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White House Review Clears DOL Plan to Let 401(k)s Offer Crypto and Other Alternatives

Public comments now loom on a plan to ease fiduciary risk for offering crypto in retirement plans.

Overview

  • Federal regulators finished their review Tuesday at the White House Office of Information and Regulatory Affairs, clearing the Labor Department to publish a proposal that opens 401(k) menus to alternative assets, with a public comment period expected next.
  • The draft rule would allow exposure to Bitcoin and other digital assets alongside private equity and infrastructure investments inside employer retirement plans.
  • The Employee Benefits Security Administration is expected to offer conditional legal protection for employers that follow due‑diligence and disclosure steps when adding these options.
  • OIRA labeled the proposal economically significant, signaling broad impact across the 401(k) system where defined‑contribution assets total roughly $10–14 trillion and even small allocations could move long‑term savings into new markets.
  • The push follows President Trump’s August 2025 order and the Labor Department’s May 2025 withdrawal of a 2022 crypto warning, and Indiana has advanced a law requiring at least one crypto choice in certain public plans by July 1, 2027.