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Referenced Laws
29 U.S.C. 1104(c)
29 U.S.C. 1002
Section 1
1. Short title This Act may be cited as the Providing Complete Information to Retirement Investors Act.
Section 2
2. Brokerage window disclosures 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: 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). The notice described under this paragraph is a 4-part information that is substantially similar to the following information: 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: 4 percent. 6 percent. 8 percent. 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: 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. 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. The amendment made by subsection (a) shall take effect on January 1, 2026. (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. . (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.
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