On August 7, 2025, President Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” This Executive Order has the potential to significantly change how retirement savings assets in employer-sponsored defined contribution plans, such as 401(k) plans, can be invested. 

Today, the vast majority of large defined contribution plans permit participant-directed investments. A plan’s investment menu is determined by the plan’s fiduciaries. Historically, plan fiduciaries have been hesitant to include alternative assets on these investment menus for fear that these investment options would be deemed imprudent and would subject the fiduciary to the risk of DOL enforcement action or participant litigation. The Executive Order signals a distinct policy shift by the federal government intended to expand investment options for participants in employer-sponsored defined contribution plans to allow for investment in “alternative assets,” defined as:

Specifically, the Executive Order provides the DOL with 180 days to:

In carrying out these tasks, the DOL is directed to coordinate with other relevant federal regulators, such as Treasury and the SEC.

It is important to note that—notwithstanding this Executive Order—there will still be significant challenges associated with inclusion of such alternative assets on plan menus. These types of investments carry substantial risks. Investments in these alternatives are typically quite volatile, illiquid, riddled with complex fee structures, and generally lack transparency. These characteristics don’t mesh well with the requirements associated with participant-directed plans. It is also possible that the guidance issued by the DOL pursuant to the Executive Order will be vacated by a court or reversed by a future administration. Given this uncertainty, it will be incumbent on plan fiduciaries to carefully assess these issues when deciding whether to offer these alternative assets as investment options to participants in their employer-sponsored defined contribution plans. 

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