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Labor Department Reverses Course on Crypto in 401(k) Plans

  • On Wednesday, the U.S. Department of Labor withdrew the 2022 Biden administration guidance that cautioned those managing 401 plans against including cryptocurrency investment options.
  • The rescission responds to criticisms that the prior guidance, which urged fiduciaries to exercise 'extreme care,' deviated from ERISA's neutral, principled-based investment standards.
  • The Labor Department clarified it remains neutral on crypto options and emphasized fiduciaries—not the government—should make investment decisions in 401 plans covering digital assets.
  • Secretary Lori Chavez-DeRemer stated, 'We're rolling back this overreach' and reaffirmed ERISA requires prudent investment decisions based on care, skill, and diligence by fiduciaries.
  • This policy reversal aligns with the Trump administration's broader crypto-friendly stance amid growing industry involvement by Trump and calls for regulatory guardrails on digital asset investments.
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Rethinking65 broke the news in on Wednesday, May 28, 2025.
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