If a 401(k) investment underperforms, does that mean the fiduciary made the wrong call? Not necessarily.
A new DOL proposal puts the focus squarely on how decisions are made, not just how investments perform.
Our latest Benefits + Compensation alert breaks down the proposed “safe harbor” for investment selection and what fiduciaries should be thinking about now, especially when it comes to documentation and process.
A few themes worth watching:
- Process over outcomes
- Documentation as a defense
- A structured approach to evaluating investments