The DOL’s proposed regulation on selecting investments, including alternative assets, 2026-06178.pdf, identifies six factors that need to be considered in the process of selecting investments for participant-directed plans, such as 401(k) plans and private sector 403(b) plans. The six factors are: Performance, Fees, Liquidity, Valuation, Performance Benchmark, and Complexity. The
The DOL’s proposed regulation on selecting investments, including alternative assets, 2026-06178.pdf, identifies six factors that need to be considered in the process of selecting any investments for participant-directed plans, such as 401(k) plans and private sector 403(b) plans. The six factors are: Performance, Fees, Liquidity, Valuation, Performance Benchmark, and Complexity.
In my last post in this series– Alternative Assets (5), I discussed the provision in the DOL’s proposed regulation on the Selection of Designated Investment Alternatives for participant-directed plans (2026-06178.pdf) that provides a fiduciary safe harbor for each of the 6 identified factors if fiduciaries “inform” themselves properly. (While labeled
In my last post in this series– Alternative Assets (4), I discussed the provision in the DOL’s proposed regulation on the Selection of Designated Investment Alternatives for participant-directed plans (2026-06178.pdf) that requires that “all relevant factors” be considered in the process of making a prudent investment decision. Later in the
In my three posts in this series–Alternative Assets (1), Alternative Assets (2), and Alternative Assets (3), I discussed some of the “big picture” provisions in the DOL’s proposed regulation on the Selection of Designated Investment Alternatives for participant-directed plans (2026-06178.pdf). With this article, we begin to get into the “weeds”,
In my first post in this series, Alternative Assets (1), I said that a surprise in the DOL’s proposed regulation on selecting investments for participant-directed plans (2026-06178.pdf) was that it went beyond the alternative assets mentioned in last August’s Executive Order and instead applied to all investments in participant-directed plans—both
In my last post, Alternative Assets (1), I said that a surprise in the DOL’s proposed regulation on selecting investments was that it went beyond alternative assets and asset allocation investments, which were the focus of last August’s Executive Order, and instead applied to all investments in participant-directed plans—both traditional
The Employee Benefit Security Administration (EBSA) of the US Department of Labor (DOL) has issued a proposed regulation on the selection of investments for participant-directed plans, such as 401(k) plans. 2026-06178.pdf The Beginning: An Executive Order The proposal is the direct result of an August 7, 2025 White House Executive
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs. Some of those questions suggest that the DOL is concerned about conflicts of interest in the organization and management of PEPs. This article continues a discussion
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs. Some of those questions suggest a possible fiduciary safe harbor for small employers who adopt PEPs. This article continues a discussion of the questions asked by
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