
On May 28, 2025, the U.S. Department of Labor (DOL) released Compliance Assistance Release No. 2025-01, which rescinds prior 2022 guidance that cautioned plan fiduciaries to exercise “extreme care” before they considered adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants.
According to the DOL, the standard of “extreme care” deviated from the requirements of the Employee Retirement Income Security Act (ERISA). Under ERISA, fiduciaries must act prudently and solely in the financial interests of plan participants, among other standards of conduct.
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