In a new article in the Financial Times publication Ignites, Josh Lichtenstein, partner and head of the firm’s ERISA and Title I practice, discusses a new action by the Department of Labor that could pave the way for cryptocurrencies to be included in 401(k) plan investment menus.
On May 28, the Department of Labor rescinded guidance from 2022 that discouraged plan managers from including cryptocurrencies in 401(k) retirement plans. While DOL did not issue new guidance, the agency indicated that they neither approve nor disapprove of a plan fiduciary’s decision to include cryptocurrency.
As Josh remarks in the article, plan sponsors can design solutions to custody issues now the guidance has been rescinded. He also noted that plans could hold cryptocurrency directly through a brokerage window or indirectly through a structured offering like a fund or a trust on an investment menu.
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