In 2026, employee benefit consultants can mitigate conflicts of interest through a combination of legal compliance, transparent fee structures, and proactive fiduciary habits:

  • Written Compensation Disclosure: Under the Consolidated Appropriations Act (CAA), consultants must provide written disclosures of ALL direct and indirect compensation—including commissions, overwrites, consulting fees for ALL products in place and manage for them. 
  • Fiduciary Alignment: Adopting a fiduciary mindset means acting solely in the interest of plan participants. Aligned advisors are proactively ending sales reward programs and leveling compensation across products to ensure advice is impartial and not driven by commission differences.
  • Formal Conflict Policies: Implementing a written Conflict of Interest (COI) policy that defines what constitutes a conflict and requires annual disclosure from all team members.
  • Neutral Third-Party Monitoring: Consultants can mitigate “soft conflicts” by encouraging employers to engage independent, unconflicted service providers to handle specific fiduciary functions and audit plan performance periodically.
  • ALWAYS Confirm and Demonstrate Your Objectivity With Your Clients Best Interest: Consultants should demonstrate and affirm clearly the reasons for proposing specific solutions, funding strategies, vendor selection and proactively explain reasonable alternatives, risks and rewards, and always disclose all conflicts that could impact your advice.