Episode 61: DOL Issues Proposal on Alternative Assets in 401(k) Plans

In this episode, Justin Alex and Adam Scoll discuss the U.S. Department of Labor’s recently issued proposed regulation regarding ERISA fiduciary duties in selecting designated investment alternatives offered under participant-directed defined contribution plans, such as 401(k) plans. They examine the parameters of the proposal’s safe harbor, which reinforces ERISA’s focus on process over outcomes and highlights six key factors for fiduciary consideration when selecting designated investment alternatives. The proposal is designed to facilitate the inclusion of alternative assets within designated investment alternatives.