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A bill to amend the Employee Retirement Income Security Act of 1974 to ensure that retirement investors receive advice in their best interests, and for other purposes.

USA115th CongressS-1321| Senate 
| Updated: 6/8/2017
Johnny Isakson

Johnny Isakson

Republican Senator

Georgia

Cosponsors (6)
Lamar Alexander (Republican)Orrin G. Hatch (Republican)Todd Young (Republican)Michael B. Enzi (Republican)Tim Scott (Republican)Pat Roberts (Republican)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to modify requirements related to fiduciaries and the provision of investment advice for employer-sponsored retirement plans. (Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries.) The bill defines "investment advice" as a recommendation that relates to: the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, participants, or beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the advisor to comply with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice if: (1) no more than reasonable compensation is paid for the advice, and (2) specified disclosures and notifications are provided to the recipient of advice that is based on a limited range of investment options or may result in variable income to the investment advisor.
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Timeline
Jun 8, 2017
Introduced in Senate
Jun 8, 2017
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • June 8, 2017
    Introduced in Senate


  • June 8, 2017
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Labor and Employment

Related Bills

  • HR 115-2823: Affordable Retirement Advice for Savers Act
Administrative law and regulatory proceduresDepartment of LaborEmployee benefits and pensionsFinancial services and investments

A bill to amend the Employee Retirement Income Security Act of 1974 to ensure that retirement investors receive advice in their best interests, and for other purposes.

USA115th CongressS-1321| Senate 
| Updated: 6/8/2017
Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to modify requirements related to fiduciaries and the provision of investment advice for employer-sponsored retirement plans. (Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries.) The bill defines "investment advice" as a recommendation that relates to: the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, participants, or beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the advisor to comply with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice if: (1) no more than reasonable compensation is paid for the advice, and (2) specified disclosures and notifications are provided to the recipient of advice that is based on a limited range of investment options or may result in variable income to the investment advisor.
View Full Text

Suggested Questions

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Timeline
Jun 8, 2017
Introduced in Senate
Jun 8, 2017
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • June 8, 2017
    Introduced in Senate


  • June 8, 2017
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Johnny Isakson

Johnny Isakson

Republican Senator

Georgia

Cosponsors (6)
Lamar Alexander (Republican)Orrin G. Hatch (Republican)Todd Young (Republican)Michael B. Enzi (Republican)Tim Scott (Republican)Pat Roberts (Republican)

Health, Education, Labor, and Pensions Committee

Labor and Employment

Related Bills

  • HR 115-2823: Affordable Retirement Advice for Savers Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresDepartment of LaborEmployee benefits and pensionsFinancial services and investments