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Unlocking Crypto: Why State Pension Plans Have an Edge Over Private Plans

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Originally published on: November 22, 2024

State pension plans are leading the way in embracing cryptocurrencies, with attorney Allie Itami of Lathrop GPM highlighting the challenges that private pension plans face under the strict fiduciary regulations of the Employee Retirement Income Security Act of 1974 (ERISA). According to Itami, the nascent and volatile nature of cryptocurrencies has deterred private plans from investing in digital assets, giving state plans an advantage in allocating assets to crypto.

The guidelines set forth by the Employee Benefits Security Administration (EBSA) have limited private pension managers from venturing into the crypto markets, leaving capital inflows to be dominated by state pension plans until regulatory guidance shifts. As a result, state and municipal pension funds in the U.S. are already seizing the opportunity to invest in cryptocurrencies.

In a bold move, the State of Wisconsin Investment Board recently disclosed a $164 million investment in Bitcoin ETFs, while Michigan followed suit with a $6.6 million investment in Bitcoin ETFs. Florida’s chief financial officer, Jimmy Patronis, is also advocating for Bitcoin to be included in the state’s pension programs, emphasizing Bitcoin’s role as “digital gold” and a hedge against inflation.

As Patronis pointed out on CNBC, cryptocurrencies are here to stay, and Bitcoin’s properties make it a valuable asset in pension fund portfolios. With state pension plans leading the way in crypto adoption, private plans may need to reevaluate their strategies to stay competitive in the evolving financial landscape. Stay informed about the latest developments in crypto laws and guidelines by subscribing to the Law Decoded newsletter today.

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