Retirement Fairness for Charities and Educational Institutions Act of 2025

This legislation aims to enhance 403(b) retirement plans by amending key federal securities laws, specifically the Investment Company Act of 1940, the Securities Act of 1933, and the Securities Exchange Act of 1934. The primary goal is to provide certain exemptions for 403(b) plans, which are commonly used by employees of public schools and certain tax-exempt organizations, thereby potentially reducing regulatory burdens and increasing flexibility. Under the proposed changes, a 403(b) plan would be excluded from the definition of an "investment company" and its interests would be considered "exempted securities" or exempt from registration requirements under specific conditions. These conditions include the plan being subject to Title I of the Employee Retirement Income Security Act of 1974 (ERISA) , or the employer agreeing to serve as a fiduciary for the selection of the plan's investments . For governmental 403(b) plans, the employer or a fiduciary must also review and approve each investment alternative offered to participants. These amendments are designed to streamline the regulatory environment for 403(b) plans, promoting greater retirement fairness for employees of charities and educational institutions.