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DOL rescinds Biden-era warning against offering cryptocurrency in 401(k) plans

  • The U.S. Department of Labor rescinded a Biden-era warning against offering cryptocurrency options in 401(k) plans, urging fiduciaries to exercise caution before adding cryptocurrency to investment menus.
  • The guidance deviated from the requirements of the Employee Retirement Income Security Act and marked a departure from the department’s historically neutral approach to fiduciary investment decisions.
  • The decision to rescind the guidance reaffirms the department's neutral stance on whether fiduciaries include cryptocurrency in an investment plan.
  • The warning against cryptocurrency was based on risks such as fraud, theft, and volatility in investments, as participants may lack sufficient knowledge about these digital assets compared to traditional investments.

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