DOL’s crypto-friendly 401(k) rule hits White House review — retirement menus may get clearer alts path.

On November 5, 2026, the U.S. Department of Labor’s final rule on fiduciary duties for selecting designated investment alternatives (RIN 1210-AC38) arrived at White House OIRA for EO 12866 review. The package is logged as economically significant and covers how 401(k) fiduciaries can document a process when considering alternative assets that can include crypto, private equity, and real estate.

The March proposal sketched a safe harbor under ERISA if committees weigh performance, fees, liquidity, valuation, benchmarks, and complexity. Publication would not force plans to offer $btc or other digital assets — it would lower litigation risk for employers that follow the process. OIRA clearance is the last interagency step before a Federal Register release; the final text and effective date are still unpublished.

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DYOR. Not financial advice.