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The Labor Department proposed a rule Monday that would make it easier for 401(k) plans to include alternative assets such as cryptocurrency, private equity, private credit, and real estate, potentially affecting more than 90 million Americans.
The proposal, issued by the department's Employee Benefits Security Administration, creates a safe harbor that could help shield plan sponsors from litigation when they add alternative investments to their lineups. It identifies six factors that fiduciaries must "objectively, thoroughly, and analytically consider" before selecting such investments: performance, fees, liquidity, valuation, performance benchmarks, and complexity. The department said it hopes to finalize the rule by the end of...