The "Financial Freedom Act of 2025" seeks to limit the Secretary of Labor's authority over investment choices within certain pension plans. It amends the Employee Retirement Income Security Act of 1974 (ERISA) to clarify fiduciary duties for plans where participants or beneficiaries control their individual account assets. Under this bill, fiduciaries are not required to select or prohibited from selecting any particular investment type, provided they offer a broad range of alternatives. Investment types should only be favored or disfavored based on their risk-return characteristics , aligning with the objective of providing suitable benefits. A key provision specifically addresses self-directed brokerage windows . If a fiduciary selects such a window, the Secretary of Labor is expressly prohibited from issuing regulations or guidance that would constrain or prohibit the range or type of investments offered through it. Furthermore, the bill clarifies that selecting a self-directed brokerage window, or a participant's control over assets within it, does not violate ERISA's diversification or prudence requirements.
The "Financial Freedom Act of 2025" seeks to limit the Secretary of Labor's authority over investment choices within certain pension plans. It amends the Employee Retirement Income Security Act of 1974 (ERISA) to clarify fiduciary duties for plans where participants or beneficiaries control their individual account assets. Under this bill, fiduciaries are not required to select or prohibited from selecting any particular investment type, provided they offer a broad range of alternatives. Investment types should only be favored or disfavored based on their risk-return characteristics , aligning with the objective of providing suitable benefits. A key provision specifically addresses self-directed brokerage windows . If a fiduciary selects such a window, the Secretary of Labor is expressly prohibited from issuing regulations or guidance that would constrain or prohibit the range or type of investments offered through it. Furthermore, the bill clarifies that selecting a self-directed brokerage window, or a participant's control over assets within it, does not violate ERISA's diversification or prudence requirements.