Last week, House lawmakers passed a bill that threw consumers under the bus. The Financial Choice Act would gut the Dodd-Frank financial reform legislation of 2010 by giving the president the power to fire the heads of the Consumer Financial Protection Bureau (CFPB) and the Federal Housing Finance Agency (FHFA), which oversees Fannie Mae and Freddie Mac, at any time for any -- or no -- reason. It would also provide Congress with sweeping power over the CFPB's budget, which means that lawmakers could defund the agency entirely. That’s a shame, because in the six years since the CFPB was established, it has provided nearly $12 billion in relief for more than 29 million consumers. The CFPB was created out of Dodd Frank in order to create a single point of accountability for enforcing federal consumer financial laws and protecting consumers in the financial marketplace. The agency’s main goals are to:
Fiduciary Under Fire
Shame Definition, according to Merriam-Webster:
- a : a painful emotion caused by consciousness of guilt, shortcoming, or impropriety b : the susceptibility to such emotion <have you no shame?>
- 2: a condition of humiliating disgrace or disrepute : ignominy <the shame of being arrested>
- 3a : something that brings censure or reproach; also : something to be regretted : pity <it's a shame you can't go>b : a cause of feeling shame
#264 Fiduciary: The F-Bomb About to Hit Retirement Plans
As the Department of Labor prepares to roll out new rules, which would require investment companies, brokers and advisors to put the interest of retirement savers first, our guest Ray Ferrara, former Chair of the CFP Board, joins us to discuss the fiduciary standard and why the financial services industry should embrace, not fight it. Ray has been one of the key players involved in the national debate surrounding the rules that should govern financial advice and was one of the experts who testified before The Employee Benefits Security Administration, the DOL division responsible for spearheading the change. We began the conversation with an explanation of the proposal, which would require that retirement investment professionals not only be held to a higher standard of putting clients first, but they would also have to fully disclose and eliminate conflicts of interest that exist.
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The Financial Planning Coalition, a collaboration of the Certified Financial Planner Board of Standards (CFP Board), the Financial Planning Association (FPA) and the National Association of Personal Financial Advisors (NAPFA), strongly supports the DOL’s proposed rule and notes:
"Retirement investors face a perfect storm in the financial services marketplace. With ever-increasing responsibility for their own retirements and the need to choose from an increasingly complex set of financial products and services, retirement investors more than ever need competent financial advice that is in their best interest. Yet the current regulatory framework allows advisers’ interests to be misaligned with the interests of retirement investors; it does not require advisers to clearly and openly disclose the standard of conduct under which they operate or their actual or potential conflicts of interest; and it permits market practices under which retirement investors are simply unable to distinguish advisers who provide fiduciary-level services from those who do not."
This rule could be a game-changer for the industry. No longer will companies be able to sell opaque, expensive products that once were deemed "suitable" but will not pass the fiduciary smell test. And if you hear complaints from the industry, saying that the rule will mean that they will no longer be able to serve the middle class, I say, THANK GOODNESS! That means that they can no longer peddle their expensive, clunky products, like variable annuities or non-traded real estate investment trusts. And if they choose to raise minimums or fees, consumers have plenty of choices, like services offered by Betterment or Rebalance-IRA, which offer ease and simplicity at a fraction of the cost that those big firms charge.
Thanks to everyone who participated this week, especially Mark, the Best Producer in the World. Here's how to contact us:
- Call 855-411-JILL and we'll schedule time to get you on the show LIVE
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Financial Thanksgiving 2015
Thanksgiving is a time when we count our blessings. In addition to the big stuff, I like to use the opportunity to give thanks to the resources and organizations that improve our financial lives. The Financial Planning Coalition, a collaboration of the Certified Financial Planner Board of Standards (CFP Board), the Financial Planning Association (FPA), and the National Association of Personal Financial Advisors (NAPFA) has provided a strong and unified voice promoting the recognition and regulation of financial planners and increased investor protection. The big task that the Coalition has been trying to tackle is to educate policymakers and consumers about the importance of advice that is in the best interest of the client—the so-called fiduciary standard.
The coalition’s tireless efforts may soon pay off…next on my list of thanks goes to the United States Department of Labor, which is expected to finalize rules that would require financial advisors of all retirement accounts to put customers first. Although the industry has fought hard to thwart the initiative, most believe that it will survive. Its enactment would amount to the biggest changes to the Employee Retirement Income Security Act (ERISA) since that law was drafted more than 40 years ago.
Thanks too must go to technology, which has greatly enhanced the ability to better manage personal finances. Mint, You Need A Budget (YNAB) are among the many free apps that help you keep track of your money, while Acorns and Level Money help you budget and then find even the smallest dollars that you can save or invest.
And a tip of the hat goes to the innovators of financial technology, like the folks at Betterment, Wealthfront, Motif investing and MarketRiders, who have introduced a cost efficient way for investors to better allocate and manage their investments and retirement accounts.
There are also plenty of terrific tools available to help people with their financial lives. The EBRI Choose to Save Ballpark Estimate is an easy to use calculator to help quantify retirement savings needs, FinAid is the go-to site for students and their families to help understand the various ways to pay for college; and LifeHappens helps families understand their life and disability insurance needs.
I am often asked about which financial blogs that I use to augment the multitude of publications that I need to do my job. I am thankful for the terrific work of Bill McBride of the Calculated Risk blog. In addition to his wise insights about the housing market, Bill has a wonderful way of providing much need context to a world of economic numbers. I am also grateful for Barry Ritholtz’ “The Big Picture”, with its great mix of information, humor and a healthy dose of skepticism. Although a bit wonkier, I always learn from economics professors James D. Hamilton and Menzie Chinn, who are the brains behind Econbrowser and Mark Thoma of Economist’s View.
What would I do without economic resources, like the Federal Reserve Bank of St. Louis’s Reserve Bank FRED blog, with its nifty charting features; the Federal Reserve Bank of New York’s research on Household Credit; the Bureau of Labor Statistics’ historic databases; the Bureau of Economic Analysis’ interactive data; and the IRS’ rich web site? The people at these organizations have also been incredibly generous with me.
On the research front, the folks at Pew Research Center, the Center for Retirement Research at Boston College and the Georgetown Center on Education and the Workforce are producing some of the most interesting and useful publications, which help me in my job every day.
And finally, the greatest thanks goes to you—the readers, listeners and viewers, who take time out of your days to absorb my content and who generously provide commentary, both and good and bad. To quote Alice Walker, the words thank you “expresses extreme gratitude, humility, understanding.” On this Thanksgiving, thank you.
Americans Get Failing Grade on Social Security
Whenever I write about Social Security, I am inundated with follow up questions. It’s no wonder, since there are about 2,800 rules that govern the system and thousands of retirement claiming strategies. What is worrying about Social Security is NOT that it is going to run out of money (there are a number of ways to address shortfalls), but that there is so much confusion around an eighty-year-old entitlement program. According to a survey released by the Financial Planning Association and AARP, about half of Americans ages 45 to 64 expect that Social Security will be a major source of their household retirement income. But according to the Certified Financial Planners who provide advice to consumers, those numbers are way off: 94 percent of CFPs surveyed said that SS will provide 50 percent or less of clients’ retirement income.
What explains the gap between what the pros and consumers think? As the report notes, “Overall, Social Security knowledge is lacking for Americans.” Just 9 percent of consumers believe they are very knowledgeable about how Social Security benefits are determined and another 38 percent believe they are somewhat knowledgeable about how their benefits will be determined. CFP® professionals think those numbers are high—just one percent of the planners think that their clients are very knowledgeable and 31 percent said their clients are somewhat knowledgeable.
In fact, the survey revealed that most soon to be retirees did not know the nuts and bolts of claiming strategies, like waiting to claim benefits can result in a significantly higher benefit over the course of retirement. 67 percent underestimated the impact on waiting until full retirement age to claim benefits and there was great confusion about claiming benefits on a former spouse. In fact, the vast majority of questions that I fielded about Social Security centered on claiming benefits after a divorce.
To clarify the issue, I consulted with nationally recognized Social Security expert, Mary Beth Franklin. Mary Beth writes regularly about retirement income planning, including her valuable downloadable book, “Maximizing Your Social Security Benefits”. Franklin said “The basic rule about claiming benefits on a former spouse is that you must have been married for at least ten years before you got divorced and you must be currently single, (single or widowed from a subsequent spouse). Many were concerned that claiming benefits on an ex’s record would diminish the benefit for the ex, him or herself. Not so, says Franklin.
There were also a lot of questions about whether an ex can claim retirement benefits as early as age 62. “The answer is yes, with a caveat. You can claim on your ex, but the other Social Security rules apply. That means that you would have to claim a reduced benefit (usually about 25 percent and it is permanent) on your own record and then if one-half of your ex’s benefit is greater than your own, you could collect the difference.
Here’s an example: Jack (67) and Jill (62) were married for 20 years and then divorced. Jill is currently single and would be entitled to $1,000 per month on her own record, if she were to wait until her full retirement age (FRA) of 66. Instead, she wants to claim at 62, which reduces her monthly benefit to $750.
Jack claimed his $2,500/month benefit at his FRA. If Jill had waited until her own FRA, she would have been entitled to one-half of his benefit, which would have been $1,250/month. BUT, because she is claiming at 62, her share of his benefit would also be reduced, so she would only be entitled to $875/month. (From the perspective of SS, Jill would be entitled to two benefits at age 62: her $750 + $125 from her ex-husband, for a total of $875.)
Pretty confusing, right? And that’s just one example of the intricacies of the system.
Should You Use a Robo Advisor?
“Robo advisors are going to kill the brokerage business,” carped a financial consultant from one of the big wire houses. That’s an overstatement, but financial professionals and brokers who have mostly been selling investments and not providing financial advice may find that software and algorithms could eventually make them obsolete. The advent of new technology has put some of these old school pros on their heels, as investors – especially younger ones – find the process of answering risk tolerance questions on line and utilizing computer generated asset allocation plans preferable to face-to-face meetings with various salespeople, who are hocking the product du jour.
Over the past twenty years or so, traditional brokers and advisors have slowly but surely jacked up fees for smaller accounts. It’s not hard to understand why they would do so. Many branch managers tell their staff something along the lines of “it takes the same amount of time and energy to work with a $200,000 client as a $1,000,000 one, so stop spinning your wheels with the small fries!”
The way that large firms stomach working with smaller clients is to either hike their fees (two percent or more for assets under $250,000) or to keep selling high cost, commission-based mutual funds or insurance products. Unfortunately, for those who were not do it yourselfers, there weren’t many other alternatives, that is, until the advent of the robo advisor.
The process is easy: log on to one of the robo advisor platforms like Wealthfront or Betterment, and you will be asked to complete an online questionnaire, which takes into account some of your general financial goals and objectives and your risk tolerance. Based on your responses, the robo advisor’s proprietary algorithm will slot you into the most appropriate portfolio. The firms usually use exchange-traded funds, provide rebalancing, reinvest dividends, and in some cases, can harvest tax losses.
Mutual fund and discount brokerage firms like Vanguard, Fidelity, Charles Schwab, TD Ameritrade and E*Trade have similar variations on the theme. The fees range from 0.25 to 0.75 percent of assets plus fund expenses and most services require an investment minimum.
In some cases, these firms will also provide financial advice, but a bit of caution: it is tough to create a computer model that understands who you are and can listen carefully to address your financial needs. If you have significant assets, a complicated financial life or need some extra hand holding, you may want to eschew the robo advisor route and pay up for a human being, who can provide you with customized, one-on-one advice.
As I have advocated in this space, if you do choose to work with a financial planner, please be sure that he or she is bound by the fiduciary standard. A fiduciary duty means that a financial professional must put your needs first. (CFP® professionals and Certified Public Accountant Personal Financial Specialists (PFS) are both held to the fiduciary duty.) Those who aren’t fiduciaries are held to a lesser standard, called “suitability,” which means that anything they sell you has to be appropriate for you, though not necessarily in your best interest. The SEC has noted, “most [investors] are unaware of the different legal standards that apply to their advice and recommendations…and expect that the recommendations they receive will be in their best interests.”
Here are three resources to find fiduciary advisors:
As robo advisors mature, the choice may not be black and white. In fact, some financial planning and investment management firms are using the new technological platforms to reintroduce their services to smaller clients. This hybrid solution may provide the best of both worlds for those investors who want to keep fees down, but also need financial advice from time to time.
Financial Thanksgiving 2014
Thanksgiving is a time when we can give thanks for all of the blessings in our lives, like health, loving spouse, a wonderful family and amazing friends. But this is a money column, so this week, I would also like to give thanks to all of the amazing people and resources that have improved our financial lives. The Financial Planning Coalition: The collaboration of the Certified Financial Planner Board of Standards (“CFP Board”), the Financial Planning Association® (“FPA”), and the National Association of Personal Financial Advisors (“NAPFA”) continues to work on behalf of consumers to make the fiduciary standard the gold standard for financial advice-givers.
The Employee Benefit Research Institute (EBRI): The mission of EBRI is to contribute to, to encourage, and to enhance the development of sound employee benefit programs and sound public policy through objective research and education. EBRI has also developed an easy to use retirement calculator, which I wholeheartedly endorse.
Life Happens: While I have been a critic of some of the practices of the insurance industry, this nonprofit, founded by seven producer organizations, is dedicated to helping Americans take personal financial responsibility through the ownership of life insurance and related products, including disability and long-term care insurance. Of particular interest is the Life Happens Insurance calculator.
Mark Kantrowitz/FinAid.org: Mark created this terrific web site for education funding in the fall of 1994 as a public service. It is the quintessential resource for every would-be college student, providing informative, objective and valuable advice for students and their families, who are looking for ways to finance their education.
SSA.gov: I know that everyone complains about the Social Security system, but the government’s web site is a great tool. You can manage your account online and use the estimator to determine your future benefit.
Jack Bogle: When he was a junior at Princeton University in 1949, Jack Bogle decided to use the concept of index funds as the topic of his senior thesis. That decision eventually led to the creation of the modern index fund. In 1976, The Vanguard Group – then a new mutual fund company – rolled out the First Index Investment Trust, which ultimately became the Vanguard 500 Index Fund. The fund, which was originally referred to as “Bogle's Folly” has become the single best friend to retail investors.
AnnualCreditReport.com: In the aftermath of the credit boom and bust, there were singing pirates and a myriad of online offers to help consumers take control of their credit histories, but there was only one official site, guaranteed by Federal law, where you can obtain a free credit report annually.
Consumer Financial Protection Bureau (CFPB): The CFPB was created out of 2010’s Dodd-Frank Wall Street Reform and Consumer Protection Act. The CFPB consolidated most Federal consumer financial protection authority in one place and focuses on one goal: watching out for American consumers in the market for consumer financial products and services. Although various regulators had consumer divisions, none has the sole focus of keep an eye out for us. The CFPB works to give consumers the information they need to understand the terms of their agreements with financial companies. They are working to make regulations and guidance as clear and streamlined as possible so providers of consumer financial products and services can follow the rules on their own.
Ann Marsh: Since we have just celebrated Veterans’ Day, I would like to highlight the work of Financial Planning Magazine’s Senior Editor and West Coast Bureau Chief. Ann’s phenomenal work highlighted how financial problems are weighing on our servicemen and servicewomen, and in some cases, contributing to suicide. Please read her article and if you are interested in supporting our veterans, please check out www.giveanhour.org, which is in the process of considering launching a financial planning arm of its services and www.psycharmor.org, which is putting together a new network of private sector professionals to help soldiers and vets, including financial planners.
#192 Why You Need a Fiduciary Advisor
Guest Paul Auslander the Director of Financial Planning at ProVise Management Group, LLC and the former FPA President and Chairman of the Board, joins the show to discuss why it is so important to hire a FIDUCIARY advisor--one who puts YOUR interests first!
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Paul and I discussed the startling report from the The Financial Planning Coalition, which highlighted the fact that some financial service providers “are contributing to the confusion in the marketplace by identifying themselves as financial planners but not providing financial planning services.” If you want to read more about the report, check out my post "Investors are 'Confused and Harmed'".
We love guests, but we also love your calls. Melanie is a second-time caller, seeking additional advice on how to invest her husband's retirement money. E-mailer Lupe needed help getting started with investing, while Keith is trying to juggle the income tax impact of his 10 rental properties.
Thanks to Ben and Paul who weighed in on collecting Social Security on a former spouse and to Caroline, Beverly and Gail, who wrote in about my recent article "Estate Planning Checklists".
Jan and Debbie wrote in about their retirement accounts and Rich wanted to know about 2015 limits for Roth IRAs.
Thanks to everyone who participated and to Mark, the BEST producer in the world. Check out Mark's first-producing credit for this CBS Evening News segment that aired recently. If you have a financial question, there are lots of ways to contact us:
- Call 855-411-JILL and we'll schedule time to get you on the show LIVE
- Send an email: askjill@jillonmoney.com
- Tweet us: @jillonmoney and @MTalercio
Investors are “Confused and Harmed”
Pity the poor consumer of financial services. According to The Financial Planning Coalition, a collaboration of the Certified Financial Planner Board of Standards (“CFP Board”), the Financial Planning Association® (“FPA”), and the National Association of Personal Financial Advisors (“NAPFA”), “consumers who want financial planning services are…unable to differentiate those who are truly competent to provide financial planning services from those who are using financial planning as a marketing tool.” The Coalition recently released a white paper, “Consumers Are Confused and Harmed,” which highlighted the problem. I know that you too will be shocked, just shocked to learn that the misunderstanding is not solely our fault…it has something to do with the fact that some financial service providers “are contributing to the confusion in the marketplace by identifying themselves as financial planners but not providing financial planning services.”
The Coalition points to a Cerulli study, which found that over 166,000 financial advisors self-identified as members of a financial planning focused practice, but after conducting detailed analysis, Cerulli “determined that only 38 percent of the self-identified financial planners actually had financial planning focused practices. In other words, over 100,000 financial advisors incorrectly self-identified as being part of a financial planning practice.”
Let’s think about this in another way. Let’s say that you go to the doctor to have a knee replacement and the doctor identifies himself as someone who does orthopedic surgery. Upon further analysis, you find out that the guy is a primary care physician and not a surgeon. You sure would have liked to know that fact, before you went under the knife, right?
According to Kevin Keller, the CEO of the CFP Board “American consumers looking for financial planning services face an uphill battle when it comes to identifying a competent, ethical financial planner. Just as consumers expect a medical doctor to have an M.D., a lawyer – a J.D., an accountant – a CPA, they should expect their financial planner to demonstrate expertise, experience, and accountability, and be held to standards the public can understand and trust.”
Here’s the problem: there is NO uniform regulation of financial planners, which would ensure that our expectations are met. In 2011, the SEC’s “Study on investment advisers and broker-dealers advocated that the “fiduciary standard” be applied to the industry. A fiduciary duty means that a financial professional must put your needs first. (CFP® professionals are held to the fiduciary duty.) Those who aren’t fiduciaries are held to a lesser standard, called “suitability,” which means that anything they sell you has to be appropriate for you, though not necessarily in your best interest. The SEC has noted, “most [investors] are unaware of the different legal standards that apply to their advice and recommendations…and expect that the recommendations they receive will be in their best interests.”
The coalition’s white paper corroborates the SEC: “A full 82 percent of consumers believe that a financial planner is essentially the same as a financial advisor, and there is only slightly less confusion between the titles financial planner, wealth manager and investment advisor.” And the vast majority of those who are held to the suitability standard would like to keep you mired in confusion. That’s why SIFMA, the industry’s lobbying arm, has spent millions of dollars to prevent the fiduciary standard from becoming law.
Lauren M. Schadle, CEO/Executive Director of FPA cuts to the chase: “It’s really pretty simple. Consumers who seek integrated, financial planning and receive narrow advice or one-product solutions with their life savings are harmed by the lack of appropriate regulation…time and time again, consumers are misled and harmed by those who simply use the moniker ‘financial planner’ as a marketing tactic but fail to deliver actual financial planning.” NAPFA CEO Geof Brown adds that the current environment can lead consumers to purchase “investment or insurance products that are inappropriate for them.”
What’s the fix? Until the government adopts the fiduciary standard, your best bet is to come right out and ask any potential or current financial professional, “Are you a fiduciary?” If not, you may want to find someone who is.
Here are three resources to find fiduciary advisors:
#189 Democratizing Investing with Mitch Tuchman
After a volatile period in the markets, it's time to focus on things you CAN control, like the expenses you pay for investment management. MarketRiders.com and ReBalance-IRA.com founder Mitch Tuchman joins us to explain why now is a great time to seek affordable investment advice.
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Mitch says that fees are eating away at your bottom line, which is why he launched MarketRiders.com for do it yourselfers and Rebalance-IRA.com for those who want to outsource their management. And here's a stunning a fact: a recent ReBalance-IRA study found that half of the people surveyed think that they are paying ZERO in fees. If you are seeking investment advice, here are 10 Questions to Ask Before Hiring an Advisor.
Marcia from Maryland asked about collecting Social Security benefits from an ex-spouse, David from Texas wants to know whether he should he use extra cash flow to fund a Roth and separately, what's the best college funding vehicle? Jo from Louisville wants to know whether investment advisory fees are worth it and Sharon wrote in about my recent segment on CBS This Morning about “Women and Money”.
Thanks to everyone who participated and to Mark, the BEST producer in the world. Check out Mark's first-producing credit for this CBS Evening News segment that aired recently. If you have a financial question, there are lots of ways to contact us:
- Call 855-411-JILL and we'll schedule time to get you on the show LIVE
- Send an email: askjill@jillonmoney.com
- Tweet us: @jillonmoney and @MTalercio