We all know the minimum number of distinct and materially different investment options all 401(k) plans seeking the 404(c) safe harbor provision must have. This answer is three.

But until May 7, 2012, in its FAQ on the new Fee Disclosure Rule, the DOL has never opined on what the maximum number of options in a 401(k) should be. The number may just shock a number of 401(k) plan sponsors, in particular, those administering some of the largest plans.

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