OIRA Clears Path for Crypto in 401(k)s As Labor Dept Rule Nears Publication

The White House has taken a key step toward making it easier for retirement savers to gain crypto exposure through workplace plans. The Office of Information and Regulatory Affairs (OIRA) completed its review on March 24 of a Labor Department proposal that would change how 401(k) fiduciaries assess alternative assets — including digital-asset exposure — clearing an interagency hurdle in the rulemaking process. OIRA’s action, logged as “consistent with change” and labeled “economically significant,” moves the proposal closer to publication. Once the Labor Department posts the rule, it will open a 60-day public comment period before any revisions and a final rule are considered. The proposal stems from President Donald Trump’s Aug. 7, 2025 executive order directing federal agencies to expand access to alternative investments in 401(k) plans. The order specifically named digital assets, private equity and real estate and asked agencies to coordinate with Treasury and the SEC while revisiting limits on alternatives in defined-contribution plans. This push follows an earlier shift by the Labor Department: on May 28, 2025, it withdrew a 2022 compliance release that had urged fiduciaries to be “extremely cautious” about including crypto in retirement plans. If the current proposal advances, fiduciaries could have a clearer path to evaluate crypto-linked investment options alongside other alternative assets. State-level activity is already echoing the federal momentum. Indiana lawmakers passed a bill on Feb. 25 requiring certain state retirement and savings plans to offer a self-directed brokerage option that includes at least one crypto investment choice by July 1, 2027. The stakes are large: U.S. retirement assets reached a record $48.1 trillion as of Sept. 30, 2025, according to the Investment Company Institute. As the Labor Department’s proposal moves through the comment period, the outcome could meaningfully influence how—and how widely—digital assets are offered inside retirement accounts. Read more AI-generated news on: undefined/news