Crypto Corner: Including Crypto Currency Investment in Retirement Plans

In late May, the Department of Labor (DOL) issued Compliance Assistance Release No. 2025-01, which rescinds Compliance Assistance Release No. 2022-1, published by the Biden Administration. The earlier release had advised 401(k) plan fiduciaries to avoid including cryptocurrencies as direct investment options in their retirement plans, urging 401(k) plan fiduciaries to exercise "extreme care" when considering cryptocurrencies, digital assets, or similar products in a defined contribution plan's investment lineup. The new release restores the DOL’s historical approach by neither endorsing, nor disapproving of, plan fiduciaries who conclude that the inclusion of cryptocurrency in a plan's investment menu is appropriate. Times are changing!

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