TREE NEWS update: The Labor Department has sent its final fiduciary safe harbor rule on cryptocurrency and other alternative investments in 401(k) plans to the White House for review, the Office of Management and Budget logged on Nov. 5. The regulatory review must be completed before the department can publish the rule, which would set conditions under which plan fiduciaries may offer crypto and other alternatives to retirement savers.
Labor Dept. Sends Final 401(k) Crypto Rule to White House
The significance here is procedural rather than substantive: the rule has cleared internal drafting and now sits with the White House, the last gate before publication, so the actual conditions fiduciaries would face remain unseen. The parties most exposed are plan sponsors and recordkeepers weighing whether to add crypto options, since the safe harbor—not the underlying asset—determines their legal cover. The open question is how restrictive those conditions turn out to be, and whether the review produces changes before the text becomes public.
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