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Proposed RuleOpen for Comment2026-061782026-03-31

Fiduciary Duties in Selecting Designated Investment Alternatives

Labor Department, Employee Benefits Security Administration

Abstract

This document contains a proposed regulation that clarifies, and provides a safe harbor for, a fiduciary's duty of prudence under the Employee Retirement Income Security Act of 1974 (ERISA) in connection with selecting designated investment alternatives for a participant-directed individual account plan, including asset allocation funds that include alternative assets. This proposal implements section 3(c) of President Trump's Executive Order 14330, Democratizing Access to Alternative Assets for 401(k) Investors.

Action & Dates

Action
Proposed rule.
Dates
Comments are due on or before June 1, 2026.

CFR References

Topics

Employee benefit plansFiduciariesInvestmentsPensionsSecurities

Public Comment

Comments Close
2026-06-01 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Labor Employee Benefits Security Administration 29 CFR Part 2550 RIN 1210-AC38 ( printed page 16088) AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Proposed rule. SUMMARY: This document contains a proposed regulation that clarifies, and provides a safe harbor for, a fiduciary's duty of prudence under the Employee Retirement Income Security Act of 1974 (ERISA) in connection with selecting designated investment alternatives for a participant-directed individual account plan, including asset allocation funds that include alternative assets. This proposal implements section 3(c) of President Trump's Executive Order 14330 , Democratizing Access to Alternative Assets for 401(k) Investors. DATES: Comments are due on or before June 1, 2026. ADDRESSES: You may submit comments, identified by RIN 1210-AC38, by one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments. Mail or Personal Delivery: Office of Regulations and Interpretations, Employee Benefits Security Administration, Room N-5655, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210. Instructions: All submissions received must include the agency name and Regulation Identifier Number (RIN) for this rulemaking. Comments received, including any personal information provided, will be posted without change to http://www.regulations.gov and http://www.dol.gov/​ebsa , and made availa

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Full Document

Citation: 91 FR 16088

Fiduciary Duties in Selecting Designated Investment Alternatives — Federal Register 2026-06178 | Open Gov by Base