Key Notes
- The White House received the Labor Department’s final retirement-investment rule on November 5 and review remains pending.
- The March proposal set out six factors for fiduciaries selecting investments, including funds holding alternative assets.
- Any new crypto options would depend on the final rule and individual retirement plans, with no automatic allocation required.
A US Labor Department rule aimed at making it easier for retirement plans to offer cryptocurrency and other alternative investments has reached final review at the White House, moving the administration’s retirement-investment overhaul closer to publication.
The submission covers a broader push to expand access to assets such as private equity and real estate, alongside crypto. Bloomberg Law reported on November 6 that the final rule arrived for review the previous day.
Final Review at the White House
The White House register lists the measure as a final rule received on November 5 and still pending review. Its title, “Fiduciary Duties in Selecting Designated Investment Alternatives,” points to the central issue: how retirement-plan managers decide which investments are suitable for workers’ savings.
The review is being conducted by the Office of Information and Regulatory Affairs, which examines significant federal regulations before publication. The listing establishes that the rule has advanced beyond the proposal stage. It does not establish that the final text has been cleared or that new requirements have taken effect.
How the Proposed Framework Works
The Labor Department’s March proposal sought to clarify the standard of prudence under federal retirement law and give fiduciaries a legal safe harbor when selecting investments through a documented, analytical process.
The proposed text identifies six considerations: performance, fees, liquidity, valuation, performance benchmarks and complexity. The framework also covers asset-allocation funds that include alternative investments, giving the initiative potential relevance beyond standalone crypto products.
Those considerations address practical questions for retirement plans. Managers must assess whether an investment can meet anticipated cash needs, be valued accurately and justify its costs. They must also understand the product well enough to evaluate it or obtain qualified assistance.
The proposal takes an asset-neutral approach. The final version’s wording will determine the precise scope of any protection for fiduciaries, including how the department responded to public comments.
What It Could Mean for Retirement Savers
A 401(k) is an employer-sponsored retirement savings plan in which workers generally choose among investments selected for the plan’s menu. That structure makes the selection process important: a clearer fiduciary framework could influence which products employers and their advisers are willing to consider.
Crypto’s place in these plans has already shifted. In May 2025, the Labor Department rescinded guidance that had urged fiduciaries to exercise extreme care with cryptocurrency. The withdrawal returned the agency to a neutral position, without endorsing crypto as a retirement investment.
The new rule therefore concerns the conditions for investment selection, rather than a first-ever legal permission to hold crypto. Any eventual availability would still depend on decisions by individual plans and the products they offer. The pending review sets no automatic crypto allocation for retirement accounts, and the final publication will need to establish the operative terms and effective date.
Disclaimer: CoinScreamer is an independent media brand owned and operated by NuvexMedia LLC, publishing news, research, and market insights on digital assets and related technologies. NuvexMedia LLC invests in and collaborates with companies across the digital asset, blockchain, and technology sectors. These relationships do not influence CoinScreamer’s editorial coverage, and the publication maintains full editorial independence to provide accurate, timely, and objective information. © 2025 NuvexMedia LLC. All rights reserved. This content is for informational purposes only and should not be considered legal, tax, investment, financial, or other professional advice.
