Interest in crypto 401(k) plans is rising rapidly, especially among younger employees. According to a 2022 survey by Charles Schwab, 46% of Gen Z and 45% of Millennial workers want the ability to invest in cryptocurrencies through their retirement accounts. Nearly half of these employees are already investing in cryptocurrencies beyond their workplace retirement accounts.

This growing demand is shifting conversations in HR and Finance, as more employees inquire about adding cryptocurrency to 401(k) investment menus. For employers, this interest brings new questions about compliance, due diligence, and best practices. For a deeper dive into broader trends and regulatory updates, see our comprehensive 401(k) resources for employers.

The Short Answer: Can Employers Add Crypto to a 401(k)?

It’s a question more HR and Finance leaders are facing as digital assets become mainstream: Can employers legally offer crypto investments through their 401(k) plans?

The answer is yes—employers can add cryptocurrency options if they meet their fiduciary responsibilities. In May 2025, the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2025-01, which rescinded its prior guidance that discouraged crypto in retirement plans. As the DOL stated, “Today's release restores the Department's historical approach by neither endorsing, nor disapproving of, plan fiduciaries who conclude that the inclusion of cryptocurrency in a plan's investment menu is appropriate.” Plan sponsors must still act prudently and in the best interest of participants, following ERISA’s fiduciary standards.

Previously, many employers reconsidered or put plans on hold due to regulatory caution and concerns about fiduciary risk or investment volatility.

For additional context on 401(k) cryptocurrency compliance, visit our 401(k) resources.

Before You Send It: What to Check and What to Avoid

Before reaching out to HR or your plan administrator, it’s important to craft your request thoughtfully. Employees should present clear, well-researched reasons for their interest in adding cryptocurrency to 401(k) options and avoid demands or performance arguments. ForUsAll and Insurance Business America both highlight the value of informed, respectful communication when requesting new plan features.

Professional, informed communication increases the likelihood of a constructive review.

Drawing on best practices, consider referencing credible sources, acknowledging risks, and suggesting a measured approach—such as asking for an evaluation or education session, not insisting on immediate allocation. Some leading 401(k) providers offer investment caps or dedicated education resources for digital assets, which might be referenced as options when making your request.

For a detailed checklist of what employers should review, explore our policy, process, and provider checklist for employers.

Copy-Paste Email Template (with Subject Line Options)

Below is a ready-to-use email template to help you request an employer evaluation of crypto options for your 401(k). This template is designed to be respectful, compliance-aware, and grounded in current regulatory guidance.

Subject Line Options:

• Request for Review: Cryptocurrency Options in Our 401(k) Plan

• Inquiry: Evaluating Digital Asset Investments in Our Retirement Plan

• Suggestion: Exploring Diversification with Cryptocurrency in Our 401(k)

Email Template:

Hi [HR/Plan Administrator Name],

I’m writing to ask if our company might evaluate the possibility of including cryptocurrency investment options in our 401(k) plan. Recent regulatory updates from the Department of Labor have clarified that plan sponsors may offer digital assets, provided they meet fiduciary standards.

I’ve seen that nearly half of Gen Z and Millennial employees are interested in this type of diversification (Charles Schwab, 2022), and several reputable providers now enable compliance-focused crypto options for retirement plans—your team may wish to review a list of these providers if considering next steps.

I understand that due diligence and participant education are critical. I’d appreciate it if our team could assess whether these options might fit our plan, perhaps starting with an internal review or an education session for employees.

As per the Department of Labor's May 2025 guidance, plan fiduciaries are neither endorsed nor disapproved for including cryptocurrency options in 401(k) plans, provided they adhere to ERISA's fiduciary standards.

For additional background, here’s a resource on 401(k) options and compliance.

Thank you for considering this request.

Optional Follow-Up Message: How to Nudge Respectfully

If you don’t receive a response after a reasonable period, a short, polite follow-up can help keep the conversation moving.

Reinforce your appreciation and willingness to discuss further.

Here’s a sample follow-up:

Hi [HR/Plan Administrator Name],

I wanted to follow up on my recent request regarding a potential review of cryptocurrency options in our 401(k) plan. Please let me know if there’s a process for submitting this for consideration, or if additional information would be helpful. Thank you again for your time and attention.

For more on how plan sponsors can responsibly approach digital assets, see our resource on How to Offer Crypto in a 401(k) (Without Breaking ERISA).

If You’re HR: Evaluation Resources for Crypto in 401(k) Plans

For HR and Finance teams, evaluating crypto in retirement plans means more than following the trend—it requires careful due diligence, participant education, and ongoing monitoring. It’s important to review compliance, security, and the credibility of providers.

• For step-by-step guidance, see our policy, process, and provider checklist for employers.

• To learn about setting up risk controls, including caps and eligibility, visit our risk controls for crypto in 401(k) plans.

Employer evaluation of crypto in 401(k) should always prioritize participant interests and compliance.

While current adoption rates remain limited, regulatory clarity and employee interest may drive more widespread inclusion of digital assets in the near future.

Ongoing oversight is key, as highlighted by the Government Accountability Office, which emphasizes the need for monitoring when offering digital asset options.

Next Steps and Employer CTA

Adding digital assets to a 401(k) plan is a significant decision that calls for a transparent, compliance-first process. If you’re an employer interested in learning more, we recommend consulting with legal and compliance advisors throughout your review.

It’s also smart to review your current plan documents for provisions or restrictions regarding new asset types.

To explore modern, flexible 401(k) solutions tailored to today’s workforce, get started with Basic Capital.

Regulatory Note: DOL’s 2025 Guidance Update

In May 2025, the DOL formally rescinded its earlier warning on cryptocurrency in 401(k) plans, returning to a neutral oversight position. As the Department stated, “Today's release restores the Department's historical approach by neither endorsing, nor disapproving of, plan fiduciaries who conclude that the inclusion of cryptocurrency in a plan's investment menu is appropriate.”

U.S. Secretary of Labor Lori Chavez-DeRemer reinforced this position: “We’re rolling back this overreach and making it clear that investment decisions should be made by fiduciaries, not D.C. bureaucrats.” Plan sponsors must continue to meet all ERISA fiduciary requirements when evaluating or adopting any new investment options.

Additionally, the Securities and Exchange Commission has reduced its emphasis on crypto asset oversight in its latest examination priorities, further reflecting this regulatory environment.

For additional updates and policy resources, visit our 401(k) resources.

References

U.S. Department of Labor. (2025, May 28). Compliance Assistance Release No. 2025-01. https://www.dol.gov/agencies/ebsa/key-topics/retirement-benefits/cryptocurrencies/compliance-assistance-release-2025-01

U.S. Department of Labor. (2025, May 28). News Release: EBSA20250528. https://www.dol.gov/newsroom/releases/ebsa/ebsa20250528

U.S. Government Accountability Office. (2024). 401(k) Plans: Industry Data Show Low Participant Use of Crypto Assets Although DOL’s Data Limitations Persist. https://www.gao.gov/products/gao-25-106161

Reuters. (2025, November 17). Wall Street regulator drops emphasis on crypto sector exams. https://www.reuters.com/sustainability/boards-policy-regulation/wall-street-regulator-drops-emphasis-crypto-sector-exams-2026-2025-11-17