The previous guidance targeted digital assets such as Bitcoin, NFTs, and meme coins. It warned of high risks, including fraud and volatility.
But on May 28th, the US Department of Labor stated that this level of caution is not grounded in ERISA. This applies to crypto and other investments covered by the key law that governs retirement plans.
Crypto Gains Ground as Retirement Plans Take a Neutral Stance
Instead, the new compliance bulletin takes a neutral stance, neither endorsing nor discouraging the inclusion of crypto. Officials say digital assets should be treated like any other potential investment. “Before the 2022 release, the Department had usually articulated a neutral approach,” the statement reads, marking a return to a more open investment philosophy.
This change could pave the way for more retirement plans to include crypto options. While still rare, crypto exposure in 401(k)s has slowly gained attention. For example, Fidelity, one of the largest retirement providers, began allowing employers to offer Bitcoin in 401(k) accounts in 2022. The move received both praise for innovation and criticism for risk.
$8 trillion of assets held in 401k plans have not had access to Bitcoin… until now. https://t.co/ovMTsJdD1Z pic.twitter.com/nEAyDnEB9i
— Ryan Rasmussen (@RasterlyRock) May 28, 2025
The policy change reflects a growing acceptance of crypto in the broader economy. President Trump himself recently saw a surge in his net worth after launching a $TRUMP meme coin. That success, symbolic or not, has made waves in both political and financial circles, further blurring the line between digital assets and mainstream investing.
Experts Warn: Crypto Still Too Risky for Retirement Accounts
Still, experts urge caution. Knut Rostad, president of the Institute for the Fiduciary Standard, called the rollback “a big mistake,” arguing that crypto remains too risky for retirement accounts. “Crypto doesn’t belong in a 401(k), period,” he said. Others, like Philip Chao of Experiential Wealth, worry the policy shift may send the wrong message—that crypto is a safe bet for retirement portfolios.
Under ERISA, employers still hold a fiduciary duty. They must act in the best interests of employees and choose investments responsibly. That legal requirement has not changed. So while the green light has been turned on, employers could still face lawsuits if crypto holdings underperform or cause losses.
Disclaimer
The information discussed by Altcoin Buzz is not financial advice. This is for educational, entertainment, and informational purposes only. Any information or strategies are thoughts and opinions relevant to the accepted risk tolerance levels of the writer/reviewers, and their risk tolerance may differ from yours. We are not responsible for any losses you may incur due to any investments directly or indirectly related to the information provided. Bitcoin and other cryptocurrencies are high-risk investments, so please do your due diligence. Copyright Altcoin Buzz Pte Ltd.
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