🚨 A rule numbered 1210-AC38 was quietly sent to the White House on November 5. It governs whether retirement savings for American workers nationwide can be used to buy crypto.
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The Department of Labor’s final rule has been submitted to the White House Office of Information and Regulatory Affairs for review. Its title is dry: “Fiduciary Duties When Selecting Designated Investment Alternatives.” Officials have classified it as economically significant, but have not listed any statutory deadline.
To understand what’s happening, look at the timeline.
🔸 On March 30, the Department of Labor put forward its proposal. It was published in the Federal Register on March 31, and the public comment period closed on June 1. Comments have now been collected, and the rule is under review in its final form.
🔸 The scope is broader than you might think. It covers not just funds that hold crypto assets, but also alternative assets such as private equity and real estate. Fund managers who follow the process are entitled to a presumption that they have fulfilled their duty of prudence.
🔸 The process lays out six non-exhaustive factors: performance, fees, liquidity, valuation, performance benchmarks, and complexity. The Department of Labor explicitly says plans don’t have to choose the cheapest product; they only need to be able to explain higher fees through expected returns or other benefits. A strategy with low expected returns can still be prudent, as long as its risk profile matches the plan’s objectives.
The most subtle point came from Deputy Secretary of Labor Keith Sonderling: this framework “does not say that any one asset class is better or worse than another.”
In other words, the government isn’t endorsing crypto or condemning it. It’s simply providing a roadmap for avoiding liability.
💡 What really matters isn’t “Can 401(k) plans buy Bitcoin?” but “The burden of proof has shifted.” In the past, plan managers afraid of being sued had an easy answer: never touch new assets. Now, as long as they follow the six steps, anyone who wants to sue must first show that the process wasn’t followed. The cost of compliance is shifting from “too risky to try” to “okay to try.”
⚠️ But don’t reach for your calculator just yet. This is still under final rule review, with no implementation timeline. And even if it takes effect, it will permit—not require—these investments. Most plan managers will likely continue to wait and see.
So here’s the question: if the door really opens to this pool of long-term capital, who’ll be the first to take the plunge? Share your thoughts in the comments 👇
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#加密监管 #比特币 #USStocks
Group: 邀请您加入我的群组 悟空粉丝群
The Department of Labor’s final rule has been submitted to the White House Office of Information and Regulatory Affairs for review. Its title is dry: “Fiduciary Duties When Selecting Designated Investment Alternatives.” Officials have classified it as economically significant, but have not listed any statutory deadline.
To understand what’s happening, look at the timeline.
🔸 On March 30, the Department of Labor put forward its proposal. It was published in the Federal Register on March 31, and the public comment period closed on June 1. Comments have now been collected, and the rule is under review in its final form.
🔸 The scope is broader than you might think. It covers not just funds that hold crypto assets, but also alternative assets such as private equity and real estate. Fund managers who follow the process are entitled to a presumption that they have fulfilled their duty of prudence.
🔸 The process lays out six non-exhaustive factors: performance, fees, liquidity, valuation, performance benchmarks, and complexity. The Department of Labor explicitly says plans don’t have to choose the cheapest product; they only need to be able to explain higher fees through expected returns or other benefits. A strategy with low expected returns can still be prudent, as long as its risk profile matches the plan’s objectives.
The most subtle point came from Deputy Secretary of Labor Keith Sonderling: this framework “does not say that any one asset class is better or worse than another.”
In other words, the government isn’t endorsing crypto or condemning it. It’s simply providing a roadmap for avoiding liability.
💡 What really matters isn’t “Can 401(k) plans buy Bitcoin?” but “The burden of proof has shifted.” In the past, plan managers afraid of being sued had an easy answer: never touch new assets. Now, as long as they follow the six steps, anyone who wants to sue must first show that the process wasn’t followed. The cost of compliance is shifting from “too risky to try” to “okay to try.”
⚠️ But don’t reach for your calculator just yet. This is still under final rule review, with no implementation timeline. And even if it takes effect, it will permit—not require—these investments. Most plan managers will likely continue to wait and see.
So here’s the question: if the door really opens to this pool of long-term capital, who’ll be the first to take the plunge? Share your thoughts in the comments 👇
Tap my profile picture to watch the livestream + join my fan group for daily strategies 🚀
#加密监管 #比特币 #USStocks
