Trump executive order would expand alternative investments in 401(k) plans, DOL issues follow‑up rule proposal
President Trump’s August 7, 2025 executive order told the Labor Department to make it easier for 401(k) plans to offer alternative investments such as private equity, private credit, real estate, commodities, and certain lifetime‑income strategies. In March 2026, DOL followed with a proposed rule creating “safe harbor” procedures for plan sponsors that choose these investments, though the rule is not yet final and is still under review after a public comment period that closed June 1, 2026.
Source: Aol ·
Your 401(k) menu could soon include riskier, harder-to-value assets like private equity and real estate—and you may have limited time to understand what's coming. If you're 10 years from retirement, a shift toward alternatives in your plan could mean higher volatility in years when you can least afford it. The proposed rule isn't final yet, so changes won't happen overnight, but plan sponsors who adopt these investments will be following new DOL procedures designed to shield them from liability. Worth checking with your plan administrator about whether your employer is monitoring this rule's final status and what communication you'll receive if alternatives appear on your ballot.
- •The executive order directs DOL to loosen barriers for 401(k) plans to include alternative assets like private equity, private credit, real estate, infrastructure, digital assets, and certain annuity‑type products.[11]
- •DOL’s March 30, 2026 proposed rule would give plan sponsors a process‑based “safe harbor” if they follow specific due‑diligence steps when adding these investments, potentially increasing their use in retirement plans.[11]
- •Because the rule is still proposed and not final, plan lineups will not change immediately, but future 401(k) menus could become more complex and higher risk if alternatives are added.
Mid‑career savers should watch their 401(k) investment menu over the next year or two, as new rules could lead to more complex alternative options that may offer higher return potential but also higher fees and risk.