funds.
How to get skinned alive
It can be even worse, depending on what you’ve blurted out to your broker. Before I ever became a financial advisor, my dad used a broker to invest his retirement savings. He adored T., who called him every few days—more than I did, as my dad liked to point out. He had told T. how he needed safety, but how he also wanted the most income possible. Dad had no idea that these were mutually contradictory statements. BTW, if you don’t know why, call me and I’ll explain. Since T. the broker had two options here, guess which one he took? The one that made T. the most money, which was selling my dad a whole raft of junk bonds—high income—which mostly went belly up, losing my 90-something father around $300,000 if my calculations were correct when I finally looked at what was going on in 2007. T. eventually exited the brokerage firm and dad was upset not because he’d lost so much money, but because T. didn’t call anymore; I have a sneaky suspicion it had nothing to do with ethics, sadly. My guess is he didn’t make his quota.
Despite all the firepower the brokerage industry could muster and all the rending of expensive business suits, the rule at best only applied to retirement accounts, which are presumably needy of more protection because—the only money the little guy has? A potential future burden on government support? Because people who have money in other accounts are sophisticated investors? Where’s my emoticon (dog running in circles) when I need one?
What, me worry?
I just saw an article where it was claimed that, well, not to worry. Since, the article argues, the brokerage industry has already moved toward the fiduciary standard for retirement accounts, they’ll do it anyway. With all due respect, I need that emoticon right away. I’ve noticed that when it comes to fleecing the consumer making the most money possible, or being freed from regulation, the brokerage and banking industry can move with lightning speed to change their policies, whereas when something is designed to protect the consumer, implementation will be as slow as regulators will allow. No regulators, no regulation. And please don’t tell me your broker is a nice guy and wouldn’t do that. I have some inherited very attractive “hi-yield” bond certificates I’d be happy to sell you.
Know what you’re getting
Really, with this new change, you have no hope but yourself (which is actually all you’ve got right now). How do you know you’re getting fiduciary advice? Ask you advisor to sign a statement, or review their registration brochure. Does it specify fiduciary? For all advice? Is there any mention on their website about being a member of SIPC ? (look in the tiniest print on the page, near the bottom)—that’s a broker. Next, look at what kind of investments they’re recommending. Are they no-load mutual funds? If not, why not?
I am a fiduciary. I’ll be happy to detail what investments I’m recommending, why, and exactly how I get paid. They’ll be in your best interests. Accept no less.