S. 3083

119 S3083 IS: Providing Complete Information to Retirement Investors Act
 U.S. Senate
 2025-10-30
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 3083
  IN THE SENATE OF THE UNITED STATES
  October 30, 2025
  Mr. Banks  (for himself and  Mr. Cassidy ) 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 ensure that
  pension plans provide notice to participants and beneficiaries on risks associated with
  certain investments, and for other purposes.
1.
Short title
This Act may be cited as the   Providing Complete Information to Retirement Investors Act  .
2.
Brokerage window disclosures
(a)
In general
Section 404(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c) ) is amended by adding at the end the following new paragraph:
(7)
Notice requirements for brokerage windows
(A)
In general
In the case of a pension plan which provides for individual accounts and which provides a participant or beneficiary the opportunity to choose from designated investment alternatives, a participant or beneficiary shall not be treated as exercising control over assets in the account of the participant or beneficiary unless, with respect to any investment arrangement that is not a designated investment alternative, each time before such a participant or beneficiary directs an investment into, out of, or within such investment arrangement, such participant is notified of, and acknowledges, each element of the notice described under paragraph (B).
(B)
Notice
The notice described under this paragraph is a 4-part information that is substantially similar to the following information:
  1. Your retirement plan offers
  designated investment alternatives prudently
  selected and monitored by fiduciaries for the
  purpose of enabling you to construct an appropriate
  retirement savings portfolio. In selecting and
  monitoring designated investment alternatives, your
  plan’s fiduciary considers the risk of loss and the
  opportunity for gain (or other return) compared with
  reasonably available investment
  alternatives.
  2. The investments available
  through this investment arrangement are not
  designated investment alternatives, and have not
  been prudently selected and are not monitored by a
  plan fiduciary.
  3. Depending on the investments
  you select through this investment arrangement, you
  may experience diminished returns, higher fees, and
  higher risk than if you select from the plan’s
  designated investment alternatives.
  4. The following is a hypothetical
  illustration of the impact of return at 4 percent, 6
  percent, and 8 percent on your account balance
  projected to age 67.
(C)
Illustration
The notice described under paragraph (B) shall also include a graph displaying the projected retirement balances of such participant or beneficiary at age 67 if the account of such individual were to achieve an annual return equal to each of the following:
(i)
4 percent.
(ii)
6 percent.
(iii)
8 percent.
  .
(b)
Designated investment alternative defined
Section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ) is amended by adding at the end the following new paragraph:
(46)
Designated investment alternative
(A)
In general
The term  designated investment alternative  means any investment alternative designated by a responsible fiduciary of an individual account plan described in subsection 404(c) into which participants and beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts.
(B)
Exception
The term  designated investment alternative  does not include brokerage windows, self-directed brokerage accounts, or similar plan arrangements that enable participants and beneficiaries to select investments beyond those designated by a responsible plan fiduciary.
  .
(c)
Effective date
The amendment made by subsection (a) shall take effect on January 1, 2026.