The U.S. Department of Labor’s final rule on 401(k) plans was sent to the Office of Information and Regulatory Affairs (OIRA), within the White House Office of Management and Budget, for final review on November 5. This is the last step before the rule is published in the Federal Register.
The rule stems from a Trump executive order issued in August 2025. It aims to provide a clearer fiduciary framework for 401(k) plan administrators considering adding alternative assets, such as digital assets and private equity, to their investment menus. The rule does not name any specific cryptocurrencies, set a minimum market-cap threshold, or require any plan to offer crypto assets. Administrators must assess six factors: performance, fees, liquidity, valuation, benchmarks, and complexity.
According to media reports, experts expect Bitcoin and Ethereum to be considered first, with ETFs potentially preceding direct holdings. As of the end of June 2026, U.S. 401(k) assets totaled approximately $10.8 trillion.
Sources: Reports published November 6–7 by CoinCentral, KuCoin, crypto.ro, and others. The final text has not yet been published, and there is no legal deadline for the review.
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The rule stems from a Trump executive order issued in August 2025. It aims to provide a clearer fiduciary framework for 401(k) plan administrators considering adding alternative assets, such as digital assets and private equity, to their investment menus. The rule does not name any specific cryptocurrencies, set a minimum market-cap threshold, or require any plan to offer crypto assets. Administrators must assess six factors: performance, fees, liquidity, valuation, benchmarks, and complexity.
According to media reports, experts expect Bitcoin and Ethereum to be considered first, with ETFs potentially preceding direct holdings. As of the end of June 2026, U.S. 401(k) assets totaled approximately $10.8 trillion.
Sources: Reports published November 6–7 by CoinCentral, KuCoin, crypto.ro, and others. The final text has not yet been published, and there is no legal deadline for the review.
$BTC $ETH
