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Labor Dept Sends 401(k) Alternative Assets Rule to White House

The Labor Department sent its 401(k) alternative-assets rule to the White House's OIRA on Nov. 6, a step The Block says moves crypto closer to retirement plans.

Labor Dept Sends 401(k) Alternative Assets Rule to White House

The US Department of Labor on Nov. 6 sent its rule on alternative assets in 401(k) retirement plans to the White House's Office of Information and Regulatory Affairs (OIRA). The Block reports the step moves crypto closer to being allowed in such plans.

Details

The rule appears in the OIRA agenda as RIN 1210-AC38, "Fiduciary Duties in Selecting Designated Investment Alternatives." It implements Executive Order 14330 and is meant to set criteria fiduciaries use to weigh potentially higher expenses against the goals of greater long-term net returns and broader diversification. The proposal was published on March 31, 2026, and comments closed on June 1.

The department is still working out the rule's costs and benefits. Sens. Bernie Sanders and Elizabeth Warren have urged scrapping it, warning it would expose savers to volatile assets. In May 2025 the department already rescinded Biden-era guidance that discouraged crypto in retirement plans.

What it means for the market

Letting alternative assets into 401(k)s would open one of the largest pools of US retail capital to crypto. For now this is a review step only: the final text and effective date are unknown, and the agenda entry itself does not mention bitcoin. Track the live price in the daily brief and see the Bitcoin page.

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Megan Hayes
ETFs and institutions

Follows spot ETFs, corporate treasuries and regulation: how big money moves in and out of crypto.

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