American 401(k) retirement plans are opening the door to cryptocurrencies!
An executive order was signed by President Donald Trump on Thursday, August 7, 2025.
This opportunity is arguably more significant than the approval of crypto ETFs, as it offers a steady influx of funds into the crypto sector.
Based on an executive order signed on August 7, 2025, cryptocurrencies cannot be immediately included in 401(k) plans. The order itself does not authorize purchases but rather initiates a regulatory process to potentially allow their inclusion in the future.
Here is a detailed breakdown of the timeline and rules:
* Potential Inclusion Date: To Be Determined, Dependent on New Rules
The executive order is not self-executing, meaning there is no specific date from which cryptocurrencies can be automatically added to 401(k) plans. The order simply directs federal agencies to create the necessary regulatory framework.
Theoretically, a plan administrator could offer cryptocurrencies now, but they would do so under a cloud of legal uncertainty and face significant risk of litigation until official guidelines are issued. Therefore, it is expected that the vast majority of providers and employers will wait for the new rules.
* Rulemaking: Deadline of February 2026
The Department of Labor (DOL), which oversees compliance with the Employee Retirement Income Security Act (ERISA), plays a key role. The executive order has given the department a clear task and deadline:
Rulemaking Deadline: The Department of Labor has 180 days from the date the order was signed (August 7, 2025) to review existing guidelines and propose new rules.
Expected Publication Date: The new rules and guidelines should therefore be published no later than early February 2026.
These new rules are expected to clarify the duties of plan administrators (fiduciaries) when selecting and monitoring cryptocurrency investments, how to manage their volatility, and what disclosure requirements apply to plan participants. It is possible that "safe harbors" may also be introduced, which would provide legal protection to administrators who follow the prescribed procedures.
* Estimated First Cryptocurrency Purchases: Not Before 2026
Even after the final rules are published by the Department of Labor, it will still take some time before purchases actually take place:
Provider Analysis and Implementation: Major 401(k) plan providers (such as Fidelity, Vanguard, Charles Schwab) will need to analyze the new rules and implement them into their systems. This includes technical solutions for trading and custody of cryptocurrencies, as well as the preparation of informational materials for clients.
Employer Decisions: Every employer that offers a 401(k) plan will have to decide for themselves whether to offer this new investment option to their employees.
Inclusion in Offerings: Only then will individual plan participants be able to allocate a portion of their funds to cryptocurrencies.
Experts estimate that broader availability and the first actual purchases of cryptocurrencies within 401(k) plans can be expected during the course of 2026, with more widespread adoption potentially taking several years.
* Current Status of Major Providers:
Fidelity: Has previously expressed interest and has prepared the necessary infrastructure. It is expected to be one of the first to launch the offering once the rules are clarified.
Charles Schwab: Currently allows investment in crypto-ETF funds and stocks of companies in the industry, but does not offer direct cryptocurrency purchases within retirement plans.
Vanguard: Remains very cautious about cryptocurrencies and has not yet announced plans for their direct inclusion in 401(k)s.#401K