The Department of Labor’s final rule on fiduciary duties in selecting 401(k) investment options has reached the White House for review, Bitcoin Magazine reported. The rule, titled “Fiduciary Duties In Selecting Designated Investment Alternatives” (RIN 1210-AC38) and authored by the Employee Benefits Security Administration, was logged with the Office of Information and Regulatory Affairs on November 5 and is marked economically significant, with no legal deadline for the review.
According to the report, the rule would create an ERISA safe harbor for plan fiduciaries who follow a documented process when adding private equity, real estate or cryptocurrency to a plan menu. The process weighs performance, fees, liquidity, valuation, benchmarks and complexity. It would not require any plan to offer crypto, but it may reduce litigation risk for employers that choose to.
The rule traces to an executive order President Donald Trump signed on August 7, 2025, directing the Labor Secretary to review guidance and propose safe harbors. The department unveiled the proposal on March 30, 2026. In May 2025 the department rescinded a 2022 release urging “extreme care” on crypto in 401(k) menus. Senators Bernie Sanders and Elizabeth Warren have pressed the department to drop the approach.
Deputy Labor Secretary Keith Sonderling was quoted as saying “The department’s days of picking winners and losers are over.” The final text is not yet public, so it is unclear whether the proposed framework survived comments. After OIRA finishes, the department is expected to publish the rule in the Federal Register.
Track the market yourself with AiTraderView’s FREE tools: Crypto Cockpit for charts and 75+ indicators, Crypto Screener to find setups, and Crypto Portfolio to follow your holdings. Just create a FREE account and try them yourself!
Sources:
⚠️ RISK WARNING & AI DISCLOSURE
- This information is generated by Artificial Intelligence (AI) and complex algorithms. While advanced, these systems can contain errors or inaccuracies and are for educational purposes only.
- Technical analysis provides no guarantees; this information is purely informative.
- All discussed scenarios are hypothetical and do not constitute predictions or expectations.
- Past performance is not an indicator of future results.
- This is not financial advice and is not intended as a call-to-action for the reader.
- No implicit direction is claimed, and no specific behavior of market participants is suggested.