Crypto in 401(k)s Is Risky, Lacks Oversight: GAO

News December 04, 2024 at 05:23 PM
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What You Need To Know

  • While cryptocurrency is still not common in retirement plans, it is available to some through core investment menus or brokerage windows.
  • Limited DOL data prevents systematic measurement of these assets, the GAO says.
  • Rep. Richard Neal, who requested the GAO report, says the government must increase oversight.
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While industry data suggests that 401(k) investment in cryptocurrency remains low, these investments are uniquely volatile and are difficult for the Labor Department to monitor, according to a just-released report by the Government Accountability Office.

"The potential for high returns can come with considerably high risk," GAO said.

Some 401(k) plans now offer the option to invest in crypto assets like bitcoin, GAO stated, and the Labor Department "still doesn't have the data to systematically measure crypto assets in 401(k) plans."

GAO said that its recommendation from 2014 "would improve the data the Department uses to identify 401(k) plans with investments in crypto assets."

Richard Neal, D-Mass., the ranking member on the House Ways and Means Committee, requested the GAO report in 2022 "as many major defined contribution plan providers announced the option to invest in cryptocurrencies" and after Labor cautioned that plan sponsors should exercise extreme care with cryptocurrency.

“Defined contribution plans are a key leg in our three-legged retirement savings system, with millions of Americans investing trillions of savings for a secure tomorrow," Neal said Wednesday in a statement.

"As markets evolve and new investing vehicles emerge, it is incumbent on the federal government to ensure proper oversight. Today’s report shows there’s more to do to protect American workers and their retirement savings from the volatile, high-risk environment that comes with cryptocurrencies," Neal said.

"The crypto market, since it began emerging as a 401(k)-investment option for some retirees and investment firms in 2022, has not been fully subjected to proper oversight and regulation," according to Neal. "As a result, as this report outlines, it has brought uniquely high risk to retirees. Americans must be confident that their investments are secure, and do not face unnecessarily high volatility, cybersecurity, and theft risk."

Limited Labor data prevents systematic measurement of crypto assets in 401(k) plans, GAO said in its report.

Based on available information, crypto assets are a small part of the 401(k) market. GAO said that it identified 69 crypto asset investment options available to 401(k) participants.

"Participants may have multiple ways to access these options," according to the report. "Some may have access through their 401(k) plans' core investment options. Participants may also have access to crypto assets outside these core options, through arrangements like self-directed brokerage windows."

GAO's analysis of investment returns "indicates crypto assets have uniquely high volatility — a measure of their riskiness to participants — and their returns can come with considerable risk."

GAO's simulation found that a high allocation (20%) to bitcoin, the crypto asset with the longest price history, can lead to higher volatility than smaller allocations (1% and 5%), the report states.

Further, GAO said its interviews with researchers and firms that develop crypto asset investment options "indicate there is no standard approach for projecting the potential future returns of crypto assets," the report states.

Lack of comprehensive data, along with regulatory uncertainty that GAO has previously identified, limits federal oversight of participant investment in crypto assets in 401(k) plans.

"DOL does not have comprehensive data to identify 401(k) plans that give participants access to crypto assets," the report states.

For example, the forms that 401(k) plan fiduciaries file to meet federal reporting requirements "do not identify crypto asset investment options in plans with fewer than 100 participants," according to the report. "Plans with 100 or more participants aggregate self-directed brokerage window investments, hindering DOL's ability to isolate investments in crypto assets. Additionally, federal regulatory gaps GAO identified in June 2023 remain unaddressed. As a result, certain crypto assets continue to trade in markets that do not have investor protections or comprehensive oversight."

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