InvestmentNews
February 2‚ 2009
Government Regulatory Proposals for Fee Disclosure
Despite the fact that market performance is dominating retirement plan discussions, advisors should not lose sight of several important regulatory proposals and rule changes that affect plans this year. The most significant involve
disclosure of investment-related fees and disclosure of service provider compensation.
Starting in 2009‚ the Department of Labor (DOL) requires detailed disclosure of fees and expenses that are charged
to a plan in connection with its investments‚ particularly for participant-directed investments in defined
contribution plans. The proposed regulations would also require plan sponsors or other fiduciaries to report these amounts directly to
the participants in order to allow employees the ability to factor in the costs when making investment decisions.
This means that the advisor must disclose fee and expense information to plan sponsors which include 12(b)-1 fees‚
subtransfer-agent fees‚ and other forms of revenue sharing. The DOL also proposed regulations which would require
detailed disclosure of all direct and indirect compensation received by a provider for services performed for a plan.
Since the proposals for fee disclosure would benefit retirement plan participants‚ and as President Obama indicated during the campaign that he supports increased fee transparency‚ it is highly likely that the proposed regulations will eventually become final in substantially the form in which they were proposed.