--- title: "Labor Department Rescinds 2022 Guidance Discouraging Crypto in 401(k) Plans" description: "The Employee Benefits Security Administration has repealed instructions cautioning fiduciaries against offering cryptocurrency options in retirement menus." url: https://basisdesk.news/news/us-labor-department-rescinds-401k-crypto-guidance published: 2026-11-09T09:41:18.806Z modified: 2026-11-09T09:41:18.806Z section: Regulation & Policy author: Basis Desk Newsroom (AI-generated, source-verified) sentiment: bullish tickers: [BTC] tags: [department-of-labor, 401k, erisa, retirement, regulation] license: Quote with attribution to Basis Desk (basisdesk.news). Not financial advice. --- # Labor Department Rescinds 2022 Guidance Discouraging Crypto in 401(k) Plans The Employee Benefits Security Administration has repealed instructions cautioning fiduciaries against offering cryptocurrency options in retirement menus. ## At a glance - **What happened:** The U.S. Department of Labor rescinded its 2022 guidance that warned retirement plan administrators against offering crypto in 401(k)s. - **Why it matters:** The change removes federal discouragement, restoring a neutral regulatory framework for retirement fiduciaries weighing crypto offerings. - **Who is affected:** Retirement plan fiduciaries, employers managing 401(k) menus, and retail retirement participants. - **What's next:** No next step announced. - **Status:** guidance - **Primary source:** [US Department of Labor rescinds 2022 guidance on Cryptocurrency in 401(k) Plans](https://content.govdelivery.com/accounts/USDOL/bulletins/3e28af5) — content.govdelivery.com ## Key points - The U.S. Department of Labor rescinded 2022 guidance that warned fiduciaries against adding crypto to 401(k) plans. - Labor Secretary Lori Chavez-DeRemer stated the previous measure deviated from the Employee Retirement Income Security Act. - The department returned to a neutral approach, neither endorsing nor barring crypto options in employer retirement menus. ## Editorial remark - **Context:** In 2022, the Labor Department cautioned plan administrators that crypto posed significant risks to retirement savers, urging extreme fiduciary caution. - **Impact:** Retirement plan fiduciaries and employers regain flexibility under ERISA standards to evaluate digital asset options without targeted regulatory warnings. - **Watch:** Subsequent adoption announcements from workplace retirement administrators or plan providers considering crypto investment allocations. The U.S. Department of Labor's Employee Benefits Security Administration officially rescinded its 2022 compliance release that warned plan sponsors against offering cryptocurrency investment options in 401(k) retirement portfolios, according to a department announcement [1]. The rollback returns the agency to a neutral regulatory framework regarding retirement investment menus [1]. Under the previous 2022 guidance, the agency instructed plan fiduciaries to exercise "extreme care" before introducing digital assets into retirement structures [1]. Labor officials noted that this prior language deviated from the statutory requirements outlined in the Employee Retirement Income Security Act, abandoning the department's standard principles-based standard for fiduciary investment choices [1]. U.S. Secretary of Labor Lori Chavez-DeRemer characterized the past measure as bureaucratic overreach that unduly influenced investment determinations [1]. ## Shift to Fiduciary Neutrality By invalidating the previous release, the regulatory agency restored a posture that neither promotes nor forbids fiduciaries from including digital assets in their retirement offerings [1]. The policy pivot follows earlier administrative steps reviewing retirement frameworks, including when a [US 401(k) Proposal Advances to White House Review](https://basisdesk.news/news/us-labor-department-401k-crypto-proposal-white-house-review) aimed at reshaping federal digital asset provisions. Under the restored framework, plan administrators retain sole statutory responsibility for deciding whether digital assets suit their participants' needs under standard fiduciary duties [1]. At the time of writing, $BTC traded at $74,192 amid broader market consolidation. The Labor Department specified that future investment determinations must adhere strictly to established legal prudence guidelines without specific regulatory deterrents targeting the asset class [1]. ## FAQ **What did the 2022 Labor Department guidance mandate?** It urged retirement plan fiduciaries to exercise extreme caution before adding cryptocurrency to 401(k) menus, effectively discouraging its inclusion. **Does the new move require 401(k) plans to offer cryptocurrency?** No. The department has established a neutral approach that neither endorses nor prohibits cryptocurrency options, leaving the decision to plan fiduciaries under standard statutory rules. ## Sources 1. [US Department of Labor rescinds 2022 guidance on Cryptocurrency in 401(k) Plans](https://content.govdelivery.com/accounts/USDOL/bulletins/3e28af5) — content.govdelivery.com, 2026-11-09 --- Basis Desk Newsroom · AI-generated, source-verified · https://basisdesk.news/about/how-we-use-ai