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

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5 months ago

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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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$20,000 Caution Bond Requirement for US Visa Applications imposed on 50 Countries

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6 days ago

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August 8, 2026

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The United States Department of State has officially implemented a revised visa policy introducing a mandatory posting requirement for caution payments of up to $20,000 on select foreign travel applications. Under the updated regulatory framework, consular officials are authorized to require temporary nonimmigrant visa applicants from targeted foreign countries to post a refundable financial bond of $20,000 as a condition for visa issuance. The policy mechanism is designed to address diplomatic concerns regarding high overstay rates among temporary visitor, business, and educational visa categories.

The caution bond pilot program applies selectively to foreign nationals from designated countries whose diplomatic entities record historical visa overstay rates exceeding established federal thresholds. Under administrative guidelines published by the State Department, the full financial deposit is posted directly to a dedicated federal escrow account prior to final visa issuance. The entire caution payment is automatically refunded to the applicant upon verified proof of timely departure from the United States in strict compliance with the authorized duration of stay. Conversely, failure to depart within the legal timeframe results in full forfeiture of the posted financial bond to the United States government.

Diplomatic representatives and travel policy experts have expressed varying perspectives regarding the operational implementation of the caution bond system. Administration officials emphasize that the measure serves as an effective, market-based incentive to enforce international travel compliance and preserve domestic immigration security standards. However, international trade organizations and foreign diplomatic missions have raised concerns regarding the financial burden imposed on legitimate business travelers, foreign students, and commercial partners from developing nations.

The United States finalized the rule to make the temporary visa bond program permanent, taking effect on August 3, 2026. The updated permanent regulation replaces the prior 12-month pilot, eliminates the lowest $5,000 tier, and raises the maximum required bond amount to $20,000 for specific B-1/B-2 business and tourist visa applicants.

Here is the list of the 50 countries on the list as o August 3, 2026

African Nations (31 Countries)

  • Algeria
  • Angola
  • Benin
  • Botswana
  • Burundi
  • Cabo Verde (Cape Verde)
  • Central African Republic
  • Côte d’Ivoire (Ivory Coast)
  • Djibouti
  • Ethiopia
  • Gabon
  • The Gambia
  • Ghana
  • Guinea
  • Guinea-Bissau
  • Lesotho
  • Malawi
  • Mauritania
  • Mauritius
  • Mozambique
  • Namibia
  • Nigeria
  • São Tomé and Príncipe
  • Senegal
  • Seychelles
  • Tanzania
  • Togo
  • Tunisia
  • Uganda
  • Zambia
  • Zimbabwe

Asian & Eastern European Nations (11 Countries)

  • Bangladesh
  • Bhutan
  • Cambodia
  • Georgia
  • Kyrgyzstan
  • Mongolia
  • Nepal
  • Papua New Guinea
  • Tajikistan
  • Turkmenistan
  • Uzbekistan

Caribbean & Latin American Nations (5 Countries)

  • Antigua and Barbuda
  • Cuba
  • Dominica
  • Grenada
  • Venezuela

Oceanian Nations (3 Countries)

  • Fiji
  • Tonga
  • Vanuatu

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Personal Finance

Next-Generation Retirement Planning: Managing Longevity Risk and Variable Income Streams

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1 week ago

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August 7, 2026

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Retirement planning strategies are evolving in 2026 to address increased life expectancies, shifting dynamic market conditions, and the transition away from traditional defined-benefit pensions. Individual investors and financial advisors are abandoning rigid retirement models in favor of flexible, multi-asset strategies designed to mitigate longevity risk and preserve purchasing power over multi-decade retirement horizons.

Mitigating Longevity Risk with Dynamic Asset Allocation
As average life expectancies extend past eighty-five years, one of the primary financial risks facing retirees is outliving their accumulated wealth. Traditional fixed income allocations—such as the standard 60/40 equity-to-bond portfolio—are being reevaluated to ensure portfolios generate sufficient capital growth alongside reliable income.

Financial planners recommend maintaining a meaningful equity allocation throughout retirement to offset long-term inflation erosion. High-dividend equity funds, global real estate investment trusts (REITs), and inflation-indexed Treasuries are combined to create diversified portfolios that deliver both growth and income stability.

The Transition to Dynamic Withdrawal Strategies
The classic “4% safe withdrawal rule” is increasingly replaced by dynamic withdrawal strategies that adapt annually based on market performance. Under a dynamic withdrawal framework, retirees adjust their annual distribution rates within pre-set caps and floors:
– Market Upside: During strong market returns, retirees can increase discretionary spending or fund family legacy gifts.
– Market Downturns: During market pullbacks, spending distributions are temporarily reduced to prevent sequence-of-returns risk and preserve core investment principal.

Guaranteed Lifetime Income Options and Deferred Annuities
To establish a guaranteed baseline for essential living expenses, individuals are incorporating modern fixed-indexed and deferred longevity annuities into their broader retirement architectures. Modern annuity structures offer competitive return caps, transparent fee schedules, and inflation-adjustment options.

By funding essential expenses—such as housing, healthcare, and insurance—with guaranteed income streams from Social Security, pensions, and annuities, retirees can manage discretionary investment portfolios with greater flexibility and lower emotional stress during market volatility.

Actionable Steps for Future Retirees
1. Calculate Baseline Retirement Expenses: Determine fixed living costs and map guaranteed income sources to cover essential expenditures.
2. Adopt Flexible Withdrawal Rules: Implement dynamic spending rules to protect investment principal against market downturns.
3. Incorporate Inflation-Protected Assets: Maintain exposure to dividend-growing equities and inflation-indexed bonds to safeguard long-term purchasing power.

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Personal Finance

Building Generational Wealth: Family Governance, Estate Tax Optimization, and Asset Protection

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2 weeks ago

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August 1, 2026

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As the largest intergenerational transfer of wealth in history accelerates, high-net-worth families, entrepreneurs, and individual investors are placing heightened emphasis on comprehensive estate planning, family governance, and asset protection. Preserving capital across generations requires a balanced approach combining tax-efficient legal structures with open family communication and financial literacy education.

Optimizing Estate Tax Exemptions and Trust Structures
With potential modifications to federal estate tax exemption thresholds on the horizon, proactive estate planning is essential for high-net-worth households. Estate planning attorneys and wealth advisors are establishing multi-generational trust structures to transfer wealth efficiently while minimizing estate and gift tax exposure.

Popular structural strategies include:
– Irrevocable Life Insurance Trusts (ILITs): Utilizing life insurance proceeds to provide liquidity for estate tax obligations without expanding the taxable estate.
– Grantor Retained Annuity Trusts (GRATs): Transferring rapidly appreciating assets to beneficiaries with minimal gift tax consequences.
– Dynasty Trusts: Preserving wealth across multiple generations while providing long-term asset protection from creditor claims and legal liabilities.

Establishing Family Governance and Financial Education
Legal and financial structures alone cannot guarantee long-term wealth preservation without effective family governance. Financial advisors report that a significant percentage of multi-generational wealth dissipation stems from lack of communication and inadequate financial preparation among heir generations.

Families are establishing formal family governance frameworks, including periodic family meetings, written mission statements, and structured philanthropic foundations. Involving younger family members in charitable grant-making and investment discussions fosters financial stewardship and prepares heirs to manage family assets responsibly.

Digital Asset Custody and Legacy Planning
In today’s modern economy, estate planning must extend beyond physical real estate and traditional brokerage accounts to encompass digital assets. Comprehensive estate plans now include detailed inventories and legal access protocols for corporate domain names, intellectual property, digital media rights, and cryptocurrency holdings.

Fiduciaries and estate executors should be provided with secure, encrypted access mechanisms and clear legal authority to manage and transfer digital holdings in accordance with the owner’s estate directions.

Practical Steps for Legacy Planning
1. Review and Update Estate Documents: Ensure wills, revocable trusts, and power-of-attorney designations accurately reflect current family structures.
2. Establish Structured Trusts: Utilize irrevocable trusts to protect assets from creditors and minimize future estate tax liabilities.
3. Create a Digital Estate Inventory: Document access protocols and legal permissions for all online accounts, intellectual property, and digital assets.

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