The US Labor Department has moved closer to changing retirement investment rules after submitting its final alternative-assets proposal for White House review. The regulation could make it easier for employers to consider cryptocurrency, private equity, and real estate within 401(k) investment plans. The Office of Information and Regulatory Affairs received the package on November 5.
Final Review Could Reshape Retirement Investment Options
According to a Bloomberg Law report, the proposed regulation introduces a six-factor assessment for retirement plan managers considering alternative investments. These factors include performance, fees, liquidity, valuation, benchmarks, and investment complexity.
Consequently, employers could gain stronger legal protection when selecting alternative assets through documented investment reviews. However, the proposal does not require retirement plans to include Bitcoin or other cryptocurrencies.
The department introduced the proposal in March, following President Donald Trump’s August 2025 executive order. Additionally, the DOL reversed earlier guidance that urged fiduciaries to exercise extreme caution around cryptocurrency investments.
Bitcoin Exposure Could Gain Institutional Access
Significantly, the final rule could change how retirement managers approach digital assets. More than 90 million defined-contribution savers could eventually benefit from broader investment choices.
However, actual adoption will depend on individual employers and retirement plan committees. Besides, investment risks and fiduciary responsibilities will remain important considerations.
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