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ECONOMIC REPORT OF THE PRESIDENT

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Table 6-i<br />

Sources of Investment Advice<br />

Adviser Description Legal Standard<br />

Registered<br />

Investment<br />

Advisers (RIAs)<br />

Broker Dealers<br />

(brokers)<br />

Other Potential<br />

Sources<br />

Receives compensation in exchange<br />

for giving investment advice. May also<br />

manage a portfolio for clients.<br />

Makes trades for a fee or commission.<br />

A broker makes trades for a client’s<br />

account, while a dealer makes trades<br />

for his or her own account.<br />

Examples include friends, family,<br />

bankers, insurance agents,<br />

accountants, and lawyers.<br />

Fiduciary duty to client,<br />

including a duty of<br />

loyalty and a duty of<br />

care. Must serve the<br />

best interest of the<br />

client.<br />

Recommendations must<br />

be suitable for a client’s<br />

investment profile<br />

taking into account<br />

factors such as age,<br />

income, net worth, and<br />

investment goals.<br />

Standards vary.<br />

A substantial body of academic literature shows that conflicted<br />

advice leads to lower investment returns.1 In previous work, CEA estimated<br />

that savers receiving conflicted advice earn returns roughly one<br />

percentage point lower than they would have otherwise and these losses<br />

amounted to $17 billion annually.2<br />

The Employee Retirement Income Security Act (ERISA), enacted<br />

in 1974, regulates the provision of financial advice to retirement investors.<br />

Prior to the finalization of the new rule in 2016, the rules governing<br />

retirement advice had not changed meaningfully since 1975 despite the<br />

significant changes in the retirement savings marketplace. Starting in<br />

2009, DOL started a reform effort to combat the problems stemming<br />

from conflicted investment advice. It proposed a new fiduciary rule in<br />

2015, and after receiving stakeholder comment, adopted a revised rule<br />

in April 2016.<br />

In its new rule, the DOL extends the fiduciary duty broadly to<br />

financial professionals giving investment advice for retirement plans<br />

subject to ERISA, including broker-dealers. The new rule requires that<br />

financial advisors who receive commissions and other transaction-based<br />

payments provide advice that is in the best interest of the client and commit<br />

to a set of policies and procedures that ensures that the advisor meets<br />

this standard. The intent of the rule is to protect retirement investors and<br />

ensure that the advice they receive is in their best interest. Though this<br />

1 See, among others, Bergstresser, Chalmers, and Tufano (2009), Del Guercio and Reuter<br />

(2014), and Christofferson, Evans, and Musto (2013).<br />

2 For more information on the costs of conflicted investment advice, see CEA’s (2015a)<br />

report “The Effects of Conflicted Investment Advice on Retirement Savings.”<br />

Strengthening the Financial System | 411

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