The 401(k) alternative assets rule reaches White House review, nearing release

The U.S. Department of Labor’s 401(k) alternative assets rule reached the White House on Thursday for final review, advancing a regulation that would ease the inclusion of private equity, real estate and cryptocurrency in retirement plans.

The final rule is now with the Office of Information and Regulatory Affairs, a step that signals it is nearing completion and public release. The measure concerns the process for adding alternative investments to 401(k) investment menus.

The department proposed the regulation on March 30, 2026. That proposal drew thousands of responses during the public comment period, before the final rule moved to White House review.

401(k) alternative assets rule includes a fiduciary safe harbor

The proposed regulation would offer a legal safe harbor to fiduciaries who satisfy six evaluation factors when adding private assets to a plan’s investment menu.

The proposal identifies performance, fees, liquidity, valuation, performance benchmarks and complexity as the six factors fiduciaries must satisfy to qualify for the safe harbor.

The assets covered span private equity, real estate and cryptocurrency. The rule seeks to ease their inclusion in retirement-plan investment menus, while the proposed safe harbor ties legal protection for fiduciaries to those six evaluation factors.

Article produced with the assistance of artificial intelligence and reviewed by the editorial team.