News & Analysis as of

Cryptocurrency Retirement Plan Investment Management

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against...more

Polsinelli

DOL Rescinds 2022 Guidance Concerning Cryptocurrency Investments in 401(k) Plans

Polsinelli on

On May 28, 2025, the Department of Labor (DOL) rescinded its 2022 guidance that cautioned retirement plan fiduciaries to exercise “extreme care” in permitting cryptocurrency and other digital asset investments in retirement...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Senator wants crypto option, good luck

As Bitcoin starts inching back up, I’m in the black again and expect more clamor for crypto options in 401(k) plans. Senator Tommy Tuberville, R-Alabama, reintroduced legislation to create a law, the Financial Freedom Act...more

Cadwalader, Wickersham & Taft LLP

DOL Warns Sponsors against Permitting Cryptocurrency-Related Investments on 401(k) Plan Investment Menus

The U.S. Department of Labor (“DOL”) last month issued Compliance Assistance Release No. 2022-1 - 401(k) Plan Investments in “Cryptocurrencies” (the “Release”) in which it strongly cautions ERISA plan fiduciaries to use...more

Foodman CPAs & Advisors

U.S. Department Of Labor Has “Serious Concerns” Over 401(K) Plan’s Investments In Cryptocurrencies

The U.S. Department of Labor cautions plan fiduciaries to exercise extreme care before they consider adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - March 2022

In the March Monthly Minute, we review IRS proposed regulations implementing the SECURE Act, DOL guidance on cryptocurrency investments, and the extended National Emergency “Outbreak Period” guidance. Crypto-Curious vs....more

Nelson Mullins Riley & Scarborough LLP

Fiduciaries versus FOMO: Department of Labor Releases 401(k) Cryptocurrency Guidance

Regulators may be nervous about workers staking their retirements on crypto. The United States Department Labor’s Employee Benefits Security Administration (the “DOL”) recently issued Compliance Assistance Release No. 2022-01...more

Cozen O'Connor

Department of Labor Issues Strong Caution on Use of Cryptocurrencies in 401(k) Plans

Cozen O'Connor on

The U.S. Department of Labor (the DOL) has issued a compliance release that provides strong caution against ERISA fiduciaries of 401(k) and 403(b) plans including cryptocurrencies as plan investment options. In an unusual...more

Jackson Lewis P.C.

Is Crypto Too Cryptic for Your 401(k) Plan?

Jackson Lewis P.C. on

It started sometime last year and, in hindsight, was inevitable. Clients with 401(k) plans and a crypto-savvy employee population began asking whether they could offer cryptocurrency as a plan investment option. In the...more

Holland & Knight LLP

Department of Labor Cautions ERISA Fiduciaries on Offering Cryptocurrency Investments

Holland & Knight LLP on

The U.S. Department of Labor has issued a stark warning to ERISA fiduciaries about offering cryptocurrencies and related products as potential investment options for plan participants. In Compliance Assistance Release No....more

Littler

DOL Issues Guidance on Use of Cryptocurrency in 401(k) Plans

Littler on

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.  The announcement applies to cryptocurrencies as well as digital assets, which include “tokens,” “coins,”...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto can only be offered in a self-directed window

People know that I love crypto investing, but hate it as a potential 401(k) investment for almost all plan participants....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Can we admit crypto is a bad idea for 401(k) plans?

In the 30 plus years of investing, investing in cryptocurrency has been a wild ride. Mostly ups, but lots of downs. What makes sense as a small portion of investments that I’m willing to lose makes no sense as a 401(k)...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

About my Bitcoin 401(k) opinion

A few weeks back, I offered my two cents on Bitcoin (and other crypto-currency) and why I thought they would be lousy investments in a 401(k) plan....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Yes, Bitcoin in 401(k) plans is a bad idea

Over the 30 years of investing, I have seen nothing like my investment in bitcoin and other digital currencies. There have been swings of more than 10% a day and I’m up over 100% since first starting investing this summer....more

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