DOL Safe Harbor Proposed for ERISA Fiduciaries, 401(k) Investment Selection

April 10, 2026

Fiduciary Duties in Selecting Designated Investment Alternatives — A Presentation Resource

Taylor Wedge French, Nicholas Hays, Marc D. Nawyn, Allison Tanner McGuireWoods LLP + Follow Contact LinkedIn Facebook X Send Embed On March 30, 2026, the Employee Benefits Security Administration of the Department of Labor released a proposed rule that would provide a safe harbor for fiduciaries of qualified defined contribution retirement plans to satisfy ERISA’s duty of prudence when selecting designated investment alternatives. The proposed rule would implement Section 3(c) of President Donald Trump’s executive order 14330, “Democratizing Access to Alternative Assets for 401(k) Investors.”

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