Excerpt: [A] prudent fiduciary may have to use a default other than, or in some combination with, the 'qualified' alternatives in order to act in the best interest of participants. The real problem with the proposed regulations is that a fiduciary who is guided by these regulations (should they become final) but who also wants to act in the best of interest of participants, will fear, because of the way that the regulations were drafted, the loss of the very liability protection[.]  MORE >>