Our country has a saving problem. In 2015,
the GAO found that 29 percent of Americans 55 and older have no
retirement savings and no traditional pension. In fact, today, nearly 40
million working families haven’t saved a dime for retirement. Reliable
access to affordable and accurate financial advice is more important now
than ever with a larger portion of our population reaching retirement
age every day.
As I’ve noted several times before, the Obama administration’s
Department of Labor (DOL) put forward a flawed regulatory proposal known
as the “Fiduciary Rule” in 2015, despite vocal, bipartisan opposition.
According to the American Action Forum, the fiduciary rule was the most
expensive regulatory action of 2016 and will impose more than $46
billion in costs on retirement savers. Our oversight exposed this rule
could cause the individuals who are in the most need of sound financial
advice to lose access to trusted financial advisors; it could raise the
cost of receiving financial advice; and it could lead to fewer small
businesses offering retirement plans. Don’t just take my word for it:
just last month, former Treasury Secretary Jack Lew was quoted saying
that the fiduciary rule may result in “pricing smaller investors out of
the financial advice market.”
It is imperative that we root out bad actors in the financial industry
and strengthen protections for those saving for retirement, but I
believe we can do so in a commonsense way. That’s why this week the
House Committee on Education and the Workforce marked up H.R. 2823, the
Affordable Retirement Advice for Savers Act, my legislation to replace
the flawed fiduciary rule with workable, enhanced protections for
retirement savers. It would do this by raising the bar for the
retirement services industry by requiring retirement advisors to serve
in their clients’ best interests. The bill also penalizes financial
professionals who violate the trust of their clients; requires advisors
to clearly communicate key information to ensure investors are
well-informed; and ensures individuals and families saving for
retirement have access to advice and investment options that meet their
needs and particular circumstances.
Some have said there’s no need for action because some brokerage firms
have said that they will continue being able to service accounts under
the rule. No one doubts that investment advice will continue for large
accounts and wealthy individuals, but who will give advice to an
individual who is setting up an IRA for the first time if advice is
moved to fee-based advisory accounts? One or two percent of $2,000
dollars is not sufficient incentive for an advisor to service an account
when their risk has substantially increased. Advice for the wealthy will
continue, but the message this rule sends to small businesses and small
investors is simple: you’re on your own. So the very people the DOL
claimed to want to help are the people who are losing access to advice.
We aren’t going to get out of our retirement crisis by leaving savers to
fend for themselves. I am proud to work with Chairwoman Virginia Foxx
and the House Committee on Education and the Workforce on this very
important piece of legislation that will help ensure all Americans have
access to affordable retirement advice.
As always, feel free to contact my office if I can be of assistance to
you or your family.
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