Labor Department Proposes Rule for Alternative 401(k) Assets

New rule aims to open retirement plans to crypto, real estate, and private-market investments.

Mar. 30, 2026 at 2:56pm

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The U.S. Department of Labor has proposed a new rule that would allow people to invest in alternative assets like cryptocurrency, real estate, and private-market products through their 401(k) retirement plans. The goal is to deliver on the promise of a 'new golden age' for retirement by expanding investment options beyond traditional stocks and bonds.

Why it matters

This proposed rule represents a major shift in how 401(k) plans can be structured, potentially opening the door for more Americans to access alternative investments that have historically been restricted from retirement accounts. However, there are concerns about the risks and complexity of some alternative assets, and how they could impact the long-term stability of retirement savings.

The details

The Labor Department's rule calls for 401(k) fiduciaries to carefully consider factors like performance, fees, liquidity, valuation, and complexity when determining if alternative assets are appropriate for their plans. The rule would also create 'safe harbors' to legally protect fiduciaries who choose to implement alternative investments, addressing a key concern that has made some plans hesitant to offer these options.

  • The Labor Department proposed the new rule on March 30, 2026.
  • The proposed rule is now open for a 60-day public comment period before being finalized.

The players

U.S. Department of Labor

The federal agency responsible for administering and enforcing laws related to employee benefits, wages, hours, and safety.

Lori Chavez-DeRemer

The U.S. Secretary of Labor who announced the proposed rule, stating the goal is to 'deliver on President [Donald] Trump's promise for a new golden age' of retirement savings.

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What they’re saying

“Our goal is to deliver on President [Donald] Trump's promise for a new golden age by fostering a retirement system that allows more Americans to retire with dignity. This proposed rule will show how plans can consider products that better reflect the investment landscape as it exists today.”

— Lori Chavez-DeRemer, U.S. Secretary of Labor

What’s next

The proposed rule is now open for a 60-day public comment period before being finalized by the Labor Department.

The takeaway

This rule represents a major shift in how 401(k) plans can be structured, potentially expanding access to alternative investments like cryptocurrency and private equity. However, there are concerns about the risks and complexity of these assets, and how they could impact the long-term stability of retirement savings.