[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4613 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4613

To amend the Employee Retirement Income Security Act of 1974 to clarify 
   the fiduciary duty of plan administrators to select and maintain 
 investments based solely on pecuniary factors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2022

  Mr. Braun (for himself, Mr. Burr, Mr. Tuberville, Mr. Marshall, Ms. 
    Lummis, Mr. Wicker, Mr. Daines, and Mr. Inhofe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Employee Retirement Income Security Act of 1974 to clarify 
   the fiduciary duty of plan administrators to select and maintain 
 investments based solely on pecuniary factors, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maximize Americans' Retirement 
Security Act''.

SEC. 2. FIDUCIARY DUTY REGARDING THE CONSIDERATION OF CERTAIN FACTORS 
              IN INVESTMENT DECISIONS FOR EMPLOYEE BENEFIT PLANS.

    (a) In General.--Subsection (a) of section 404 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by 
adding at the end the following new paragraph:
    ``(3)(A) The duties under paragraph (1) shall include the duty to 
select and maintain investments based, except as provided in 
subparagraph (B), solely on pecuniary factors.
    ``(B) Notwithstanding subparagraph (A), when choosing between or 
among investment alternatives that a fiduciary is unable to distinguish 
on the basis of pecuniary factors alone, the fiduciary may use non-
pecuniary factors as the deciding factor in the selection or 
maintenance of an investment if the fiduciary furnishes to participants 
documentation on the following:
            ``(i) Why pecuniary factors were not sufficient to select 
        or maintain the investment.
            ``(ii) How the investment compares to the alternative 
        investments with regard to--
                    ``(I) the composition of the investments of the 
                plan with regard to diversification;
                    ``(II) the liquidity and current return of the 
                investments of the plan relative to the anticipated 
                cash flow requirements of the plan; and
                    ``(III) the projected return of the investments of 
                the plan relative to the funding objectives of the 
                plan.
            ``(iii) How the chosen non-pecuniary factor is consistent 
        with the interests of participants and beneficiaries in their 
        retirement income or financial benefits under the plan.
    ``(C) For purposes of this paragraph, the term `pecuniary factor' 
means a factor that a fiduciary prudently determines is expected to 
have a material effect on the risk or return of an investment based on 
appropriate investment horizons consistent with the plan's investment 
objectives and the plan's funding policy established pursuant to 
section 402(b)(1).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to investments made after the date that is 60 days after the date of 
enactment of this Act.
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