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Private Assets in Defined Contribution Plans: Clarity for Fiduciaries

By Jason Levy – Sr. Counsel at Great Gray

Amid Executive Order Buzz, One Standard Still Guides Plan Lineups

Retirement plan stakeholders continue to ask whether a forthcoming Executive Order or related Department of Labor (DOL) action will bring new clarity around investment options that include private assets in defined contribution (DC) plans.

With the launch of our Panorix Target Date Series (Panorix), it’s a timely and important topic, but also one where the fundamentals haven’t changed. To learn more about Panorix, watch our webinar.

No New Action Needed to Clarify Fiduciary Responsibility

While there is growing attention around the expected Executive Order and speculation about further DOL guidance, we believe neither is necessary to inform fiduciary decision-making. These developments may offer directionally helpful commentary, but they are unlikely to change the legal framework that already exists.

The ERISA Standard Is Clear

Under ERISA, the standard for selecting investment options within a plan lineup is both strict and well established. Fiduciaries must act solely in the interest of plan participants, with the exclusive purpose of maximizing risk-adjusted returns, net of fees.

That principle applies universally, regardless of whether an investment includes public or private market assets.

What This Means for TDFs with Private Market Exposure

If a responsible fiduciary conducts a prudent evaluation process and reasonably determines that a target date fund (TDF) with private market components meets the ERISA standard, that option may be added to the plan. Put simply, the legal clarity already exists.

Fiduciaries Can Move Forward with Confidence

At Great Gray, we believe in cutting through the noise and focusing on what matters most: acting in the best interest of participants. While regulatory developments are worth monitoring, they do not change the core responsibility fiduciaries already understand and uphold. The standard is clear, and strong processes – not headlines – should continue to guide prudent decision-making.

Please click on this link for important information about Panorix Target Date Series.


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