DOL plan to let 401(k)s hold crypto and private funds could unlock trillions in new demand while triggering sharp warnings over fees, volatility and risk.
The U.S. Department of Labor (DOL) has proposed new rules that would allow 401(k) retirement plans to invest in alternative assets ranging from private equity and private credit to cryptocurrencies, potentially opening the $12.5 trillion defined contribution market to some of Wall Street’s riskiest products. The draft guidance, published Monday, seeks to “clarify how trustees can add alternative assets” into 401(k)s, offering fiduciaries a roadmap and legal protection if they document rigorous reviews of performance, fee structures and liquidity before adding such options. The proposal implements an executive order signed by President Donald Trump last summer that directed regulators to expand access to alternatives in retirement accounts, including digital assets such as Bitcoin and Ethereum.
Under the proposed framework, plan sponsors would not be required to offer crypto or private funds, but those that do would need to demonstrate that products meet “prudence” standards around diversification, valuation, redemption terms and participant understanding. Reuters reported that DOL officials emphasized the move “will not open the floodgates for private equity, private credit or crypto funds,” framing the rule instead as a way to remove blanket prohibitions and replace them with case‑by‑case analysis. The department opened a 60‑day public comment period that will run through late May, after which it can finalize, amend or withdraw the rule.
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