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Alts & ERISA Accountability – Fiduciary Filter

By The Institute on May 25, 2026

Article Originally Published: TheStreet

Who should decide whether retirement plans can include private investments like private equity, credit, hedge funds or direct real estate — and how should they be evaluated? In this episode we break down the DOL’s proposed rule, what makes alternatives different (costs, opacity, liquidity, valuation and risk), and why ERISA fiduciaries face special legal challenges when considering these options for DC plans. Learn what plan sponsors should document, how advisors should respond to marketing pressure, and what participants can do if they want to avoid alternatives in their lineup.

Jeffrey Snyder, Broadcast Retirement Network

Knut, it’s so great to see you. Thanks for joining us in the program this morning. Great to be here, I appreciate it.

Yeah, and I don’t wanna out you, but I’m gonna out myself. I’m a retirement nerd. I love ERISA.

I love all the things we do in our industry because we’re trying to help other people. But you are part of the Institute for the Fiduciary Standard. I wonder, before we get into alternatives and defined contribution plans, can you tell us a little bit about the Institute, what it stands for, what you do?

Knut A. Rostad, The Institute for the Fiduciary Standard

Absolutely. We are completing our 15th year, and we were formed because a group of advisors believed that there should be an entity, a legal entity that exists for no other reason than to further advocacy and education around what it means to be a fiduciary. And that’s what we’ve tried to do for the last 15 years.

And so we are a single issue group, and this is the only issue that we engage in. So suffice to say you love ERISA then. It is fantastic, yes.

And in that line, one of our board members is Phyllis Borzy, who of course lived ERISA for her whole professional career. And I’m honored that she’s been willing to join our board and help with our efforts.

Jeffrey Snyder, Broadcast Retirement Network

Yeah, well, very important. I wanna segue, the Department of Labor recently issued a proposed rule. And I think that the press maybe got it a little bit wrong.

I’m not a media guy, but I mean, they really framed it around alternative investments. But it really was to establish a better process, I think to select overall investments in the retirement plan. Let’s start with that.

Knut A. Rostad, The Institute for the Fiduciary Standard

I think what you say is, I’ll say it’s technically correct, but I’ll say that spiritually, I don’t think it’s correct at all because their reason for the rule as introduced a year ago by the executive order from the President of the United States was to make it easier for plan sponsors to recommend alternative investments. Anyway, so that’s how I’m viewing it. I think that’s how a lot of people in the ERISA world are also viewing it.

[Read the full article on TheStreet]

Dan Moisand

 

Dan Moisand is a nationally recognized fiduciary fee-only financial planner, an Institute Real Fiduciary™ Advisor and Chair-elect of the CFP Board.

The Institute has enshrined the ‘Moisand Rule’ on fiduciary practices. It is basic and is more important today than ever: “You have to avoid conflicts. If I avoid a conflict, I don’t worry about it.”

Watch the video of Moisand speaking here.

Bob Veres

 

Bob Veres is a long term observer of financial planning. His Newsletter, “Inside information” Is a staple of leading planners. In the May edition he writes about fiduciary and the Institute.

"But a much bigger point is that the fiduciary standard—as Knut Rostad of the Institute for the Fiduciary Standard has pointed out—has been determined by the Supreme Court (1963 ruling) to be at the very heart of the Investment Advisers Act of 1940. It is the foundation of what it means to be an RIA registered with the SEC instead of a tipster or a tout."

- Bob Veres, Parting Thoughts ... The SEC's Own Compliance Culture

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