The U.S. Department of Labor has sent the White House a draft rule that will let cryptocurrencies into corporate 401(k) retirement plans. This happened on Thursday, November 5. The document is undergoing mandatory review - the final stage before publication.
401(k) is the main corporate retirement plan in the U.S. An employee contributes part of their salary, and the employer determines which funds can be chosen. Currently, there is almost no crypto in this lineup.
Why this matters for a trader. The rule opens access for plans to alternative assets, including digital ones. Money from American retirement accounts is a very large potential buyer of crypto.
Who and what is being reviewed right now?
The review is being conducted by OIRA.
This is the Office of Information and Regulatory Affairs within the White House Office of Management and Budget; all federal rules pass through it before release.
The rule implements Donald Trump's executive order. He instructed the Labor Department to give alternative assets a place in retirement plans.
What happened before this?
Before sending it to the White House, the agency took two steps.
- March 30, 2026. The Labor Department published a draft describing what a plan manager must check when considering digital assets and private capital.
- In May 2025. The agency rescinded a Biden-era directive that discouraged managers from crypto.
What is the main dispute?
The manager's liability to plan participants is the most contentious point. The Labor Department writes that the clarification should set criteria for weighing.
- Higher costs versus possible long-term returns and diversification - what the manager is obligated to compare.
- The costs themselves are still being calculated by the agency.
- Bernie Sanders and Elizabeth Warren previously demanded the rule be withdrawn: according to them, it will expose retirement savings to volatile assets.
What happens next?
After the White House review, the document is published as a draft and comments are collected. No specific timelines have been given for either the review or entry into force.
Key point: the decision is stretched out over time, and while it proceeds, crypto trades as usual. It's convenient to keep dates of regulatory and macro events in the economic calendar.
Retirement money will come in. What about your account?
When such rules reach publication, there is more liquidity in crypto. But you still have to trade it with the deposit you have. That's where the gap is: a BTC idea may be accurate, but on two thousand it yields a result the size of a couple of pizzas. In prop trading, the company sets the notional for the trade: you pay for the evaluation, trade within its loss limits, and take an agreed share of the profit. It's easier to understand the scheme now, while the market is calm.