The US Department of Labor has proposed a landmark rule that would allow 401(k) retirement plans to include alternative assets, such as cryptocurrencies, private equity, and real estate. This move follows an executive order signed by President Trump in August 2025 directing the agency to expand retirement investment options.
Defining Alternative & Digital Assets
The draft rule defines digital assets as:
“A new form of investing that includes a wide variety of assets that can be stored and transmitted digitally, including cryptocurrencies such as bitcoin and other tokens.”Plan managers will now be guided on how to incorporate these assets safely, assessing performance, fees, liquidity, valuation, and complexity.
A Safe Harbor for Retirement Plans
If finalized, the rule would create a safe harbor under the Employee Retirement Income Security Act (ERISA), allowing plan managers to include alternative assets without legal risk, provided they follow rudent processes.
Key Takeaways
- 401(k) plans could now include crypto, private equity, and real estate.
- Plan managers must evaluate investment options based on risk, liquidity, fees, and performance.
- Americans held ~$10.1 trillion in 401(k) plans at the end of 2025.
- 60-day public comment period to follow publication in the federal register.
- Potentially opens a huge market for digital assets in retirement accounts.
Support & Criticism
“This proposed rule is an initial step in implementing the President’s Executive Order in a safe and smart manner, broadening access to additional retirement plan options for millions of Americans while protecting retirement assets.” — Treasury Secretary Scott Bessent“The department's days of picking winners and losers are over. Managers must evaluate all potential product offerings prudently.” — Deputy Secretary of Labor Keith SonderlingHowever, critics like Senator Elizabeth Warren warn of potential risks, stating that adding cryptocurrencies and private equity to retirement plans could expose millions of Americans to volatile and high-risk assets.
Next Steps!.
The Labor Department will open a 60-day comment period after publishing the proposal in the federal register. During this time, stakeholders can provide feedback on the framework, its risks, and safeguards.
This proposal could reshape retirement investing, giving millions of Americans new ways to diversify their portfolios while introducing unprecedented regulatory considerations for plan managers.
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