"The Labor Department created a set of process-based safe harbors that legally protect plan managers who follow the right steps when adding these assets. This new rule goes further by giving fiduciaries an actual framework to follow."
"Your exposure to crypto would most likely come through target-date funds, which are the default investment option in most 401(k) plans, and those funds might allocate a small percentage to crypto through regulated ETFs."
"A 60-day public comment period is now open, and after that the Labor Department will review feedback and decide whether to finalize it."
"TD Cowen analyst Jaret Seiberg wrote that fiduciaries are unlikely to act on this until the courts have concurred that this language protects advisors from litigation."
The U.S. Department of Labor proposed a rule on March 30, 2026, allowing retirement plan managers to include cryptocurrency in 401(k) plans. This rule provides a framework for fiduciaries, addressing previous concerns about including crypto. However, workers will not see standalone crypto options; exposure will likely come through target-date funds with small allocations to crypto via regulated ETFs. The rule is not final, with a 60-day public comment period and potential delays due to legal concerns and opposition from figures like Senator Elizabeth Warren.
Read at 24/7 Wall St.
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