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US Proposes 401(k) Access to Crypto Assets

Catenaa, Wednesday, April 01, 2026-The U.S. Labor Department on Monday proposed a rule allowing retirement plans to include cryptocurrencies and alternative assets, implementing an executive directive issued by Donald Trump to expand investment options for millions of workers.

The proposal would create a regulatory safe harbor under federal retirement law, permitting plan fiduciaries to evaluate digital assets alongside traditional alternatives such as private equity and real estate. The rule applies to 401(k) plans covering about 65 million Americans and more than $10 trillion in assets.

Officials said fiduciaries must assess investments based on performance history, fees, liquidity, valuation methods and operational risks. The Labor Department defined digital assets to include cryptocurrencies such as bitcoin and other tokens, while requiring documented due diligence before inclusion in retirement portfolios.

The proposal marks a shift from prior guidance issued in 2022 that warned fiduciaries against including cryptocurrencies in retirement plans. The new framework emphasizes process and disclosure rather than restriction, reflecting a broader policy pivot toward expanding access to alternative investments.

Treasury Secretary Scott Bessent said the rule aims to broaden retirement investment choices while maintaining safeguards. A 60-day public comment period will begin once the proposal is published in the Federal Register.

Industry analysts estimate even a small allocation to cryptocurrencies could channel hundreds of billions of dollars into digital asset markets. Major financial firms including BlackRock and Fidelity Investments have already developed products that could be adapted for retirement accounts.

The rule outlines compliance protections for fiduciaries who follow its requirements, potentially reducing legal risks tied to offering volatile assets. Plans that fail to meet standards could still face liability under existing retirement law.

The proposal has drawn criticism from some lawmakers, including Elizabeth Warren, who warned that adding volatile assets to retirement plans could expose workers to losses. Supporters argue that diversified exposure and proper oversight can mitigate risks.

The debate reflects broader tensions over how digital assets should be regulated and integrated into traditional finance.

If finalized, the rule would require plan sponsors to maintain detailed records of investment decisions and participant disclosures. It also encourages the use of regulated products such as exchange-traded funds rather than direct custody of digital assets in most cases.

Regulators are coordinating across agencies to align brokerage, custody and disclosure standards, ensuring compatibility with existing securities rules.

Other jurisdictions have begun integrating digital assets into retirement systems, though approaches vary widely. The U.S. proposal signals a more permissive stance compared with earlier restrictions and could influence policy debates in other markets.

401(k) plans are a central component of U.S. retirement savings, governed by federal law requiring fiduciaries to act in the best interests of participants. Historically, investment menus have focused on stocks, bonds and mutual funds, with limited exposure to alternative assets.

Interest in cryptocurrencies has grown rapidly over the past decade, driven by price performance and institutional adoption. Policymakers have grappled with balancing innovation and investor protection, leading to shifting guidance across administrations.

The proposed rule represents one of the most direct efforts to integrate digital assets into mainstream retirement investing, potentially reshaping how individuals allocate long-term savings.