"The problem with the BICE is that it fails to disincentivize financial advisors from including high-cost, actively managed funds in a retirement plan -- in other words, the types of funds that get challenged in excessive 401k fee lawsuits. That make the BICE a dangerous proposition for plan sponsors who have personal liability in these lawsuits.... A clean rule would make it easier for 401k sponsors to select and monitor financial advisors obligated to put the interests of their participants first.... [P]lan sponsors have an incredibly important job as fiduciaries -- protecting the best interests of plan participants. Regulations should make that job easier and not harder."