Private Markets in Retirement Plans: Unlocking Opportunities


In August 2025, the US President Donald Trump signed an executive order aimed at broadening the investments available in defined contribution plans (DC plans). On March 30, 2026, the US Department of Labor issued proposed guidance regarding a plan fiduciary’s selection of investments, including private market and other alternative investments, in 401(k) plans.1 US Secretary of the Treasury Scott Bessent commented, “This proposed rule is an initial step in implementing the President's Executive Order in a safe and smart manner, broadening access to additional retirement plan options for millions of Americans while being mindful of the importance of protecting retirement assets.”

The term alternative investments is often used as a catch-all to capture anything that is beyond stocks and bonds. The traditional definition includes private markets—private equity, private credit, private real estate and infrastructure—as well as hedge funds. Some may expand the definition to include cryptocurrencies, non-fungible tokens (NFTs), and other non-traditional investments.

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The proposed rule is based on the duty of prudence that the Employee Retirement Income Security Act of 1974 (ERISA) imposes on plan fiduciaries when selecting designated investment alternatives (DIAs) for a participant-directed individual account plan (Plan). The proposed rule does not specify which investments are or are not appropriate for fiduciaries to consider but instead outlines the process to be used in selecting investment options. The rule also includes a process-based safe harbor that identifies a non-exhaustive list of six factors to be used in evaluating investments by fiduciaries: performance, fees, liquidity, valuation, benchmarks and complexity.

Why does this matter?

Institutions and family offices have long recognized the value of including private markets for decades. Private markets have historically provided an illiquidity premium relative to their public-markets equivalents,2 attractive risk-adjusted returns, and diversification benefits.