Restoring Integrity in Fiduciary Duty Act

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Introduced on September 25, 2024 by Bill Cassidy

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Legislation Details

  • Amends the Employee Retirement Income Security Act of 1974 to clarify fiduciary responsibilities regarding shareholder rights.
  • Establishes that fiduciaries may evaluate investments based solely on pecuniary factors.
  • Prohibits fiduciaries from prioritizing nonpecuniary goals over the financial interests of participants and beneficiaries.
  • Requires fiduciaries to avoid sacrificing investment returns or increasing risks for nonpecuniary benefits.
  • Mandates that fiduciaries weigh pecuniary factors prudently in relation to risk and return.
  • Allows the use of nonpecuniary factors only when pecuniary factors do not sufficiently distinguish between investment options, under specific documentation requirements.
  • Defines “capita aut navia” as a random selection standard for investment alternatives when pecuniary factors are equal.
  • Specifies that fiduciaries can consider nonpecuniary benefits when selecting investment options for participant-directed plans, provided they meet certain criteria.
  • Clarifies definitions related to investment courses of action, material financial risks or returns, and pecuniary factors.
  • The amendments will take effect one year after the enactment of the legislation.

Last updated 11/20/2024