For 8 years as Assistant Secretary of EBSA, Phyllis Borzi fought vigorously to protect plan sponsors and retirement savers under the uniform fiduciary umbrella. Here, she answers questions about the past, present and future of the Fiduciary Rule.
Basic Members
Policy incentives, fiduciary confusion, and the fee disclosure shell game.
Are LPOAs enough to end the confusion? Maybe not. But they do provide the legal basis for which one can substantiate the reality of a fiduciary relationship.
The definition of “conflict-of-interest” has become so broadly defined as to render it useless. It’s better to focus on the one conflict-of-interest that, with very limited exceptions, fiduciaries have had to outright ban for centuries. Ironically, in contrast to this precedent, it remains the one conflict-of-interest the DOL expressly permits.
The controversial and decidedly partisan report not only took aim at the policies of the current administration, it entered into the passive/active debate by solely targeting actively managed funds. Worse, the report reveals a rather naïve understanding of mutual funds and investing.
SEC punts fiduciary, fees aren’t everything, and old time investing.
One of the nation’s top ERISA attorneys tells us even if the Fiduciary Duty is dead, it’s not. The only question is which part will remain alive and which part with wither on the vine. Fred Reish has an idea, and he tells us here.
FiduciaryNews.com Trending Topics for ERISA Plan Sponsors: Week Ending 5/18/18
Fiduciary c’mon man, fee disclosure flop, and back to the old investment game.