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

  • The U.S. Department of Labor rescinded its 2022 Biden-era guidance cautioning 401 fiduciaries against offering cryptocurrency on May 22, 2025.
  • The reversal responded to criticism that the earlier warning imposed an 'extreme care' standard absent from ERISA, diverging from the department's former neutral stance.
  • The 2022 guidance noted significant risks including fraud, theft, loss, and volatility in digital asset investments, and that participants often lack sufficient knowledge.
  • Labor Secretary Lori Chavez-DeRemer criticized the previous administration's actions as excessive and clarified that choices about investments ought to be entrusted to those legally responsible for managing them, rather than government officials in Washington.
  • This shift restores the department's neutrality on crypto in retirement plans, though ongoing concerns and Trump administration crypto ties complicate regulatory oversight.
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Rethinking65 broke the news in on Wednesday, May 28, 2025.
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