Rule to Allow Crypto in 401(k)s Arrives at White House for Final Review

crypto in 401(k)s — A final rule from the U.S. Department of Labor (DOL) that would ease the inclusion of cryptocurrency in 401(k) retirement plans has been sent to the White House for its final review, a key procedural step before public release.

The rule, titled “Fiduciary Duties In Selecting Designated Investment Alternatives,” was logged by the Office of Information and Regulatory Affairs on November 5. It implements an executive order from President Donald Trump issued in August 2025, which directed the Labor Secretary to reexamine rules to allow greater access to alternative assets, including digital assets, for retirement savers.

The proposed version of the rule, unveiled in March, would create a legal safe harbor for plan fiduciaries who follow a documented six-factor review process when adding assets like crypto to a 401(k) menu. This process covers performance, fees, liquidity, valuation, benchmarks, and complexity. The rule does not mandate that plans offer crypto but aims to lower litigation risk for employers who choose to do so.

The White House review is the final interagency checkpoint. The content of the final rule, including whether the safe harbor structure remains intact, will only be clear once the review is complete and the DOL publishes the text. The move represents a significant policy shift, reversing prior DOL guidance that urged “extreme care” regarding crypto in retirement plans.