Lawmakers in Washington are discussing scrapping the conflicted-advice
provision of the 401(k) Fair Disclosure and Pension Security Act of 2009, a move
that would be welcomed by many in the financial services industry.
The advice provision of the bill, which was approved by House Education and
Labor Committee in June, would have allowed only independent advisors to work
with 401(k) plans.
Currently, the majority of 401(k) providers offer advice to participants in
accordance with the Department of Labor’s 2001 SunAmerica advisory opinion,
which allows providers to offer advice through an affiliate using an
independently developed computer model.
“The advice bill cast a cloud over every product on the market today,” said
Ed Ferrigno, vice president of Washington affairs at the Profit Sharing/401(k)
Council of America. “This would be very good news for the entire industry.”
During a House Ways and Means Committee hearing in October, Rep. Earl
Pomeroy, D-North Dakota, slammed the advice portion of the bill, saying it would
“have the impact of reducing independent advice that’s presently available.”
Now members of the House Ways and Means and Education and Labor committees
are discussing taking the advice part out of the bill. The legislators will most
likely leave in proposals that would require greater 401(k) fee disclosure,
according to people familiar with the situation.
Aaron Albright, a spokesman for the House Education and Labor Committee, said
no decisions had been made yet. Lauren Bloomberg, a Ways and Means Committee
spokeswoman, didn’t return a call for comment by deadline.
The 401(k) Fair Disclosure and Pension Security Act of 2009 is sponsored by
House and Education Committee Chairman George Miller, D-California, and Rep. Rob
Andrews, D-New Jersey.
Filed by Jessica Toonkel Marquez of
InvestmentNews, a sister
publication of Workforce
Management