I don’t want bitcoin or private equity in my 401(k). What can I do?

I am highly alarmed by the proposed changes to retirement accounts. How do I keep my retirement out of harm’s way?

Historically, the Employee Retirement Income Security Act of 1974 holds plan administrators to a strict fiduciary standard. Following an August 2025 executive order signed by President Donald Trump, the Trump administration and the private-equity industry are taking steps to allow private equity to be included in retirement accounts.

Proponents argue it would provide everyday investors with access to the same higher-yield assets that have traditionally only been available to institutional investors and the very wealthy. To my ears, the pitch is “come play with the high rollers of Wall Street and we will promise you the moon.” My motto for decades has been slow and steady mutual funds.

Allowing bitcoin BTCUSD and private equity into my portfolio is a hard no. What are the options for safeguarding my autonomy over my funds?

Retiree

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The main thrust of your letter is indeed correct and you’re not the only one who feels that way. Last month, Trump signed an executive order, titled “Democratizing Access to Alternative Assets for 401(k) Investors,” that would allow the U.S. Department of Labor and other federal agencies to create more exposure for “alternative assets,” including private equity, real estate and digital assets for defined-contribution retirement plans.

The White House states that fiduciaries of 401(k) and other defined-contribution retirement plans “must carefully vet and consider all aspects of private offerings, including investment managers’ capabilities, experiences, and effectiveness managing alternative asset investments. They do so to protect the Americans whose retirement accounts they administer and for whom they have fiduciary duties to invest safely and prudently.”

An important caveat: The executive order is designed to provide guidance and does not itself constitute a piece of legislation. Instead, it directs the Securities and Exchange Commission to consult with the Department of Labor to explore more ways to allow 401(k) plan participants to have greater access to alternative assets. The Department of Labor may issue proposed legislation and invite members of the public to comment.

Law firm Cleary Gottlieb recently advised investors to wait and see how the Department of Labor and the SEC respond. “We expect to see an increase in partnerships between private funds, investment managers and traditional 401(k) platform providers,” it says. “We may also see a greater number of plan fiduciaries willing to provide participants with access to alternative assets (including private funds) through managed accounts within 401(k) plans.”

To your point, it’s more likely you will be given the option on how you would like your retirement funds invested if and when there is more cooperation between private funds, investment managers and traditional 401(k) providers. “These managed accounts typically require participants to opt-in, thus creating a natural avenue to ensure appropriate disclosures are provided and to mitigate claims from ‘unknowing’ participants,” Cleary Gottlieb says.

The problem for retirees and retail investors like yourself and millions of other Americans is one of transparency, low volatility and low liquidity. When you invest in the Dow Jones Industrial Average DJIA, S&P 500 SPX or Nasdaq COMP, stocks are openly traded. Private equity, however, puts money in private firms that are not legally required to offer shares or detailed financial accounting to the wider public. You can read more about the implications of the executive order here.

It could take years for this to actually happen, so do not panic. “While that [executive order] may ultimately result in retirement-plan fiduciaries choosing to include alternative investment options within the plans they oversee, you should take some solace in the fact that plan administrators will continue to be held to a fiduciary standard, and it should not limit your access to more traditional investment choices,” says Martin Schamis, head of wealth planning at Janney Montgomery Scott in Philadelphia.

“You should continue to have access to a selection of investment choices to build a suitably diversified portfolio within your retirement plan even if alternatives are added to the lineup,” Schamis adds. “We generally suggest you work with a professional to determine the appropriate allocation for your situation. Traditionally speaking, your target allocation should include broad asset classes consisting of domestic and international equities and fixed income.”

Diversification is, for the most part, a positive thing for your retirement funds, and this provides a new outlet for retail investors. “Alternative assets, including private equity, real estate, commodities, and other investments can provide additional diversification within a portfolio, both serving to reduce risk and potentially increasing return,” he says. “The traditional hurdle for most investors in accessing these investments has been one of scale and costs.”

Talk to your adviser about these options. “If one outcome of this order is to broaden access at reasonable cost to nontraditional investments, it is possible that including them in your overall allocation could result in a better-diversified portfolio,” Schamis says. “And in any event, you should continue to have control over your own allocation, along with a broad selection of traditional investment options to build the appropriate portfolio.”

Mayer Brown, an international law firm, outlined some of the aspects of this executive order, and its limitations, which may put your mind at ease — at least for now. “The order does not change existing law regarding the types of investments that may be offered in a defined contribution plan. Investment products that include private market assets have been around for nearly two decades,” the law firm says.

“Nor does the order suggest that private market assets should be offered as standalone investments in plan investment lineups. Rather, the order recognizes that private market assets are typically offered as part of a custom target-date fund, a multi-asset class fund, or as part of an account that is managed by a sophisticated investment manager,” it adds. “The order recognizes that retirement investing appropriately considers the long-term time horizon.”

The order also aims to address excessive fee litigation and wants the Department of Labor to help fiduciaries and plan sponsors comply with their obligations when navigating alternative investment products, Mayer Brown adds. “The order opens the path for DOL to issue new regulations and guidance that may help curb some of this litigation, including providing certain protections for plan sponsors and fiduciaries who consider private market assets,” it says.

Most retail investors and employer-based retirement plans do not have exposure to private equity within their 401(k) plans, which some experts argue puts most Americans at a financial disadvantage compared with wealthy institutional investors and those who participate in public-pension plans. But in any case, there is a long regulatory process ahead before you can expect to see any possible changes to your 401(k)’s exposure to alternative assets.

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