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ARTICLE · 09 APRIL 2026

Prudence Redefined: A Six-Factor Safe Harbor Framework For Selecting Any Retirement Plan Investment Option

Kutak Rock LLP
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On March 30, 2026 the U.S. Department of Labor (the "DOL") released a proposed rule titled "Fiduciary Duties in Selecting Designated Investment Alternatives" (the "Proposed Rule").

United StatesEmployment and HR
Kutak Rock
Kutak Rock

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On March 30, 2026 the U.S. Department of Labor (the "DOL") released a proposed rule titled "Fiduciary Duties in Selecting Designated Investment Alternatives" (the "Proposed Rule"). The Proposed Rule responds to the President's August 2025 Executive Order directing the DOL to revisit its stance on the suitability of alternative investments (e.g., private equity and cryptocurrency) for 401(k) plans.

The Proposed Rule is asset-neutral. It outlines a process-driven framework for fiduciaries to follow in selecting any designated investment alternative. If followed, fiduciaries obtain safe harbor protection pursuant to a presumption of prudence.

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