As advisers to President  Donald Trump  are considering a new directive to pave the way for private equity to become a bigger piece of $12.5 trillion 401(k) market, the Office of the Investor Advocate at the Securities and Exchange Commission (SEC) announced June 25 that it would prioritize the risks and benefits of “Private Market Investments in Retirement Accounts” as an objective for 2026, in its Report to Congress.

In last few months, private market investments in retirement plans have become a huge topic of discussion, as Larry Fink, CEO of BlackRock – the world’s largest asset management firm with more than $11 trillion in assets under management in 2024 – called for more private asset in 401(k) plans, in his annual letter to investors in April.

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Last month, Empower, the nation’s second largest 401(k) plan provider, launched a new program that will pave the way for private markets investments to be included within defined contribution plans. However, this week, Senator Elizabeth Warren (D-MA), Ranking Member of the Senate Banking, Housing, and Urban Affairs Committee, sent a letter to Empower Retirement CEO Edmund F. Murphy III seeking answers about the company’s new program “seeks to push retirement savers contribution plans into private equity and private credit, and the threats that these investments pose to Americans’ retirement savings,” ” wrote Sen. Warren.

“As part of an ongoing focus on the growth and evolution of the private markets, the Investor Advocate will explore some of the issues surrounding the inclusion of alternative investments, such as private equity and private credit, in retirement savings plans and their implications for retail investors,” read the report.

“For instance, if more plan sponsors offer plan participants exposure to private market investments through target date funds or managed accounts under defined contribution plans, there may be risks, as well as benefits, for retirement savers that include alternative investments as a component of their retirement accounts.”

“Private investment offerings and alternatives have been overlooked in DC plans for some time,” said Jeremy Stempien, Portfolio Manager and Strategist for PGIM DC Solutions. “The importance of these investments is as great as ever given the size of the DC market, the increased focus on investors nearing or in-retirement, and some of the key risks such as inflation that are more present than we’ve seen in decades.”

Empower has joined with established private markets managers and custodians, including Apollo, Franklin Templeton, Goldman Sachs, Neuberger Berman, PIMCO, Partners Group and Sagard, to offer these private investments through collective investment trusts (CITs) later this year. 

Historically, private markets have shown the potential to be a high-performing asset class but remain largely inaccessible for most retirement plan participants.

Related: BlackRock CEO calls for more private assets in 401(k) plans, in letter to investors

“As detailed in this report, our office continues to research and listen to all investors’ concerns and act as a constructive liaison between those investors and the Commission,” said Cristina Martin Firvida, the SEC’s Investor Advocate.

“In our prior reports, we have noted that the private markets have become an important avenue for investors seeking greater access to investment opportunities and an expanded menu of investment products for portfolio diversification,” the report states. “At the same time, we have also expressed concerns about the heightened risks of investing in the private markets, such as reduced, incomplete, or unreliable disclosure, limited liquidity, and greater risk of fraud and/or investment loss.”

The Investor Advocate will also consider for plan sponsors “the often-complex issues that arise under the Employee Retirement Income Security Act of 1974, such as fiduciary duties, when defined contribution plans offer these investment products.”

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Lynn Cavanaugh

Lynn Varacalli Cavanaugh is Senior Editor, Retirement at BenefitsPRO. Prior, she was editor-in-chief of the What's New in Benefits & Compensation newsletter. She has worked for major firms in the employee benefits space, Vanguard and Willis Towers Watson, as well as top media companies, including Condé Nast and American Media.