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The U.S. Department of Labor has officially rescinded its 2022 guidance that warned against including cryptocurrencies in 401(k) investment menus, marking a dramatic reversal that could unlock billions in retirement savings for digital asset investments.
2022 Guidance Eliminated
The original March 2022 release directed plan fiduciaries to exercise “extreme care” before adding cryptocurrency options to retirement plans—a standard the DOL now acknowledges doesn’t exist under federal law. This guidance effectively discouraged most employers from offering crypto investment options in their workplace retirement plans.
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The DOL is reverting to its traditional approach of neither endorsing nor disapproving specific investment types. Plan fiduciaries can now evaluate cryptocurrency investments using standard fiduciary principles rather than an elevated “extreme care” standard.
Under the Employee Retirement Income Security Act, plan fiduciaries must make investment decisions based on whether they’re prudent and in participants’ best interests. The DOL clarified that these decisions should be “context specific” and consider “all relevant facts and circumstances”—the same standard applied to traditional investments.
Immediate Effects
Plan Sponsor Relief: Employers can now consider crypto options without fear of heightened regulatory scrutiny
Provider Opportunity: Investment companies can develop crypto products for the 401(k) market
Participant Access: Workers may gain exposure to digital assets through employer-sponsored plans
Potential Market Size
The 401(k) market holds approximately $7.4 trillion in assets across nearly 650,000 plans. Even modest allocation to cryptocurrencies could represent significant capital flows into digital assets.
Potential Benefits:
Portfolio diversification beyond traditional stocks and bonds
Exposure to potentially high-growth asset class
Professional oversight through plan fiduciary structure
Key Risks:
High volatility compared to traditional retirement investments
Regulatory uncertainty in broader crypto markets
Limited long-term performance history
Potential for significant losses
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