ERISA and Retirement Plan Info
Legal Blogs
Retirement Plan Blogs
-
Recent Posts
- Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against offering cryptocurrency in 401(k) plans. To quote every compliance officer I’ve ever met: here we go again. Now let me be clear—I love crypto. I believe in decentralization, innovation, and financial technology that isn’t stuck in the Stone Age of paper checks and fax machines. I think crypto has a role to play in the future of retirement planning. But like any shiny new object in the retirement space, it needs to be handled with a mix of curiosity, caution, and common sense. Just because the DOL has backed off doesn’t mean you should go rushing to throw Bitcoin into your investment lineup like it’s a Target Date Fund. Fiduciary responsibility doesn’t vanish with a policy shift. ERISA didn’t change overnight. If I were ever to offer crypto in a 401(k)—and I’m not saying I would, just if—I certainly wouldn’t do it through some fly-by-night crypto wallet company that promises the moon, charges you the stars, and stores your coins on a server in someone’s basement. No, I’d use a trusted custodian—someone with experience, infrastructure, insurance, and a track record of not disappearing when the market tanks. Because let’s not forget: plan sponsors have a duty of prudence. That means understanding what you’re offering, why you’re offering it, and how it fits into the larger plan structure. Offering crypto in a plan isn’t inherently imprudent—but doing it with the wrong partner absolutely is. So while the political pendulum swings, let’s remember our job hasn’t changed. We’re still here to protect participants, build smart plans, and avoid ending up as the cautionary tale at the next ASPPA conference. Stay curious. Stay cautious. And please—if you’re going to offer crypto in a 401(k), don’t let a Reddit thread be your due diligence.
- Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds
- Late 5500s: The Maddening Decision Not to Use the DFVCP
- The Check’s in the Mail? Why That’s a Problem for Your 401(k)
- Here we go again
Recent Comments
- John O'Reilly on You Might Be Gold, But They May Not See It
- Dale F. Smith on “Experienced” Plan Provider can mean a lot of things
- Steve on Make a sure a plan provider change is for the right reason and not to make someone $$$$$
- Dale F. Smith on Yale Law Professor scares 6K Plan Sponsors and everyone missed the point
- Sherry Gensemer on The High Fee Open MEP becomes a High Fee MEAP
Archives
- June 2025
- May 2025
- April 2025
- March 2025
- February 2025
- January 2025
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
JDSupra
Categories
Monthly Archives: July 2013
“Fiduciary Expert” Gets 17 Years for stealing plan assets
A man who held himself out to be an “independent fiduciary” was just sentenced to 17 years in prison for stealing $5 million in assets from multiple employer plans he was running in a bid to buy a ski resort … Continue reading
Posted in 401(k) Plans, Retirement Plans
Leave a comment
Make a sure a plan provider change is for the right reason and not to make someone $$$$$
Everyone has an opinion, but I think the independent opinion that is guided by beliefs and not by pay is far more important than the opinion that is greased by greed. I had lunch with my local neighborhood third party … Continue reading
Posted in 401(k) Plans, Retirement Plans
1 Comment
Law Firm Review
My latest newsletter can be found here.
Posted in 401(k) Plans, Retirement Plans
Leave a comment
Retirement Plan Sponsors: This is Your Wake Up Call
My latest JDSupra article can be found here.
Posted in 401(k) Plans, Retirement Plans
Leave a comment
Proposed DOL Regulation: More Fee Disclosure Guidance?
The Office and Management Budget received a proposed regulation from the Department of Labor (DOL) , that will be released in 3 months. The assumption is that this regulation will be further clarification under Section 408(b)(2) fee disclosure regulations. This … Continue reading
Posted in 401(k) Plans, Retirement Plans
Leave a comment
As a plan provider, never let “them” change you
When I started my own National ERISA/ retirement plan law practice more than 3 years ago, it wasn’t easy. It still isn’t easy, but I could no longer see myself working for people who were either too arrogant or too … Continue reading
Posted in 401(k) Plans, Retirement Plans
Leave a comment
Yale Law Professor scares 6K Plan Sponsors and everyone missed the point
When I was in law school and the Executive Editor of the student magazine there, I uncovered a scandal where the bulk of editors and staff members of a student run law journal did not fill out and verify they … Continue reading
Posted in 401(k) Plans, Retirement Plans
1 Comment
The Small Stuff That Retirement Plan Sponsors Can’t Afford To Neglect
My latest article on JDSupra can be found here.
Posted in 401(k) Plans, Retirement Plans
Leave a comment
Plan providers always need to stress their value
When I started my practice 3 years ago, I had a public relations director on retainer. He was a nice guy, but he was more interested in promoting himself than in promoting me (at least I thought so). He had … Continue reading
Posted in 401(k) Plans, Retirement Plans
Leave a comment
Plan sponsors need their own Plan Provider All Stars
The Major League Baseball All Star Game was something I always looked forward, especially when my Mets were doing well in the mid-1980’s. Since 1933,it has been the Mid-Summer Classic. This year it’s at my home ballpark Citi Field and … Continue reading
Posted in 401(k) Plans, Retirement Plans
Leave a comment