S 5174 United States Senate · 118th Congress

Restoring Integrity in Fiduciary Duty Act

This bill amends ERISA to clarify that retirement plan fiduciaries must prioritize financial factors (like risk and return) when selecting investments, directly affecting those managing 401(k) and pension plans. It prohibits fiduciaries from sacrificing financial returns or increasing risk to pursue non-financial goals (like environmental or social aims) unless financial factors alone cannot distinguish between options. If financial factors are insufficient, fiduciaries may use random selection ("capita aut navia") only after documenting why financial factors were inadequate and confirming the decision aligns with participants' financial interests. The law applies to all retirement plan fiduciaries and takes effect one year after enactment.
Bill status in committee 1 of 4 stages cleared
Introduction
Sep 2024
Committee Review
Floor Vote
President
Introduced Sep 25, 2024 Last action Sep 25, 2024
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2
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Committee
1
Sep 25, 2024
Committee
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
upper
Sep 25, 2024
Introduced
Introduced in Senate
upper
1 primary · 1 co-sponsor

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