The U.S. Department of Labor proposed a new rule in March 2026 that would allow fiduciaries of 401(k) retirement plans to include cryptocurrencies and other alternative assets in investment menus. The proposal also includes a safe harbor provision designed to reduce litigation risk for fiduciaries, while still requiring them to weigh factors such as fees, liquidity, and valuation before offering those assets. The move follows the Trump administration’s policy direction of widening access to alternative assets in retirement plans. The Labor Department had already withdrawn guidance issued in 2021 and 2025 that had limited crypto investment in such plans. The proposal has drawn opposition from Senator Elizabeth Warren and others, who argue that crypto assets are too volatile and that investor protections remain insufficient.
The U.S. Department of Labor proposed a new rule in March 2026 that would allow fiduciaries of 401(k) retirement plans to include cryptocurrencies and other alternative assets as investment options.
The proposal would create a safe harbor provision to reduce litigation risk for fiduciaries. At the same time, it says fiduciaries must consider factors including fees, liquidity, and valuation before adding those assets.
The measure follows the Trump administration’s policy direction of expanding access to alternative assets in retirement plans. The Labor Department had previously withdrawn guidance from 2021 and 2025 that restricted cryptocurrency investment.
Senator Elizabeth Warren and others oppose the proposal, arguing that crypto assets are too volatile and that investor protections are not sufficient.
Cointelegraph was cited as the source of the report, which was summarized by Techub.
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