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- 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 In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against offering cryptocurrency in 401(k) plans.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
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Monthly Archives: April 2025
Keep it simple stupid
As famously quoted in *This Is Spinal Tap*, there is a fine line between stupidity and cleverness. I can assure you that Michael McKean, who played David St. Hubbins in the movie and co-wrote it, was not involved in plan … Continue reading
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The Oceanside Pat On The Back Society
In the 401(k) industry, people get honored from time to time. Heck, I’ve even been named to 401k Wire’s Top 100 people in the 401(k) industry a couple of times. At no point, have I ever seen people undeserving get … Continue reading
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State Run Plans near $2 billion in assets
State-run retirement programs, including automatic individual retirement accounts (IRAs), are expanding access to retirement savings, with total assets nearing $2 billion. However, a new study from the Georgetown University Center for Retirement Initiatives (CRI) highlights that significant access gaps remain, … Continue reading
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Lockhead-Martin sued for DIY TDFs
If you are a large 401(k) plan considering offering in-house funds, be prepared for potential lawsuits. Lockheed Martin Corporation and its subsidiary investment management company are facing legal action from current and former participants in their 401(k) plans. They are … Continue reading
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401GO partners with Mesirow
401GO has partnered with Mesirow to provide outsourced 3(38) fiduciary services to its clients. Mesirow’s 3(38) fiduciary services will be integrated into the 401GO retirement platform, making them available to approximately 1,400 financial adviser partners using the 401GO recordkeeping system. … Continue reading
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These 401(k) average balances aren’t good
I remember when I was a kid and someone else’s parent bragged about how well their kid was doing. As a child and parent, I will attest that no one whose parents bragged they were a genius, was an actual … Continue reading
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The whole job offer fiasco
I have been an ERISA attorney since 1998. More than half my career now has been in my practice for 15 years this April. For about a three-year run from 2007-2010, I had three different jobs, and the whole process … Continue reading
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Merit buys Sanctuary Wealth
Merit Financial Advisors, a financial advisory firm based in Georgia, recently announced its acquisition of Sanctuary Wealth Management, LLC, and Fiduciary Services, LLC. This deal will enable Merit to establish a presence in Idaho and collectively grow its assets by … Continue reading
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Bill proposed to waive early withdrawal penalty for fraud
Last week, Rep. Haley Stevens (D-MI) introduced legislation aimed at waiving early withdrawal penalties for victims of retirement account fraud. The proposed bill, titled the “No Penalties for Victims of Fraud Act,” seeks to alleviate the financial strain on individuals … Continue reading
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DOL unveils Model VFCP Model Participant Notice
The Department of Labor (DOL) has issued a model notice for applicants to the Voluntary Fiduciary Correction Program (VFCP). This notice is essential for informing plan participants that the plan has applied to utilize this important correction program. It is … Continue reading
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