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Saturday, May 31, 2025

Labor Department Revokes Guidance on Cryptocurrency in 401(k) Plans

Labor Department Revokes Guidance on Cryptocurrency in 401(k) Plans

New guidance allows for cryptocurrency options in retirement plans, shifting from previous restrictions.
On Wednesday, the U.S. Department of Labor announced the rescission of guidance issued in March 2022 that discouraged the inclusion of cryptocurrency options in 401(k) retirement plans.

This decision marks a significant policy shift concerning the investment options available to retirement plan participants.

The original guidance from the Biden administration's Employee Benefits Security Administration (EBSA) urged plan fiduciaries to exercise 'extreme care' when considering the addition of cryptocurrencies to investment menus.

It highlighted the nascent state of the cryptocurrency market and expressed concerns regarding the potential risks associated with fiduciaries recommending direct investments in cryptocurrencies for retirement savings.

In the newly issued guidance, Labor Secretary Lori Chavez-DeRemer stated that the revocation of the previous guidance reaffirms a 'neutral stance' regarding cryptocurrencies and does not constitute an endorsement or rejection of their inclusion in retirement plans.

The intention, as stated by Secretary Chavez-DeRemer, is to empower fiduciaries to make the best investment choices for their participants without undue influence from government directives.

The shift in policy arrives amid increasing recognition of cryptocurrencies, as the previous administration under Donald Trump had adopted a more favorable stance towards digital currencies.

This new guidance coincides with Vice President Vance's scheduled speech at a Bitcoin conference in Las Vegas, signaling a growing institutional interest in the cryptocurrency sector.

Furthermore, President Trump's connections to the cryptocurrency industry have expanded, with recent announcements indicating that the Trump Media and Technology Group plans to raise $2.5 billion to invest in Bitcoin and establish a cryptocurrency reserve.

The evolving landscape of regulatory approaches to cryptocurrency investments reflects broader debates about financial innovation, investment prudence, and the roles of individual fiduciaries within retirement planning in the United States.
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