Many of us have used a BIC® for such things as lighting a candle, firing up the grill, or having a smoke. Moving forward, you may hear your financial advisor reference a BIC, and it won’t be for lighting anything on fire. As part of the Department of Labor ruling regarding how retirement accounts are treated, a new acronym has been created known as BIC or Best Interest Contract. The aim for this blog is to outline why BIC is important and what it means to you as a client.

First things first, what prompted the origin of “BIC”? The Department of Labor over the last six years has drafted sweeping regulation to ensure anyone working in some sort of financial advisor capacity to act in the best interest of a client, hence BIC or Best Interest Contract. For many the thought that their financial advisor wasn’t already acting in their best interest seems absurd. Truth be told, most advisors truly do have their clients best interest in mind, but let’s be honest, many people employed in financial services work on commission and this means pushing an agenda

Let’s look at the elements of a BIC.

1. Acknowledge Fiduciary Status: The advisor will state in writing that he/she will act in a fiduciary manner for the client.
2. Best Interest of Client and Beneficiaries: The advisor must act “prudently” meaning they follow the “prudent” person rule
3. Reasonable Compensation: Defined by Nature (how complex is the advice?), Scope (how involved? One account, multiple accounts?), and Frequency (how often? quarterly, annually, etc.)
4. No Misleading Statements: Sales illustrations must be fair and balanced.
5. Disclose all “Material Conflicts of Interest”: Full disclosure of ANY conflicts that may influence fiduciary responsibilities. i.e. bonuses, proprietary products, additional compensation.

As the rule stands today, a BIC will need your acknowledgement anytime money is rolled out of an ERISA governed plan (think 401K). So moving forward, if you leave an employer and your advisor suggests rolling money into an IRA, chances are you will sign a BIC.

So what does signing a BIC mean? For a financial advisor (used loosely as many “advisors” are nothing more than product pushers) having a signed BIC means the client agrees that a rollover makes sense and they agree to the terms. In reality, as a client to the advisor, you’re signing off that all conflicts have been disclosed and you’re comfortable with the compensation the person recommending will receive. In my humble opinion, the BIC doesn’t guarantee anything to ensure you as the client’s best interest are truly put first. For instance equity index annuities have been placed on high alert as products generally not best suited for clients due to their complexity and substantially higher commission payouts for advisors. By signing a BIC and purchasing a product such as these equity index annuities, it may be harder to hold the person selling it responsible if litigation was ever involved.

The moral of the story is when working with financial advisors, is for you to have a thorough understanding of what you’re buying and how the person recommending advice/products intends to receive compensation. If he or she offering the advice cannot deem themselves a fiduciary for ALL aspects of their business, I’d recommend getting a second opinion. Generally speaking, working with a CFP®, AIF®, or a fee-based investment advisor already held to a fiduciary duty would increase your chances of ensuring that your interests are put first.

For more on the Department of Labor fiduciary rule click here: http://www.investopedia.com/updates/dol-fiduciary-rule/

Many companies establish retirement plans without thorough understanding of their fiduciary responsibilities. Understanding your fiduciary role as plan sponsor is paramount due to the risk associated when offering an ERISA regulated retirement plan. A fiduciary that breaches any obligation can be held liable, even if the breach of duty wasn’t known or intended. Ignorance or lack of expertise will not be a sufficient defense in the event of litigation.

What are your fiduciary duties?

The primary duty of all ERISA fiduciaries is to act in the sole interest of the plan and its participants and beneficiaries. The plan fiduciary must:

• Act with the care, skill, prudence and diligence of a prudent person who is familiar with retirement plan matters.
• Follow the plan documents.
• Pay only reasonable plan expenses.
• Diversify plan investments.
• Avoid conflicts of interest.

How can liability be shared or transferred?

• Fully document steps taken to select prudent investment managers.
• Regular monitoring of plan expenses for reasonableness.
• Allow participants to manage their own accounts.
• Avoid prohibited transactions.
• Bonding to protect against acts of fraud.
• Partner with an advisor willing to accept greater responsibility.

Who can you partner with to reduce liability?

Some employers may choose to have a “hands-on” approach and do the investment selection themselves; others may wish to delegate the task entirely. Dependent on the role of the advisor, you as the plan sponsor may be accepting a higher degree of risk. Distinct advisor roles can facilitate the plan functions and offer solutions that may alleviate risks the employer is unwilling to accept.

For more information regarding fiduciary responsibilities from the Department of Labor website, click here. 

Nate Lovik, AIF®

Investment Advisor Representative

RDAFN.COM 2522 22nd Ave SE, Rochester, MN 55904 (319) 325-7854 or (888) 300-4975. Securities offered through United Planners Financial Services, Member FINRA/SIPC. Advisory services offered through RDA Financial Network, a Registered Investment Advisor. United Planners and RDAFN are not affiliated.