The U.S. Department of Labor rescinded a Biden-era warning against offering cryptocurrency options in 401(k) plans, urging fiduciaries to exercise caution before adding cryptocurrency to investment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.