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Labor Department Sends Final 401(k) Rule on Crypto, Other Alternatives to White House
A White House regulatory office logged the final version of the fiduciary safe harbor rule on Nov. 5, a review that comes before the Labor Department can publish it.
Brief
The U.S. Labor Department has forwarded its completed rule on how 401(k) fiduciaries pick alternative investments to the White House for examination. A budget office unit known as OIRA logged the submission on November 5, per its public record. The rule, numbered 1210-AC38, is marked final and economically significant. As of Monday the review was pending, and its text was still unreleased. The proposal, released in March, follows a 2025 executive order from President Trump and would presume fiduciaries' judgments reasonable. Lawmakers Bernie Sanders, Elizabeth Warren and Bobby Scott urged the department to drop it, warning of highly unstable holdings such as digital currency.
Why it matters: The rule would shape how 401(k) plan fiduciaries evaluate alternative assets such as crypto funds, and its final text has not yet been published.
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Labor Department sends 401(k) alternatives rule covering some crypto funds to White House