TREE NEWS update: The U.S. Department of Labor’s proposal to give 401(k) plan fiduciaries a process-based safe harbor for investment decisions involving crypto and other assets has entered final White House review. The rule would establish a compliance framework for plan sponsors evaluating crypto in retirement accounts. Its arrival at the Office of Information and Regulatory Affairs marks the last step before a final rule can be issued.
Crypto 401(k) Rule Enters Final White House Review
The significance here is procedural rather than substantive: a safe harbor shifts the legal question from whether crypto belongs in a 401(k) to whether the fiduciary followed a defensible process, which is a meaningfully lower bar than an outright prohibition. Plan sponsors and recordkeepers, not retail holders, are the parties most exposed to the change, since they bear the compliance burden. The open question is the final rule's actual scope — what counts as a qualifying process and which assets fall inside the framework — and whether litigation follows issuance.
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