In Pensions & Investments, Josh Lichtenstein Discusses 3(38) Fiduciaries in Investment Alternatives

In The News
September 24, 2026

ERISA and benefits partner Josh Lichtenstein, who heads the firm’s ERISA fiduciary practice and co-leads the firm’s collective investment trust (CIT) practice, spoke to Pensions & Investments about plan sponsors’ growing demand for 3(38) advisers following the Department of Labor’s proposal on investment alternatives in defined contribution plans. The trend suggests that sponsors want advisers to have more discretion over the investments, according to Pensions & Investments.

Josh noted that hiring a 3(38) manager is “a shifting in what the obligation is” between the sponsor’s work and the manager’s work. He added that the sponsor needs “a robust process to select the 3(38)” and ensure that the manager has the relevant expertise.