White House Review Advances Rule That Could Allow Crypto in $10 Trillion 401(k) Market

A proposed rule that could reshape retirement investment options in the United States has cleared a key regulatory review, moving closer to public release. The White House’s Office of Information and Regulatory Affairs completed its review on March 24 of a Labor Department proposal affecting the nation’s $10 trillion 401(k) market.

Proposed ERISA Rule Could Permit Cryptocurrency and Private Equity

If finalized, the rule would amend fiduciary guidance under the Employee Retirement Income Security Act (ERISA), potentially allowing retirement plan sponsors to include cryptocurrency and private equity among designated investment choices. The proposal follows an executive order signed by President Donald Trump last year directing the Labor Department to support broader access to alternative assets in participant-directed defined-contribution plans.

The order also instructed the Securities and Exchange Commission, the Treasury Secretary, and other federal agencies to examine ways to expand access to alternative investments, including digital assets, within retirement plans.

Economically Significant Classification Signals Market Impact

The Office of Information and Regulatory Affairs classified the proposal as “economically significant” under Executive Order 12866, meaning it is expected to have an annual economic effect of at least $200 million or materially influence the economy.

The development comes as retirement savings continue to grow. According to Fidelity Investments, the average 401(k) balance reached $144,400 in the third quarter of 2025, up 9% year over year, while the average IRA balance rose 7% to $137,902.

Disclaimer

This content is for informational purposes only and does not constitute financial, investment, or legal advice. Cryptocurrency trading involves risk and may result in financial loss.