# Labor Department rescinds its special 'extreme care' cryptocurrency guidance

> EBSA rescinded its 2022 cryptocurrency compliance release in full and returned to a neutral, context-specific application of ordinary ERISA fiduciary principles rather than a special 'extreme care' formulation.

- URL: https://riadefi.com/regulation/2025-05-28-dol-401k-crypto-guidance-rescission/
- Posture: Guidance
- Authorities: U.S. Department of Labor, Employee Benefits Security Administration
- Event date: 2025-05-28
- Effective: 2025-05-28
- Version: 1, published 2026-08-07 (first published 2026-08-07)
- Advisor-relevant: yes

## What changed

EBSA rescinded its 2022 cryptocurrency compliance release in full and returned to a neutral, context-specific application of ordinary ERISA fiduciary principles rather than a special 'extreme care' formulation.

## Who it affects

- ERISA plan fiduciaries and committees
- Advisers and consultants serving retirement plans
- Service providers offering digital-asset investment exposure to plans

## What is still open

- Whether a particular digital-asset option is prudent for a specific plan
- Operational, valuation, custody, liquidity, cybersecurity, and participant-communication requirements
- How future enforcement and guidance will apply ordinary fiduciary principles

## What it means for an advisor

- Update policies that quote the rescinded 2022 release as current DOL guidance
- Retain a documented, context-specific ERISA prudence process
- Do not present rescission as DOL endorsement of cryptocurrency in retirement plans

## Previous interpretation

The 2022 release directed plan fiduciaries to exercise 'extreme care' before adding cryptocurrency to a 401(k) investment menu.

## Sources

1. [Compliance Assistance Release No. 2025-01](https://www.dol.gov/agencies/ebsa/employers-and-advisers/plan-administration-and-compliance/compliance-assistance-releases/2025-01) · U.S. Department of Labor, Employee Benefits Security Administration · 2025-05-28 · effective 2025-05-28


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Published by Ketju Research on RIADeFi (https://riadefi.com). Educational research for financial professionals; not investment, legal, tax, or compliance advice.