Labor Department's crypto retirement plan proposal passes White House regulatory review

Labor Department's crypto retirement plan proposal passes White House regulatory review

The Labor Department's proposal enabling broader cryptocurrency access within 401(k) retirement accounts has successfully passed White House regulatory review.

A regulatory proposal from the Department of Labor (DOL) that has the potential to transform how fiduciaries managing 401(k) plans assess alternative investments, including exposure to digital assets, has successfully passed review by the White House's Office of Information and Regulatory Affairs (OIRA).

According to the OIRA's official website, the regulatory review reached completion on March 24, marked with the designation "consistent with change" and categorized as an "economically significant" proposal. The next anticipated step involves the DOL publishing the proposed regulation for public feedback during a conventional 60-day comment period, typically followed by adjustments and the publication of a final regulatory framework.

This regulatory proposal stems from an executive order issued by President Donald Trump on Aug. 7, 2025, which instructed federal agencies to broaden access to alternative investment options in 401(k) retirement plans, including digital asset exposure through specific investment vehicles.

Trump's executive order instructed the DOL to reassess existing limitations surrounding alternative investments in defined-contribution retirement plans, encompassing digital assets, private equity holdings and real estate investments. Additionally, the order mandated collaborative efforts between multiple agencies, including the US Treasury Department and the Securities and Exchange Commission, to support corresponding regulatory modifications.

This successful completion of the review process represents the clearing of a significant interagency obstacle for a proposal that has the potential to significantly broaden access to alternative investment options in US defined-contribution retirement plans.

Crypto-linked exposure moves closer to 401(k) market

The DOL took action on May 28, 2025, to withdraw a 2022 compliance release that had advised fiduciaries to exercise "extremely cautious" judgment when evaluating cryptocurrency options for 401(k) retirement plans, marking a notable shift in the federal government's overall approach toward digital asset exposure in retirement planning.

White House's Office of Information and Regulatory Affairs concluded its review of the Department of Labor's rule on alternative investments in retirement plans
The White House's Office of Information and Regulatory Affairs has finished reviewing the Department of Labor's regulation concerning alternative investments in retirement plans. Source: Reginfo.gov

Financial assets within the US retirement market achieved an unprecedented $48.1 trillion as of September 30, 2025, based on data published by the Investment Company Institute (ICI) in their official report.

US retirement market assets by quarter
Quarterly US retirement market assets, measured in USD trillion. Source: ICI.org

Indiana advances crypto retirement access

Additional US states have initiated their own legislative measures aimed at establishing digital assets as eligible retirement plan holdings.

Indiana lawmakers approved legislation on Feb. 25 that would mandate certain state-administered retirement and savings plans to provide a self-directed brokerage option featuring at least one cryptocurrency investment choice by July 1, 2027.

This legislative measure would enable Indiana residents to include Bitcoin (BTC) and other digital assets within their retirement portfolios for the first time in the state's history.