401k Investing for Newbies and Nerds

Season 2 Episode 5 New Menu Items Coming to a 401k Near You

george l. morgan

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In August of 2025, President Trump sign an executive order directing the Department of Labor to investigate how to include private equity and cryptocurrency on the investment menu of the nation’s 75,432 401k plans. There are a number of significant obstacles to this directive. The first biggie is how to do 401k plan participants get access to these non-exchange traded alternative investments? 

The second significant obstacle to Trump’s plan is the Supreme Court’s Tibble vs Edison decision which ruled that employers must provide their 401k employees with reasonable priced mutual funds or compensate them for their losses. What followed was a decade of lawsuits the lined the coffer of the plaintiffs’ lawyers and resulted in a push to include low-cost index funds in every 401k menu. 

This week, Trump’s quest to included alternate investments in all the nations 401k plans reached lift off status when the WSJ carried an op ed piece written by the Secretary of Labor. She declared that her department was moving ahead with regulations that would allow the inclusion of alternative investments in 401k mutual fund menus and they were carving out regulations that would protect employers from lawsuits involving excessive fees restrictions set forth in the Tibble vs Edison decision. 

In this episode of my podcast, I will provide further details on this issue, beginning with a brief history of how we got to this point. I will also examine how the financial service industry could manufacture products that allow 401k investors access to “alternative investments.” 

I will conclude with my thoughts on how newbies and nerds should react to this developing situation. 



 

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