By Emma Kinery | State Affairs
Key Points:
- Cryptocurrency advocates urge Congress to set national regulatory standards
- DeFi Education Fund says state laws hinder innovation and create legal uncertainty
- Senate is currently mulling a crypto market structure legislation
President Donald Trump’s executive order last month making it easier for employees to invest their retirement plans in “alternative assets” came as state lawmakers across the country have advocated for cryptocurrency to be an option for state-run retirement and pension plans.
There aren’t federal laws on the books that bar these types of alternative investments for retirement plans — such as cryptocurrency, private equity and real estate. But fiduciaries have been hesitant to include them for various reasons: high risk, questions over transparency, regulatory uncertainty and, for some assets like private equity, higher associated fees.
Trump’s order is the latest example of the change in tide. The Department of Labor in May rescinded a guidance issued under the Biden administration in 2022 warning plan managers to exercise “extreme care” when considering including cryptocurrency in investment plans.
