# US Rule to Allow Crypto in 401(k)s

Quick Take · News · Published November 6, 2026 · By [Anthony Asuaje](https://walkeranthony.com/about/), Walker Strategies
Canonical URL: https://walkeranthony.com/news/us-rule-to-allow-crypto-in-401-k-s/

A final US Department of Labor rule to ease alternative assets, including cryptocurrency, into 401(k) retirement plans has arrived at the White House for review. The rule would give plan fiduciaries a legal safe harbor if they follow a documented process when adding private assets to a 401(k) menu.

The US Department of Labor's final rule to allow cryptocurrency in 401(k) retirement plans has been sent to the White House for review, marking a procedural step before public release.

The proposed rule, unveiled on March 30, would provide a legal safe harbor for plan fiduciaries who follow a documented process when adding private assets, including cryptocurrency, to a 401(k) menu. The six factors to be considered are performance, fees, liquidity, valuation, performance benchmarks, and complexity.

The rule implements President Donald Trump's August 7, 2025, executive order, which directed the Labor secretary to reexamine ERISA guidance and propose rules with appropriately calibrated safe harbors.

The final text of the rule is not yet public, and it is unclear whether the six-factor safe harbor survived comment intact. The effective date of the rule and the description of digital-asset vehicles are also unknown.

The stakes for bitcoin are significant, as a finalized DOL safe harbor would give plan committees a clearer map for including digital assets in 401(k) plans. However, it would not automatically add bitcoin and crypto to every plan menu overnight.

Source: [reginfo.gov](https://www.reginfo.gov/public/do/eoDetails?rrid=1591871)

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Educational and informational content only. I am not a licensed financial advisor and nothing here is investment advice. Do your own research before making any decision.