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Trump Opens 401(k) Plans to Crypto, Private Equity and Real Estate

Federal regulators must rewrite ERISA rules to govern high-risk asset inclusion under Trump’s executive order.

President Donald Trump speaks in the Oval Office, Aug. 6, 2025, in Washington. (AP Photo/Alex Brandon)
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Overview

  • President Trump signed an executive order on August 7 directing the Labor Department to allow cryptocurrencies, private equity and real estate in 401(k) retirement plans.
  • The order tasks the Labor Department, Treasury Department and SEC with clarifying fiduciary duties and liquidity standards for alternative asset offerings.
  • Bitcoin rallied more than 2 percent to about $117,000 as traders speculated that up to $12.5 trillion in retirement savings could flow into new asset classes.
  • Asset managers and legal experts expect a phased adoption pending detailed rulemaking and foresee potential litigation over suitability, valuation and disclosure.
  • Critics warn that including speculative, illiquid investments may burden savers with higher fees and expose plan sponsors to heightened legal risk.