401(k) glossary

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Fiduciary & roles

Investment menu

Short definition

An investment menu is the set of funds a 401(k) plan makes available for participants to choose from. Selecting and monitoring it is a fiduciary responsibility.

What an investment menu is

A typical menu has a target date series, index and actively managed funds across the main stock and bond categories, and a capital preservation option. Some plans add a brokerage window for participants who want a wider choice. The plan also names a default investment for people who make no election.

Why it matters to employers

ERISA requires the people who choose the menu to act prudently and in participants’ interest. In practice that means a documented process for selecting funds, reviewing them on a schedule, checking that fees are reasonable and replacing funds that no longer fit. You can take advice from a 3(21) adviser or hand the decisions to a 3(38) investment manager, but you still have to monitor whoever you appoint. Offering at least three diversified options is also one of the conditions for ERISA section 404(c) protection.

Example

A plan committee reviews the menu once a year against benchmarks and fees for similar funds. It replaces one fund that has lagged and records its reasons in the minutes.

Common mistakes

  • Choosing the menu once and never reviewing it.

  • Adding funds because an employee asked, without any review.

  • Relying on a provider’s fund list without knowing who is the fiduciary for it.

Sources

U.S. Department of Labor, EBSA: Meeting your fiduciary responsibilities (https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/publications/meeting-your-fiduciary-responsibilities), retrieved 2026-11-11 eCFR (National Archives): 29 CFR 2550.404c-1: ERISA section 404(c) plans (https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XXV/subchapter-F/part-2550/section-2550.404c-1), retrieved 2026-11-11 U.S. Code (govinfo.gov): 29 U.S.C. 1104: Fiduciary duties (https://www.govinfo.gov/content/pkg/USCODE-2023-title29/html/USCODE-2023-title29-chap18-subchapI-subtitleB-part4-sec1104.htm), retrieved 2026-11-11

General information, not legal or tax advice.

© 2026 Basic Capital. All rights reserved.

Basic Capital Group, Inc. and its affiliates and subsidiaries (collectively, "Basic Capital") provide this website and its contents for informational and educational purposes only. The information on this website is general in nature and is not intended to address the circumstances of any particular individual or entity.  Nothing on this website constitutes investment, financial, legal, tax, or accounting advice, nor should it be construed as a recommendation or endorsement of any specific investment product, strategy, or service. Basic Capital does not provide legal, tax, or accounting advice. You should consult with your own qualified financial, legal, and tax advisors before making any investment decisions. Our site uses a third party service to match browser cookies to your contact information. We then use another company to send special offers on our behalf.

Recordkeeping Services

Recordkeeping services are provided through Basic Capital Recordkeeping Services LLC, a wholly owned subsidiary of Basic Capital Group, Inc. Unless expressly agreed to in writing, Basic Capital Recordkeeping Services LLC does not act as a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, with respect to any employee benefit plan.

Investment Advisory Services

Investment advisory services are provided through Basic Capital Advisors LLC, a wholly owned subsidiary of Basic Capital Group, Inc. registered with the State of New York as an investment adviser. Registration does not imply a certain level of skill or training. Investing involves risk, including the potential loss of principal. Past performance is not indicative of future results.
Investments in securities are: Not FDIC Insured • Not Bank Guaranteed • May Lose Value.
Neither Basic Capital Advisors LLC nor its affiliates are a registered broker-dealer or engage in securities brokerage activities. Furthermore, Basic Capital Advisors LLC and its affiliates do not act as a broker-dealer.

Basic Capital, 52 Walker Street, 5th Floor, New York, NY 10013 | 888-460-4901

© 2026 Basic Capital. All rights reserved.

Basic Capital Group, Inc. and its affiliates and subsidiaries (collectively, "Basic Capital") provide this website and its contents for informational and educational purposes only. The information on this website is general in nature and is not intended to address the circumstances of any particular individual or entity.  Nothing on this website constitutes investment, financial, legal, tax, or accounting advice, nor should it be construed as a recommendation or endorsement of any specific investment product, strategy, or service. Basic Capital does not provide legal, tax, or accounting advice. You should consult with your own qualified financial, legal, and tax advisors before making any investment decisions. Our site uses a third party service to match browser cookies to your contact information. We then use another company to send special offers on our behalf.

Recordkeeping Services

Recordkeeping services are provided through Basic Capital Recordkeeping Services LLC, a wholly owned subsidiary of Basic Capital Group, Inc. Unless expressly agreed to in writing, Basic Capital Recordkeeping Services LLC does not act as a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, with respect to any employee benefit plan.

Investment Advisory Services

Investment advisory services are provided through Basic Capital Advisors LLC, a wholly owned subsidiary of Basic Capital Group, Inc. registered with the State of New York as an investment adviser. Registration does not imply a certain level of skill or training. Investing involves risk, including the potential loss of principal. Past performance is not indicative of future results.
Investments in securities are: Not FDIC Insured • Not Bank Guaranteed • May Lose Value.
Neither Basic Capital Advisors LLC nor its affiliates are a registered broker-dealer or engage in securities brokerage activities. Furthermore, Basic Capital Advisors LLC and its affiliates do not act as a broker-dealer.

Basic Capital, 52 Walker Street, 5th Floor, New York, NY 10013 | 888-460-4901

© 2026 Basic Capital. All rights reserved.

Basic Capital Group, Inc. and its affiliates and subsidiaries (collectively, "Basic Capital") provide this website and its contents for informational and educational purposes only. The information on this website is general in nature and is not intended to address the circumstances of any particular individual or entity.  Nothing on this website constitutes investment, financial, legal, tax, or accounting advice, nor should it be construed as a recommendation or endorsement of any specific investment product, strategy, or service. Basic Capital does not provide legal, tax, or accounting advice. You should consult with your own qualified financial, legal, and tax advisors before making any investment decisions. Our site uses a third party service to match browser cookies to your contact information. We then use another company to send special offers on our behalf.

Recordkeeping Services

Recordkeeping services are provided through Basic Capital Recordkeeping Services LLC, a wholly owned subsidiary of Basic Capital Group, Inc. Unless expressly agreed to in writing, Basic Capital Recordkeeping Services LLC does not act as a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, with respect to any employee benefit plan.

Investment Advisory Services

Investment advisory services are provided through Basic Capital Advisors LLC, a wholly owned subsidiary of Basic Capital Group, Inc. registered with the State of New York as an investment adviser. Registration does not imply a certain level of skill or training. Investing involves risk, including the potential loss of principal. Past performance is not indicative of future results.
Investments in securities are: Not FDIC Insured • Not Bank Guaranteed • May Lose Value.
Neither Basic Capital Advisors LLC nor its affiliates are a registered broker-dealer or engage in securities brokerage activities. Furthermore, Basic Capital Advisors LLC and its affiliates do not act as a broker-dealer.

Basic Capital, 52 Walker Street, 5th Floor, New York, NY 10013 | 888-460-4901