INTEL: Final rule letting 401(k) plans hold crypto sent to White House for review
The US Labor Department has sent its final rule on alternative assets in 401(k) plans, including crypto, private equity and real estate, to the White House for review, Bloomberg Law reported. The rule went to the Office of Information and Regulatory Affairs (OIRA) on Nov 5, US Eastern time.
Submission to OIRA is the last review step before a rule is published. According to the report, it means the rule is close to completion and an announcement is near.
What the rule would do
The Labor Department published the proposal on March 30. It would give plan fiduciaries a legal safe harbor when they add private-market assets to the investment options in 401(k) and similar retirement plans. Fiduciaries would have to meet six considerations: performance, fees, liquidity, valuation, benchmarking and complexity.
The proposal does not require plans to offer these assets. It sets out the conditions under which fiduciaries who choose to include them would be protected.
Executive order behind it
The rulemaking follows an executive order that President Donald Trump signed on Aug 7, 2025. The order directed the Labor Department to reassess its rules and guidance on alternative assets in retirement plans.
The text of the final rule has not been made public, so it is not yet known whether it keeps the six-factor framework from the proposal unchanged.
