PortugalWhite House OIRA decision on Labor Department 401(k) crypto rule
⚠ The date is not confirmed yet and may change.
A White House review of the U.S. Department of Labor's proposed rule that could make it easier to include Bitcoin (BTC) in 401(k) plans is expected to conclude around the end of 2026, in December. The timing is tentative and has not been officially confirmed.
What is happening
The proposed rule, identified as RIN 1210-AC38, has been pending at the Office of Information and Regulatory Affairs (OIRA) since September 28, 2026. OIRA is the White House office that reviews significant regulations before they are published. This review is the last hurdle before the rule can appear in the Federal Register. White House guidance tells agencies to expect a review of up to 90 days, which points to a decision around the end of 2026.
The rule traces back to an August 2025 executive order that told the Labor Department to clarify its guidance on cryptocurrencies and private markets in 401(k) plans. In May 2025 the department had already rescinded Compliance Assistance Release No. 2022-01, which urged fiduciaries to use "extreme care" before adding crypto options. The proposal itself was released on March 31, 2026, and Democratic lawmakers criticized it in June as "harmful to American workers and counter to statute."
The proposal introduces a "safe harbor" provision. If an employer carefully evaluates performance, fees, liquidity and other factors, it would be presumed to have made prudent choices under ERISA, the federal law governing workplace retirement plans. Employers would still control the investment menu, so a plan committee would have to approve any Bitcoin fund before savers could buy it.
Why it matters
As of June 30, 2026, 401(k) plans held $10.8 trillion, according to the Investment Company Institute. A 1% allocation to Bitcoin would equal roughly $108 billion, compared with about $96 billion held by all U.S. spot Bitcoin ETFs on November 6. Much of that retirement money belongs to wealthier households, however, and large sums tend to move slowly.
Likely entry routes are self-directed brokerage windows or small allocations within target-date funds. Plan committees work on set schedules and recordkeepers are still building crypto options, so adoption may be gradual. The article suggests a select group of plans could offer Bitcoin exposure in 2027, while most savers may not see it on their menus that year. If the review stalls or the rule faces legal challenges, small allocations might not appear until 2028 or later. Holders and traders may watch whether OIRA clears the rule and how quickly it is published.
Key details
- Date: December 2026 (month precision; exact day not set, tentative)
- Project: U.S. Department of Labor
- Coins: BTC
- Category: Regulatory Deadline
- Status: Tentative
- Source: 247wallst.com, "The 401(k) crypto rule is in its final White House review" (https://247wallst.com/investing/cryptocurrency/2026/11/08/the-401k-crypto-rule-is-in-its-final-white-house-review-could-retirement-money-start-flowing-into-bitcoin-in-2027/)