White House Concludes Review of 401(k) Alternative Investment Rule

Liliana Martin Commentary by Liliana Martin

The White House Office of Information and Regulatory Affairs ("OIRA") concluded its review of a proposed rule by the Department of Labor ("DOL") that would clarify the agency’s position on alternative assets in 401(k) plans.

An August executive order from President Donald Trump directed the DOL’s Employee Benefits Security Administration to revisit its guidance on alternative asset investments in plans subject to the Employee Retirement Income Security Act of 1974 within 180 days. (See previous coverage.)

With OIRA’s review complete, the DOL is expected to publish the proposed rule in the coming weeks.

Commentary

Regulatory momentum around alternative assets in retirement plans is accelerating. With the DOL advancing its review, we’re moving another step toward a more modern, diversified retirement ecosystem that supports thoughtful innovation and prudent oversight. The DOL’s proposed rule is expected to be published in the coming weeks, marking an important milestone in this evolving landscape.

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