Labor Department Advances Rule to Ease Crypto Access in 401(k) Plans
2026-04-02
The US Department of Labor proposed a rule on March 30, 2026, that would expand fiduciary safe-harbor protections for 401(k) plan administrators who choose to offer cryptocurrency and other alternative assets, such as private equity, as part of employer-sponsored retirement plans, according to reporting from CoinDesk.
The proposal follows an August 2025 executive order directing the Labor Department and the Securities and Exchange Commission to re-examine guidance around alternative assets in retirement plans. The Labor Department had already rescinded earlier guidance urging fiduciaries to exercise heightened caution before adding crypto to plan menus.
Supporters, including Labor Secretary Lori Chavez-DeRemer, framed the change as removing a one-size-fits-all barrier to retirement plan options, while critics such as Senator Elizabeth Warren warned it could expose workers to higher fees and losses tied to volatile asset classes, per CoinDesk's coverage.
As of the rule's proposal, US 401(k) plans held trillions of dollars in aggregate retirement savings, meaning even a modest shift in allocation toward crypto could direct significant new capital into the asset class, though the rule does not require any employer to add crypto options and industry commentary generally expects a slow adoption curve given cost, complexity, and fiduciary liability concerns.
Related on this site: See our related article on whether crypto is realistic as a retirement-funding asset.