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U.S. Labor Department Sends Crypto 401(k) Rule to White House for Final Review

U.S. Labor Department Sends Crypto 401(k) Rule to White House for Final Review

The U.S. Department of Labor has sent a final rule on retirement-plan investment choices to the White House for review, advancing its effort to make it easier for 401(k) plans to offer crypto and other alternative investments.

The Office of Information and Regulatory Affairs docket lists “Fiduciary Duties In Selecting Designated Investment Alternatives,” regulatory identifier 1210-AC38, as pending review at the final-rule stage. OIRA received the rule from Labor’s Employee Benefits Security Administration on Nov. 5, 2026.

The practical change Labor has proposed is a safe harbor for fiduciaries—the people responsible for selecting a plan’s investment menu. Its March 31 proposal sets out a process for satisfying their duty of…

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