A rule that would allow crypto in 401(k) retirement plans arrived at the White House for final review on November 6, 2026, according to Bitcoin Magazine. The report did not name the agency that sent the rule or the office conducting the review. It also did not state when the rule could take effect or what assets it would cover.
The Labor Department's rule would set the fiduciary standard plan managers apply when choosing whether to include crypto and other alternative assets in 401(k) menus, a decision that currently rests with employers and plan administrators. Securitize's expansion to 25 tokenized stocks shows firms building products for that access ahead of any final rule.
The Labor Department submitted a final rule to the Office of Information and Regulatory Affairs for review on November 5, according to a report by Bitcoin Magazine. The rule could ease cryptocurrency investments in 401(k) retirement plans and also covers private equity, real estate and other alternative assets. The filing carries identification number 1210-AC38 and is expected to be published after the White House review.
In March, the Labor Department announced proposed modifications creating additional safeguards for retirement plan administrators. The proposed framework provides six factors fiduciaries are to consider when choosing investments: performance, fees, liquidity, valuation, benchmarks and complexity. Following the proposed review process would give plan managers a legal presumption of meeting certain fiduciary duties.
The White House review does not take effect at the moment to alter rules or ensure retirement savers access cryptocurrency. Separately, the SEC recently outlined proposed crypto broker-dealer rule changes covering capital requirements and customer protection standards.
President Donald Trump signed an executive order on August 7, 2025 directing federal agencies to reconsider retirement investment restrictions. The order called on the Labor Department to issue guidance on fiduciary duties relating to alternative investments. The department's earlier guidance advised retirement plan managers to take extreme care with cryptocurrency investments and was withdrawn earlier this year. A May 2025 ruling affirmed a neutral stance consistent with existing federal retirement laws requiring a fiduciary duty.
Regulatory approval would be followed by a choice of investment products by employers and retirement plan managers. The proposed safe harbor would encompass decisions about selecting traditional and alternative investments. Financial companies are still working on products that integrate traditional assets with blockchain; Securitize expanded its tokenized stock offering on Solana, adding 13 equities to reach 25 stocks, including Disney, Salesforce and ExxonMobil, through an SEC-registered broker-dealer. The Labor Department must publish the final regulation after the review and designate an effective date.
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