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401(k)s may use alternative investments: Labor Department proposal

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A sign is displayed at the Department of Labor Frances Perkins Building on June, 2025, in Washington.

Kevin Carter | Getty Images

The Department of Labor on Monday proposed a rule that would allow 401(k) plans to more easily include alternative assets such as cryptocurrency, real estate and private market assets.

The proposal is in response to President Donald Trump‘s executive order, released in August, which directed the Labor Department and the Securities and Exchange Commission to facilitate expanded access to alternative assets in 401(k)s.

“This proposed rule will show how plans can consider products that better reflect the investment landscape as it exists today,” Labor Secretary Lori Chavez-DeRemer said in a statement.

Proponents say including alternative investments in 401(k)s could provide retirement savers with greater diversification away from public markets and potentially higher returns. But some financial advisors have expressed concerns that many 401(k) investors lack the knowledge or experience to incorporate these more sophisticated investments, which can be riskier and more costly.

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The Labor Department proposal comes as private credit markets are under stress from investor redemptions and concerns about overexposure to software investments amid artificial intelligence disruptions.

Although 401(k) plans are already not prohibited from including alts, fears of lawsuits challenging their investment decisions have kept most plan sponsors on the sidelines, Labor Department officials said on a press call Monday morning.

The ‘retail revolution’ in alts: Here’s what investors need to know

The Labor Department rule creates a so-called safe harbor that can help shield plan sponsors from litigation. It identifies six factors for a plan fiduciary to “objectively, thoroughly, and analytically consider” when selecting alternative investments. The six factors are performance, fees, liquidity, valuation, performance benchmarks and complexity.

The rule is subject to further review, including a 60-day public comment period, before it can be finalized.

Why alts uptake in 401(k) plans may be slow

Even if finalized, adoption of the rule is likely to be slow, experts say.

“We remain skeptical that this will encourage fiduciaries to include alternatives in 401K plans until the courts have concurred that this language protects advisors from litigation,” Jaret Seiberg, financial services and housing policy analyst at TD Cowen, wrote Monday in a research note. “That means it could be several years before we see the real impact from this proposal.”

Erin Cho, a partner with the law firm of Mayer Brown in Washington, D.C., said the proposed rule does not change how alts can be included in 401(k) options. Investors can “only obtain limited exposure” through vehicles such as target-date funds, she said.

Why America’s retirement system gets a C+ rating while other countries scored higher

“Under this proposed rule, plan participants are not going to wake up one day and find a bunch of standalone private equity funds, private credit funds, crypto funds on the menu of their 401(k) plan,” Cho said.

Andrew Oringer, partner and general counsel in The Wagner Law Group’s New York City office, said the Labor Department proposal wouldn’t undo existing rules around the need for investors to be “accredited” to access standalone private-equity and other alts funds.

Along the same lines, employers would have to figure out how to offer alternative funds without running afoul of “nondiscrimination” rules in 401(k) plans, Oringer said. Those rules aim to prevent higher-income employees from accessing a benefit that’s unavailable to lower earners.

Alts funds are also relatively illiquid, meaning they may not be equipped, as structured, to easily handle withdrawals from 401(k) investors, Oringer said.

“You still need the practical impediments [for alts funds] to be sheared away,” Oringer said. “And for that you’d really need action from the SEC, and possibly even legislative action.”

Why alts may not work for the typical 401(k) investor

Even if alts were to become available, some financial advisors say most 401(k) investors would be better off without them.

The typical investor is better suited to owning an index fund with broad exposure to the stock market, a strategy that often outperforms professional investors and helps keep investment expenses low, Josh Brown, CEO of Ritholtz Wealth Management, said in an interview with CNBC in October.

“The average investor by definition does not need alternative assets in their portfolio,” Brown said.

There’s “absolutely no chance” 401(k) investors would get access to the best alts managers or the best funds, Brown said. Even if they did, they’d “pay through the nose for it” because they don’t have the buying power to reduce investment fees, he said.

“You are not the sovereign wealth fund of Norway,” he said. “You will not be treated that way.”

The Labor Department’s proposal builds on other actions the Trump administration has taken to ease uptake of nontraditional asset classes among a broader pool of retail investors.

For example, the Labor Department in May rescinded guidance put in place during the Biden administration that urged employers to be cautious before adding cryptocurrency and related digital assets like bitcoin, nonfungible tokens and meme coins to 401(k) plans.

At the time, the Biden labor officials cautioned employers to exercise “extreme care” before making such investments available to their workers, citing “serious concerns” about the prudence of exposing investors’ retirement savings to crypto, given “significant risks of fraud, theft, and loss.”

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Personal Finance

Maximizing Returns in High Rate Climate and market uncertainty

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Maximizing Returns in High-Rate Climate

In the macroeconomic environment of late July 2026, personal cash management requires an active, structured approach to wealth preservation. With central bank benchmark rates remaining elevated to ensure long-term disinflation, conservative yield-bearing vehicles—such as short-term U.S. Treasury bills, money market funds, and high-yield savings accounts (HYSAs)—continue to offer reliable nominal returns between 4% and 5%. For individual investors, maximizing net returns requires moving beyond passive checking accounts and executing a disciplined cash laddering strategy.

Leaving substantial liquid capital in traditional bank deposits creates an invisible drag on personal net worth due to ongoing inflation. By implementing a tiered liquidity framework, individuals can split emergency cash reserves and short-term capital allocations across rolling maturities. Allocating cash into 4-week, 8-week, and 13-week Treasury bills creates a continuous cycle of maturing liquidity, allowing investors to continuously reinvest capital at prevailing market yields while maintaining immediate access to emergency funds.

Tax efficiency represents a critical dimension of high-yield cash optimization. For high-earning individuals residing in states with substantial local income taxes, direct holdings in short-term U.S. Treasury instruments often deliver superior net post-tax yields compared to standard commercial bank HYSAs. Because interest earned on federal Treasury bills is strictly exempt from state and local taxation, investors can retain a larger portion of their compounding interest gains without taking on additional credit or market risk.

Ultimately, personal wealth accumulation in mid-2026 relies on intentional capital deployment. Cash should be managed as a productive asset class that generates consistent, risk-free returns. Regularly auditing account yield terms, automating recurring transfers, and leveraging tax-advantaged fixed-income instruments ensures that personal liquidity remains fully optimized against macroeconomic fluctuations.

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Personal Finance

Algorithmic Wealth Management: Balancing Automated Financial Planning with Human Oversight

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Balancing Automated Financial Planning with Human Oversight

The personal finance industry in July 2026 is experiencing a technological evolution, driven by the wide deployment of next-generation algorithmic wealth management tools. Modern digital financial platforms have expanded far beyond basic automated index investing; today’s robo-advisors utilize real-time tax-loss harvesting, dynamic portfolio rebalancing, and hyper-personalized spending analysis to optimize retail investor outcomes. However, as these digital solutions become ubiquitous, investors face the crucial challenge of balancing automated execution with human strategic judgment.

The core advantage of automated financial planning platforms lies in their ability to remove emotional bias from investment execution. During periods of market volatility or localized sector realignments, automated algorithms systematically rebalance portfolios back to target asset allocations without falling victim to panic selling or speculative enthusiasm. Furthermore, integrated cash-flow monitoring algorithms analyze individual spending patterns in real time, automatically sweeping surplus income into designated retirement or debt-liquidation accounts to accelerate net worth accumulation.

Despite these operational advantages, algorithmic tools have inherent structural limitations when addressing complex, highly personalized financial life events. Decisions involving multi-generational estate planning, highly complex tax strategies, small business exits, or nuanced real estate transactions require contextual human judgment that software models cannot replicate. Relying solely on automated models without periodic human professional review can result in misaligned risk profiles or overlooked tax liabilities during major life transitions.

The optimal approach for personal financial planning in late 2026 is a hybrid advisory model. Individuals should utilize automated platforms for routine asset allocation, continuous tax optimization, and low-cost passive index tracking, while engaging qualified human financial advisors for periodic strategic planning, estate structuring, and qualitative risk evaluations. This dual approach ensures maximum cost efficiency and disciplined execution while retaining essential strategic guidance.

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Personal Finance

High-Yield Optimization: Structuring Personal Cash Reserves in a Sustained Rate Environment

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Structuring Personal Cash Reserves in a Sustained Rate Environment

In the financial environment of mid-2026, personal cash management has re-emerged as a vital component of holistic wealth building. With central bank policy rates holding firm to maintain long-term price stability, yield-bearing instruments such as money market funds, high-yield savings accounts (HYSAs), and short-term Treasury bills continue to offer compounding returns around 4% to 5%. For individual investors, effectively structuring cash reserves requires shifting away from passive bank deposits toward active yield optimization.

A frequent pitfall in personal asset management is leaving substantial liquid capital in traditional checking or low-yield savings accounts, where real returns are continuously eroded by baseline inflation. By implementing a disciplined ‘cash ladder’ strategy—allocating liquid funds across tiered maturities using ultra-short Treasury instruments and FDIC-insured high-yield accounts—individuals can secure maximal yields while retaining immediate liquidity for emergency expenses or tactical investment opportunities.

Simultaneously, investors must evaluate the tax efficiency of their cash holdings based on their tax bracket and geographic location. For high earners situated in states with high local income taxes, direct holdings in short-term U.S. Treasury bills often yield a higher net post-tax return than standard high-yield savings accounts, as Treasury interest is strictly exempt from state and local taxation. Understanding these nuanced tax distinctions allows individuals to capture significant incremental gains without taking on additional market risk.

Ultimately, personal financial health in late 2026 hinges on intentional liquidity management. Cash reserves should not be viewed merely as static emergency funds, but as a dynamic asset class that contributes positively to net worth growth. Regularly auditing yield terms, automating cash transfers, and optimizing for post-tax efficiency ensures that personal capital remains fully productive across all economic conditions.

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