News & Analysis as of

Retirement Plan 401k Executive Orders

Epstein Becker & Green

We’re Not in Kansas Anymore: ESG, Cryptocurrency, and Alternative Asset Investments in 401(k) Plans, Oh My!

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What You Need to Know - The Trump Administration has shifted away from Biden-era rules related to certain investments, like alternative asset investments, ESG, and cryptocurrency in 401(k) plans....more

Holland & Knight LLP

Executive Order Calls for More Access to Retirement Plan Alternative Asset Investment Options

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President Donald Trump on Aug. 7, 2025, signed an executive order (EO), "Democratizing Access for 401(k) Investors," and published a related fact sheet. The EO expresses the policy of the Trump Administration that "every...more

Jones Day

White House Opens Door to Broader Inclusion of Alternative Assets in Defined Contribution Retirement Plans

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A hotly anticipated August 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors" ("EO"), aims to reduce regulatory barriers and significantly expand access to "alternative...more

Verrill

Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments!

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Participants in 401(k) plans and other defined contribution retirement plans may soon have the opportunity to invest their plan accounts in a variety of high-risk and potentially high-return assets. Touted as an effort to...more

Eversheds Sutherland (US) LLP

White House issues executive order: “Democratizing Access for Alternative Assets for 401(k) Investors”

On August 7, 2025, the White House issued an executive order called “Democratizing Access to Alternative Assets for 401(k) Investors” (Order). The Order focuses on 401(k) plans and other participant-directed defined...more

Morrison & Foerster LLP

Executive Order Targets Access to Alternative Assets in Retirement Plans

On August 7, 2025, President Trump signed an Executive Order (the “Order”) aiming to facilitate the use of alternative investment assets, such as private equity, real estate, venture capital, digital assets, and hedge funds,...more

Holland & Hart - The Benefits Dial

I Might Be In Oklahoma But I’m Not OK … Fiduciary Considerations Following Executive Order Allowing Private Equity in 401(k)s

Last week the White House issued an executive order directing the Department of Labor (DOL) and Securities and Exchange Commission (SEC) to facilitate 401(k) participants’ access to alternative investments, including private...more

Davis Wright Tremaine LLP

Is Your Defined Contribution Plan Ready for Alternative Assets?

President Trump has issued an Executive Order ("Order") to enable defined contribution plans (e.g. 401(k) and 403(b) plans) to invest in "alternative assets," such as private equity, real estate and digital assets. The Order...more

Brownstein Hyatt Farber Schreck

White House Releases Executive Order Expanding Access to Alternative Assets in Retirement Plans

On Aug. 7, President Trump signed an executive order (EO) titled “Democratizing Access to Alternative Assets for Retirement Savers,” directing the Department of Labor (DOL) and other federal agencies to facilitate broader...more

Mayer Brown

President Trump Signs Executive Order Seeking to Expand Availability of Alternative Assets in 401(k) Plans

Mayer Brown on

On August 7, 2025, President Donald Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Order”), which encourages the US Department of Labor (“DOL”) and other federal...more

Carlton Fields

Plan Sponsor and Asset Manager Considerations Under 401(k) Alternatives Executive Order

Carlton Fields on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” designed to open the use of alternative investments, including private equity and actively...more

King & Spalding

Executive Order Seeks to Promote Incorporation of Alternative Assets in 401(k) Plans

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On August 7, 2025, President Trump issued an executive order entitled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Executive Order”),1 requiring the Department of Labor (“DOL”) and the Securities...more

Morgan Lewis

Crypto, Private Equity, and Real Estate in Your 401(k)? Latest Executive Order Could Redefine Retirement Investing

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The US administration issued an executive order aiming to expand access to alternative investments, including cryptocurrency, private equity, and real estate, in ERISA-governed retirement accounts....more

Goodwin

Trump Administration’s Executive Order to Facilitate Availability of Alternative Assets in Defined Contribution Plans: What Does...

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On August 7, 2025, the Trump Administration issued a long-awaited executive order (the “Executive Order”) to encourage sponsors of 401(k) and other participant-directed defined-contribution plans that are governed by the...more

Lathrop GPM

New Executive Order Opens the Door for Alternative Assets as 401(k) Plan Options

Lathrop GPM on

On August 7, 2025, President Trump signed an Executive Order entitled, Democratizing Access to Alternative Assets for 401(K) Investors (“the EO”), which directs the U.S. Securities and Exchange Commission and the Department...more

Jackson Walker

2025 Regulatory Review: Implications for Retirement Plans and Employer Actions

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The first few months of 2025 brought the potential for many changes. On January 20, 2025, one of the Executive Orders pulled back all proposed regulations that had been issued in the last 60 days, including proposed...more

Jackson Lewis P.C.

National Employee Benefits Day: Reflecting on Our Favorite Holiday

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Each year, National Employee Benefits Day is a chance to reflect on the ever-changing landscape of employer-sponsored benefits. Indeed, this year may be the most pivotal since 2020’s COVID-19 relief guidance. Affecting the...more

DLA Piper

Institutional Investor Newsletter: Q1 2025

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Former President Joe Biden issued Executive Order (EO) 14105, “Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” on August 9, 2023. More...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL changes? Maybe not so fast

With the change of Presidential administrations, there was certainly a discussion on what the Department of Labor (DOL) may do under President Trump regarding 401(k) plans. As far as regulations, an Executive Order may halt...more

Mintz

The time is now to get acquainted with the issues concerning the future of money and digital assets

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The future of money and digital assets is a vast topic that presents numerous challenges, and it has even caused debate as to whether cryptocurrency is a prudent retirement plan investment. In its July 1, 2022 In Focus...more

Verrill

Department of Labor Guidance and Federal Initiatives Counsel a Wait-and-See Approach for 401(k) Plan Fiduciaries Interested in...

Verrill on

On March 10, 2022, the Department of Labor published Compliance Assistance Release 2022-01, 401(k) Plan Investments in “Cryptocurrencies”. The Release strongly discourages the addition of cryptocurrency (and other digital...more

Foodman CPAs & Advisors

U.S. Department Of Labor Has “Serious Concerns” Over 401(K) Plan’s Investments In Cryptocurrencies

The U.S. Department of Labor cautions plan fiduciaries to exercise extreme care before they consider adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants....more

Eversheds Sutherland (US) LLP

DOL makes no secret of its concerns about crypto

The U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2022-01 on March 10, 2022, cautioning 401(k) plan fiduciaries to “exercise extreme care” before they allow participant investments in cryptocurrency...more

Jackson Walker

Payroll Tax Relief and Latest Developments in Retirement Plans and Benefits

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Payroll Tax Relief Under CARES Act, FFCRA, and Executive Order - While the Coronavirus Aid, Relief, and Economic Security (CARES) Act permitted employers to defer depositing the portion of the FICA taxes the employer pays...more

Flaster Greenberg PC

New ERISA Regulation Expands Access to 401(k) Plans for Small Employers

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In response to an Executive Order issued by the President last year directing regulatory action to expand access to workplace retirement plans, the U.S. Department of Labor (DOL) issued final regulations on the definition of...more

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