A Department of Labor rule that would allow crypto in 401(k) plans has been sent to the White House for final review. It establishes a process for fiduciaries to evaluate digital assets based on performance, fees, liquidity, valuation requirements, benchmarks and complexity. The rule does not require plan sponsors to add crypto, and fiduciaries remain subject to ERISA’s existing prudence requirements. The process stems from President Donald Trump’s Executive Order 14330, signed on August 7, 2025, and the department’s rescission of a 2022 warning. The U.S. defined-contribution market, which included approximately 715,000 401(k) plans in 2023, was valued at $10 trillion to $14 trillion.
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