The U.S. federal regulatory authority approved on March 24 a Department of Labor (DOL) rule that could introduce cryptocurrency into the $10 trillion 401(k) market, completing a key step in the White House review process.
DOL rule, OIRA review passed
The Office of Information and Regulatory Affairs (OIRA) under the White House completed its review of the DOL proposed rule on March 24. The official title of this rule is “Fiduciary Duties in Selecting Designated Investment Alternatives,” which aims to amend fiduciary guidance for plans subject to the Employee Retirement Income Security Act (ERISA).
If finalized, this rule could allow plan sponsors to include Bitcoin (BTC) and other cryptocurrencies as designated investment options alongside private equity.
The DOL classified this rule as 'economically significant' and indicated that it is 'consistent with change.'
There is no legal deadline for finalizing this rule. The DOL is expected to officially announce the rule in the coming weeks, followed by a standard 60-day public comment period before revisions and the final version are released.
Also see: Mystery Wallet Loads $107M In ETH Near Lows, Arkham Points To Bitmine
Trump's 401(k) executive order
This proposed rule is based on an executive order signed by President Donald Trump. The order directed the DOL, Securities and Exchange Commission (SEC), and the Treasury to lower barriers preventing alternative assets in defined contribution retirement plans.
The DOL separately revoked the 2022 guidance that required trustees to exercise 'extreme caution' before adding cryptocurrencies to 401(k) menus. This guidance was issued under the Biden administration's executive order requiring risk assessments of digital assets.
Legislators are also moving independently.
Congressman Troy Downing introduced a bill to elevate Trump's directives into law. Indiana passed HB 1042 in February, requiring that the state-operated retirement plan for teachers and public employees provide at least one digital asset option through self-directed brokerage accounts.
Matt Hogan, Outlook on the Timing of Cryptocurrency 401(k) Introduction
Matt Hogan, Chief Investment Officer of Bitwise, stated in January that 2026 could be the year when investors gain access to Bitcoin and other digital assets within their 401(k) accounts.
He acknowledged that while the pace of change among providers is slow, the Trump administration has effectively lifted the previous ban.
Hogan presented the expanding adoption of digital assets in individual retirement accounts as evidence that the trend is already underway. Nine congressmen sent a letter to SEC Chair Paul Atkins in September urging the swift implementation of the executive order in coordination with the DOL.
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