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News · Regulation & Policy

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The Employee Benefits Security Administration has repealed instructions cautioning fiduciaries against offering cryptocurrency options in retirement menus.

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November 9, 2026basisdesk.news
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Key point 1 of 3

01

The U.S. Department of Labor rescinded 2022 guidance that warned fiduciaries against adding crypto to 401(k) plans.

November 9, 2026basisdesk.news
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Key point 2 of 3

02

Labor Secretary Lori Chavez-DeRemer stated the previous measure deviated from the Employee Retirement Income Security Act.

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Key point 3 of 3

03

The department returned to a neutral approach, neither endorsing nor barring crypto options in employer retirement menus.

November 9, 2026basisdesk.news
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Context

In 2022, the Labor Department cautioned plan administrators that crypto posed significant risks to retirement savers, urging extreme fiduciary caution.

November 9, 2026basisdesk.news
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Why it matters

Retirement plan fiduciaries and employers regain flexibility under ERISA standards to evaluate digital asset options without targeted regulatory warnings.

November 9, 2026basisdesk.news
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What to watch

Subsequent adoption announcements from workplace retirement administrators or plan providers considering crypto investment allocations.

November 9, 2026basisdesk.news
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Sources

Built from 1 primary source, machine-checked before publication.

  • content.govdelivery.com
November 9, 2026basisdesk.news
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