# DOL proposes an ERISA prudence safe harbor for plan options with alternative assets

> DOL proposed clarifying ERISA prudence duties and a safe harbor for selecting designated investment alternatives, including asset-allocation funds containing alternative assets, in response to Executive Order 14330.

- URL: https://riadefi.com/regulation/2026-03-31-dol-designated-investment-alternatives-safe-harbor/
- Posture: Proposal · not in effect
- Authorities: Labor Department; Employee Benefits Security Administration
- Event date: 2026-03-31
- Version: 1, published 2026-08-07 (first published 2026-08-07)
- Advisor-relevant: yes

This entry records a proposal. It does not change the law unless it is adopted.

## What changed

DOL proposed clarifying ERISA prudence duties and a safe harbor for selecting designated investment alternatives, including asset-allocation funds containing alternative assets, in response to Executive Order 14330.

## Who it affects

- ERISA plan fiduciaries, retirement-plan advisers, asset managers, and participants

## What is still open

- Whether the safe harbor will be adopted and what conditions will survive

## What it means for an advisor

- Evaluate plan-investment diligence and documentation against the proposal without treating it as current law.

## Sources

1. [Fiduciary Duties in Selecting Designated Investment Alternatives](https://www.govinfo.gov/content/pkg/FR-2026-03-31/pdf/2026-06178.pdf) · Labor Department; Employee Benefits Security Administration · 2026-03-31


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Published by Ketju Research on RIADeFi (https://riadefi.com). Educational research for financial professionals; not investment, legal, tax, or compliance advice.