The SEC’s Office of the Investor Advocate announced it will examine the increasing use of private equity and other alternatives in retirement accounts as part of its fiscal 2026 objectives. The office has warned that adding private market products to 401(k)s and 403(b)s can pose risks for retail savers, especially in target-date funds and managed accounts. 

Concerns include limited liquidity, incomplete disclosures, and a higher risk of fraud or losses, which the agency will evaluate in relation to fiduciary duties under ERISA. This move follows Senator Elizabeth Warren’s letter to Empower Retirement questioning its plans to offer private equity in its 401(k) products. 

Beyond private equity, the investor advocate’s 2026 agenda will also prioritize improving retail investor disclosures, analyzing China-based VIE structures, collaborating with the SEC’s crypto task force, and using investor research to support rulemaking. 

Finsum: Advisors should aim to ensure retirement plan participants understand the trade-offs of these complex and often opaque investments.