"While the Proposed Regulation acknowledges the fiduciary duty to monitor DIAs at regular intervals, the DOL opted not to include a monitoring safe harbor ... The Proposed Regulation's safe harbor protects the selection of individual DIAs but does not extend to overall investment menu curation ... [T]his gap leaves fiduciaries without safe harbor protection for an actively litigated aspect of plan governance.... The Proposed Regulation expressly excludes brokerage windows, self-directed brokerage accounts, and similar arrangements from the definition of DIA."  MORE >>