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Regulation & Policy · 2 min read

US 401(k) Proposal Advances to White House Review, Opening Path for Crypto Options

A Labor Department measure sets evaluation criteria for retirement assets, though analysts expect Bitcoin and Ether to clear fiduciary tests ahead of altcoins.

Editorial oversight: Julian Mercer, Chief Editor
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$BTC $75,883 −0.1% $ETH $2,234 −0.4%

At a glance Final

What happened
A US Labor Department proposal setting fiduciary standards for offering crypto in 401(k) retirement accounts reached the White House for final review on Thursday [1].
Why it matters
The rule introduces legal standards to protect plan managers, clearing a path for regulated digital asset wrappers while keeping hurdles high for smaller tokens [1].
Who is affected
US 401(k) plan sponsors, retirement fiduciaries, asset managers, and retail plan participants [1].
What's next
The White House Office of Information and Regulatory Affairs has up to 90 days to review the rule prior to publication [1].
Primary source
cointelegraph.com: US 401(k) proposal leaves door open to altcoins, but hurdles remain

Key points

  • A Labor Department proposal easing crypto inclusions in US 401(k) plans entered White House review on Thursday 1.
  • The regulation sets six fiduciary metrics—including liquidity and benchmarks—rather than prescribing asset caps or token whitelists 1.
  • Analysts expect exchange-traded products for Bitcoin and Ether to precede altcoins, with broad retirement adoption delayed until 2028 1.

A proposed Department of Labor rule that would ease restrictions on offering alternative investments, including cryptocurrencies, inside US 401(k) retirement plans advanced to the White House for final review on Thursday, according to the Office of Information and Regulatory Affairs 1. The measure aims to establish clearer legal protections for employers and plan fiduciaries seeking to include digital assets in their offerings 1.

The framework originated in a March proposal from the Labor Department that avoided establishing specific token whitelists or minimum market capitalization floors 1. Instead, the guidance instructs plan fiduciaries to assess prospective assets using six standard criteria: performance history, fee structures, liquidity profile, valuation reliability, benchmark availability, and product complexity 1.

Fiduciary Hurdle for Altcoins

Legal and financial specialists caution that meeting these benchmarks will remain difficult for smaller crypto assets. Teresa Goody Guillén, managing partner at Bellementis PLLC, observed that $BTC and $ETH will likely lead adoption due to established trading volumes and regulated investment structures 1. CoinGecko data showed their respective market capitalizations at roughly $1.5 trillion and $273 billion on Nov. 6 1. Guillén noted that while smaller tokens are not categorically barred, plan sponsors must prove that any allocation satisfies baseline requirements for liquidity, valuation, and investor protection 1.

Bernardo Brites, co-founder and chief executive of Trace Finance, noted that few tokens outside the two market leaders currently possess the benchmarks or operational track records to pass a fiduciary audit 1. Brites emphasized that retirement committees will prioritize assets that offer daily pricing derived from regulated wrappers, meaning direct crypto holdings will likely take a back seat to existing exchange-traded products that integrate into conventional custody systems 1. Such integration decisions may also align with structured retail investment behaviors like dollar-cost averaging in crypto.

Policy volatility and administrative legal timelines also cloud the implementation schedule. White House review can take up to 90 days, followed by final publication and a standard 60-day implementation window 1. Because previous agency interpretations shifted between 2022 and 2025, employers may remain cautious about adding digital assets to long-term retirement designs amid broader trends where global regulatory convergence fractures across jurisdictions 1. Brites projected that limited brokerage options could emerge in 2027, with broader enterprise adoption in retirement funds unlikely before 2028 1. At the time of writing, Bitcoin was trading at $75,883 and Ether stood at $2,234.

Questions this story raises

What criteria must 401(k) managers evaluate under the proposed rule?
Plan managers must assess six factors: performance history, fee structures, liquidity, valuation reliability, benchmark availability, and overall complexity [1].
When could crypto options become available to US 401(k) participants?
White House review can take up to 90 days, followed by publication and a typical 60-day effective period; industry projections anticipate initial brokerage options in 2027 and broader adoption by 2028 [1].

Sources

  1. [1] US 401(k) proposal leaves door open to altcoins, but hurdles remain — cointelegraph.com, November 6, 2026

Written by Basis Desk's newsroom system from the primary sources above and machine-verified against them before publication. Market figures marked "at the time of writing" come from live exchange data. Report an error: corrections@basisdesk.news · corrections policy.

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