The US Department of Labor, under Donald Trump’s administration, has rescinded its previous cautionary guideline that called for “extreme care” when adding crypto assets to 401(k) retirement plan options.
Experts believe this could open the door for billions of dollars to flow into crypto assets. This could potentially boost investor confidence and broader market acceptance.
What Are the Implications of the 401(k) Crypto Guidance Repeal?
The guidance was issued on March 10, 2022, under former President Joe Biden. The Labor Department highlighted considerable risks crypto or crypto-related investments pose to retirement accounts, including potential fraud, theft, and loss.
Key issues identified included the assets’ extreme volatility, valuation difficulties, custody risks, participants’ limited understanding, and continuous changes in regulatory oversight.
“At this early stage in the history of cryptocurrencies, the Department has serious concerns about the prudence of a fiduciary’s decision to expose a 401(k) plan’s participants to direct investments in cryptocurrencies, or other products whose value is tied to cryptocurrencies,” the department noted.
However, in its latest statement, the department emphasized that the “extreme care” standard does not exist in the Employee Retirement Income Security Act (ERISA). It also clarified that before the 2022 guidance, its stance toward different types of investments and strategies was neutral.
“Today’s release restores the Department’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,” labor officials stated.
Furthermore, the US Secretary of Labor, Lori Chavez-DeRemer, criticized the Biden administration’s Department of Labor. She described its actions as an “overreach.”
“The Biden administration’s department of labor made a choice to put their thumb on the scale. We’re rolling back this overreach and making it clear that investment decisions should be made by fiduciaries, not D.C bureaucrats,” she said.
Meanwhile, crypto proponents have welcomed the Trump administration’s decision. Market watchers note that this move could lead to a surge of new capital flowing into digital assets.
Matt Hougan, Chief Investment Officer at Bitwise, highlighted the scale of the opportunity in the latest X post.
“FWIW, there are $9 trillion in 401(k) assets. Currently, ~0% is invested in crypto. That will change,” Hougan wrote.
In addition, Ryan Rasmussen, Head of Research at Bitwise Invest, referenced Bitwise’s December 2024 prediction, which had anticipated this development.
“If crypto captures 1% of 401(k) assets, that’s $80 billion of new capital entering the space and a steady flow thereafter,” the post read.
Thus, the latest decision could boost the entire crypto market. However, Bitcoin, already being a preferred asset among institutional investors, could likely benefit the most.
“Bitcoin just got a green light for retirement!!! This is massive!!!,” analyst Kyle Chassé posted on X.
BeInCrypto reported earlier that many firms are following Strategy’s (formerly MicroStrategy) footsteps and adopting BTC as a reserve asset, signaling growing adoption. The largest cryptocurrency has also received substantial support from the pro-crypto Trump administration.
At the Bitcoin Conference 2025, Vice President JD Vance suggested that Bitcoin was a “strategically important asset for the United States over the next decade.” The establishment of a Bitcoin Reserve further legitimizes the asset class and strengthens its position as a hedge against economic uncertainty.
Therefore, these factors could position Bitcoin as a key component in diversified retirement portfolios and drive further growth.
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