Your 401(k) is Changing: Trump Opens the Door to Private Assets, Cryptocurrency

Democratizing access to asset classes isn’t reserved for startups and fintechs only. President Donald Trump is also trying to pave the way for everyday investors to invest in alternative investments through their 401(k)s or other defined-contribution plans.

Trump just signed an executive order directing the Labor Department and the Securities and Exchange Commission to issue guidance allowing employers and plan sponsors to include private assets in 401(k) plans.

That means employees could have access to investments such as private equity, hedge funds, private credit, real estate investment trusts (REITS) and venture capital funds through their 401(k)s. Trump is also making it easier for plan sponsors to include cryptocurrency in 401(k) plans.

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It's part of the president’s efforts during his first six months in office to make his mark on retirement accounts in America. Earlier this year, the president’s Department of Labor (DOL) rescinded 2022 Biden-era guidance calling on plan sponsors to use "extreme care" when considering crypto investments.

That change relieves regulatory pressure on plan sponsors. The DOL is scaling back what it says is overreach on the part of government agencies. This move aligns with Trump's strong support for the cryptocurrency industry. Allowing private assets into 401(k)s is another example of Trump’s deregulation penchant.

Under Trump, “there’s going to be more access, fewer limitations, fewer restrictions and more options available for individuals within 401(k) structures,” says Sarah Gaymon, CPA, director of tax services at Berkowitz Pollack Brant Advisors + CPAs. “Within the next couple of months or years, there will be even more exciting options.”

Private assets in 401(k)s: How it might work

The executive order aims to “relieve the regulatory burdens and litigation risk that impede American workers’ retirement accounts from achieving the competitive returns and asset diversification necessary to secure a dignified, comfortable retirement."

While it's unclear how it'll work, private assets are expected to be included in 401(k)s primarily via managed accounts. This means investors would likely access them through structured products, such as specialized funds, rather than owning individual private assets directly.

“These types of vehicles made available inside a 401(k) are best delivered in a professionally managed solution or a target-date fund with advice wrapped around that,” said Matt Radgowski, CEO of Halo Investing. That means investors will pay more for access to private assets than they would for investing in a stock or bond ETF.

Proponents of including private assets in 401(k)s argue it brings much-needed diversification to defined contribution plans beyond stocks and bonds. It's something high-net-worth savers have been asking for.

“Adding diversifying asset classes to a defined contribution portfolio can generate four or more years of additional retirement income,” says Josh Cohen, managing director and head of client solutions at PGIM DC Solutions.

“Many of these could be particularly beneficial to pre-retirees and retirees, given the characteristics of such asset classes intended to protect against downside risk and inflation,” he says.

In addition to providing diversification, it could also provide individuals in higher-income tax brackets who live in high-tax states with tax advantages, granted they understand the risks with these types of investments, says Gaymon.

They would get tax-deferred growth and potential tax deductions on the contributions, depending on whether they were contributing to a traditional or Roth 401(k).

The downsides of private assets in 401(k)s

As with everything in life, there are pros and cons. On the con side, having access to private assets will likely cost more, plus, there are liquidity concerns.

“Some of these investments are not as liquid as regular stocks. Private investments have longer hold periods, and when retirees do need money, will they have the ability to make withdrawals?” says Gaymon. When adding it to the asset mix, it will need to be planned with care, she says.

Then there’s the quality aspect. If private assets become a popular way to invest in 401(k)s, Radgowski worries there will be a dearth of quality vehicles in which to invest. He says there could be a scarcity of quality, which could increase the risk for 401(k) investors.

Leveling the playing field shouldn’t come at a cost

The Trump administration is focused on providing investors with more access, making it easier to invest in private assets and cryptocurrency via defined-contribution plans, which could bring more diversification and potentially better returns.

Like anything else, there are risks and rewards to that approach.

Investors must do their part to ensure they understand those risks, and the industry has to do its part to ensure they have investors' best interests in mind.

“It's really important to couple more access with a firm focus on fiduciary responsibility and the best interest of the client,” says Radgowski. “If those two things are not fully aligned in lock step … it will be massively detrimental to their ability to save and retire comfortably.”

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