Coinspeaker
Mar 31, 2026 upd. 9 Jun

U.S. Labor Department proposes safe harbor opening $8.8T 401(k) market to crypto

1 min

DOL proposes a 401(k) safe harbor. It covers alternative funds, including crypto exposure.

The proposed rule is on public inspection in the Federal Register and opens a 60‑day comment window after formal publication. See the text of “Fiduciary Duties in Selecting Designated Investment Alternatives” here.

Scope is large. The agency cites a participant-directed market of about $8.8T across roughly 721,000 plans. Source: Federal Register filing.

Safe harbor hinges on process, not results. Fiduciaries get protection if they document review across six areas:

  • Performance
  • Fees
  • Liquidity
  • Valuation
  • Benchmarking
  • Complexity

Details in the proposal.

It is not an asset-class endorsement. The rule names no specific coins. It does not mention Bitcoin or Ethereum. Text: Federal Register.

Adoption is low today. Only 4% of defined contribution plans offered alternatives last year, with 0.1% of assets allocated. Cited in the proposal.

“Hardworking Americans deserve more options,” said Labor Secretary Lori Chavez‑DeRemer, linking the move to broader 401(k) choice. Statement: Secretary’s post.

U.S. Department of Labor Source: U.S. Department of Labor