Protecting Prudent Investment of Retirement Savings Act
Description
This bill would require retirement plan fiduciaries to prioritize financial factors over non-financial goals when making investments.
Summary
What it does
This bill would require fiduciaries of employer-sponsored retirement plans to make investment decisions based solely on pecuniary factors that materially affect risk and return. It proposes to limit the use of nonpecuniary factors to specific situations, such as when a fiduciary cannot distinguish between investment options based on financial factors alone. Additionally, the bill would prohibit discrimination in the selection of plan service providers and establish guidelines for the prudent exercise of shareholder rights, such as proxy voting.
Who is affected
This bill affects fiduciaries of employer-sponsored retirement plans, who must adhere to new requirements regarding investment decisions and the exercise of shareholder rights. It also impacts plan participants and beneficiaries, as fiduciaries are required to prioritize their interests and provide specific notices regarding designated investment alternatives. Additionally, the legislation applies to plan service providers, counsel, and employees by prohibiting discrimination in their selection, monitoring, and retention.
Key provisions
- Requirement for pecuniary-based investment decisions. Plan fiduciaries must generally base investment decisions solely on factors expected to have a material effect on the risk or return of an investment. Nonpecuniary factors may only be considered in specific circumstances, such as when fiduciaries cannot distinguish between alternatives based on pecuniary factors alone.
- Nondiscrimination in service provider selection. The bill prohibits fiduciaries from practicing discrimination when selecting, monitoring, or retaining plan counsel, employees, or other service providers.
- Standards for exercising shareholder rights. Fiduciaries must act prudently and in the interest of plan participants when voting proxies or exercising other shareholder rights. The bill clarifies that this duty does not mandate the voting of every proxy or the exercise of every available right.
- Enhanced notice requirements for participant-directed plans. Fiduciaries are required to provide specific notices regarding pension plans that allow participants or beneficiaries to choose from designated investment alternatives.
Fiscal impact
- H.R. 2988, Protecting Prudent Investment of Retirement Savings Act· As ordered reported by the House Committee on Education and Workforce on June 25, 2025
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
This bill modifies existing legal requirements for fiduciaries of employer-sponsored retirement plans by establishing new standards for how they must evaluate investment factors and exercise shareholder rights. It further amends the duties of plan fiduciaries regarding the selection of service providers and the notification requirements for pension plans that offer participant-directed investment alternatives.
Stated purpose
The bill aims to ensure that fiduciaries of employer-sponsored retirement plans prioritize financial outcomes by requiring investment decisions to be based primarily on pecuniary factors. It also establishes standards for the non-discriminatory selection of plan service providers and clarifies fiduciary duties regarding the exercise of shareholder rights and participant notifications.