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.”
For assistance navigating the proposed rule, McGuireWoods has created a slide deck addressing the key issues. Feel free to use the slides for internal presentations to management/business partners. For questions about the proposed rule or additional guidance for plan fiduciaries, or to receive a copy of the slides in PowerPoint format, contact McGuireWoods’ Employee Benefits Practice Group.