Under the final regulations, MEWAs and ECEs will incur costs to fill out and electronically file the. Form M-1 and Form 5500.The Final Rule focuses on whether advice is being provided to retirement accounts in the context of a trusted advice relationship. The DOL's June 2020 Information Letter provided concrete guidance for 401(k) plan fiduciaries on how to conduct an objective, thorough and analytical process. As it stands now, ERISA does not ban investment in alternative asset classes, and so this amendment would not actually the change the law. Generally, any investment a plan makes is considered "plan assets. ERISA's "Prudent Man". Rule changed (1979).