A proposed US Labor Department rule could make it easier for 401(k) retirement plans to offer Bitcoin and other cryptocurrencies, but it would not guarantee their inclusion. Experts cited by Cointelegraph said Bitcoin’s established market and investment products could put it among the first digital assets offered, while implementation and legal risks could slow adoption.
Cointelegraph’s report, published on November 7, 2026, said the proposal had reached the White House for final review on Thursday, according to the Office of Information and Regulatory Affairs. At the time of reporting, it remained a proposal—not an authorization requiring employers to add crypto to retirement plans.
Why Bitcoin could be among the first options
The Labor Department’s March proposal aims to ease access to alternative investments, including crypto, while providing greater legal protection for employers and retirement-plan managers. It neither names eligible digital assets nor sets a minimum market capitalization.
Instead, it directs plan managers to consider six factors: performance, fees, liquidity, valuation, benchmarks and complexity.
Teresa Goody Guillén, managing partner at Bellementis PLLC, said Bitcoin and Ether would likely be offered first because they have established markets and investment products. According to CoinGecko data cited in the report, their market capitalizations were approximately $1.5 trillion and $273 billion, respectively, as of 20:01 UTC on November 6.
Guillén emphasized that size alone would not determine suitability. Plan managers would still need to demonstrate that their choices met standards of prudence, liquidity, valuation and investor protection.
“Big doesn’t mean suitable, and small doesn’t mean disqualified,” she said.
Bernardo Brites, co-founder and CEO of Trace Finance, offered a more restrictive assessment. In his view, Bitcoin clearly met the proposed criteria, Ether also passed, and other tokens fell short on track record or benchmarks before market capitalization became relevant. That was his assessment, not an eligibility list established by the proposal.
Brites said a practical question for plan committees would be whether they could document a reliable daily price through a regulated investment wrapper.
Funds could precede direct Bitcoin holdings
The proposal does not restrict crypto exposure to exchange-traded funds or managed funds. Nevertheless, Guillén expected those products to arrive before direct holdings because they fit existing custody and recordkeeping systems.
Direct cryptocurrency holdings would raise additional storage, cybersecurity and pricing concerns, she said, although those concerns should not automatically exclude them.
Brites also expected a gradual rollout: existing brokerage options first, followed by standalone ETFs and funds holding small crypto allocations. He forecast that some crypto investment options could become available in 2027, with ETFs reaching larger employers later that year and broader retirement-fund availability possible by 2028.
Those dates were Brites’ expectations, not an official implementation schedule. As he put it: “The rule changes the legal risk, not the plumbing, and the plumbing is slower.” He said White House review could take up to 90 days, followed by publication and an effective date typically 60 days later.
Legal protection would not eliminate risk
Brites cautioned that the proposal’s protections would not prevent lawsuits over investment decisions. He also said the possibility of a future administration reversing the rule could discourage employers from adding crypto to long-term retirement plans.
He pointed to the reversal in 2025 of guidance issued in 2022 and said the weight courts would give the proposed safe harbor remained unsettled, particularly with courts giving less deference to agencies.
For Bitcoin, the potential opening therefore depends on more than completion of regulatory review. The experts’ assessments suggest that established investment products could ease access, but actual inclusion would still depend on plan managers’ decisions, operational readiness and legal confidence.
Original source: Cointelegraph, published November 7, 2026, at 04:04:27 UTC+08:00. This article reflects the proposal’s status and expert expectations at that reporting time.