
Labor Department Proposes Rule to Open 401(k)s to Crypto and Private Assets
Key Takeaways
- Labor Department proposes rule to include crypto, private equity, real estate in 401(k)s.
- Rule follows Trump executive order to expand access to alternative investments.
- Proposal aims to democratize retirement investing for millions of Americans.
Rule Expands 401(k) Options
The Department of Labor proposed a rule to make it easier for 401(k)s to include alternative assets.
The proposal follows an executive order from President Trump.

Labor Secretary Chavez-DeRemer said the rule will reflect the investment landscape as it exists today.
Safe Harbor to Reduce Litigation
The rule creates a safe harbor to shield plan sponsors from litigation.
It identifies six factors fiduciaries must consider.

The plan would apply to roughly 721,000 retirement plans covering 118 million workers.
Industry Benefits and Concerns
The rule could open trillions in retirement capital to asset managers.
Adoption is likely to be slow.
Some advisors expressed concerns about investor knowledge and experience.
Political and Economic Context
The Biden administration issued a now-rescinded compliance release on crypto.
The Labor Department proposal is consistent with a broader deregulatory push.

The Trump administration called this an initial step in implementing the Executive Order.
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