Employee and Retiree Access to Justice Act of 2022

ISSUE Investment Advice Standard of Conduct HR 699, Mutual Fund Litigation Reform Act - amend the Investment Company Act of 1940 to provide complaint and burden of proof requirements for certain actions for breach of fiduciary duty HR 725/S 153, Personalized Care Act - amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes. HR 984, Retirement Inflation Protection Act - allows the basis of certain assets to be adjusted for inflation solely for the purpose of determining the gain or loss. S 380, Health Savings Act - modifies the requirements for health savings accounts (HSAs). HR 1584, Protecting Retirement Savers and Everyday Investors Act - impose a limitation on taxation and fees on transactions by certain securities industry participants. HR 1618/S 606, RESPOND Act - require the FRB and SEC to issue an annual report on the economic costs caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change. S 1443Retirement Parity for Student Loans Act -- allows certain employer-sponsored retirement plans to make matching contributions for an employee's student loan payments HR 2951 To direct the Secretary of the Treasury to modify Treasury Regulations relating to insurance-dedicated exchange-traded funds - enables ETFs as investment option in variable insurance products HR 2944 Reducing the Maximum Service Requirement for Long-term Part-time Workers to Make Elective Deferrals to 401(k) Plans Act -- to reduce the retirement plan period of service requirements for long-term, part-time employees. S 1703Improving Access to Retirement Savings Act of 2021 -- to increase retirement savings, to improve retirement plan administration, and for other purposes. S 1770Retirement Security & Savings Act -- to increase retirement savings, to improve retirement plan administration, and for other purposes. HR 3387/S 1762 Financial Factors in Selecting Retirement Plan Investment Act -- to permit retirement plans to consider certain factors in investment decisions. S 1272SIMPLE Plan Modernization Act -- increases the contribution limits for certain SIMPLE IRAs and modifies the requirements for replacing SIMPLE IRAs with 401(k) plans. HR 2741 Public Service Retirement Fairness Act -- To modify rules relating to 403(b) plans. HR 4262 Increasing Investor Opportunities Act - To amend the Investment Company Act of 1940 to prohibit limitations on closed-end companies investing in private funds S 2206Young American Savers Act of 2021 - directs the Department of the Treasury to establish as a permanent program the Federal Child Savings Account Program HR 4289 Well-Being Insurance for Seniors to be at Home (WISH) Act - to provide for long-term care insurance benefits HR 2913/S 2452 Encouraging Americans to Save Act - to provide matching payments for retirement savings and establish MyRA HR 4678/S 2446 Womens Retirement Protection Act of 2021 - to provide for greater spousal protection under defined contribution plans HR 5334/S 2870 Portable Retirement and Investment Account (PRIA) Act of 2021 - to establish portable retirement accounts S 2602,Retirement Security Flexibility Act of 2021 - modifies the nondiscrimination requirements that apply to certain employer-sponsored 401(k) retirement plans that include automatic contribution arrangements HR 2265, Financial Exploitation Prevention Act - allows for the delay of the redemption of a security issued by an open-end investment management company if the company or transfer agent reasonably believes the redemption involves the financial exploitation HR 5723, Social Security 2100 Act: A Sacred Trust - protect our Social Security system and improve benefits for current and future generations HR 4865/S 3198, Registration for Index Linked Annuities (RILA) Act - direct SEC to revise any rules necessary to enable issuers of index-linked annuities to register on a form tailored specifically to registered index-linked annuities S 2583 Disaster Retirement Savings Act - amend the Internal Revenue Code of 1986 to provide for rules for the use of retirement funds in connection with federally declared disasters. S 2601Strengthening Financial Security Through Short-Term Savings Accounts Act of 2021 -- allows employers to enroll employees in short-term savings accounts that are funded using automatic contributions deducted from participating employees' wages. HR 6746 Lifetime Income for Employees Act -- allows fiduciaries of pension plans to make default investment arrangements in annuity contracts HR 6782/S 3712 Auto Reenroll Act of 2022 -- allows sponsors of automatic contribution arrangements to reenroll their employees HR 5877/S 3746 Pension Risk Transfer Accountability Act of 2021 -- requires the Department of Labor to review pension risk transfer standards HR 6912 Pooled Employer Plan (PEP) Fix Act -- to require that named fiduciaries collect contributions to pooled employer plans HR 7107/S 2415 Long-Term Care Affordability Act -- allows the use of tax-exempt retirement plan distributions to pay for long-term health care insurance HR 7146/S 1870 Enhancing Emergency and Retirement Savings Act of 2022 -- permits penalty-free distributions, up to $1,000, from tax-exempt retirement plans for emergency personal expenses, limited to one distribution in a calendar year HR 2954 Securing a Strong Retirement of 2022 -- makes various changes with respect to employer-sponsored retirement plans, including providing for the automatic enrollment of employees in certain plans and increasing the age at which participants are required to begin receiving mandatory distributions. HR 7310, Protecting America's Retirement Security Act -- To protect Americas retirement security S 3955, Starter-K Act of 2022 -- allows employers who do not provide a retirement plan to establish a starter 401(k) deferral-only arrangement for plan years beginning after 2022 HR 7284, Informed Savers Act -- requires the Department of Labor to review the fee disclosure requirements associated with the administration of defined contribution retirement plans S 4086,Increasing Small Business Retirement Choices Act -- amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features S 4087, Information Needed for Financial Options Risk Mitigation (INFORM) Act -- require pension plans that offer participants and beneficiaries the option of receiving lifetime annuity payments as lump sum payments, to meet certain notice and disclosure requirements S 4103, Helping Parents Save for College Act of 2022 -- allows a retirement savings tax credit for contributions to any qualified tuition program (e.g., a 529 qualified tuition plan). It also permits a rollover of unused contributions to a ROTH IRA savings account S 4147, Financial Freedom Act -- prohibit the Secretary of Labor from constraining the range or type of investments that may be offered in individual retirement accounts S 4154, Simplifying Small Business Retirement Savings Act -- provide better access to retirement plans through small businesses S 4153, Incentivizing Small Business Retirement Savings Act -- allows eligible small employers an additional pension plan startup cost tax credit HR 7740/S 4219, Employee and Retiree Access to Justice Act - limit mandatory arbitration agreements under ERISA ISSUE, Davis-Bacon Benefits Proposed Rule DOL S 4241, INDEX Act -- to require investment advisers for passively managed funds to arrange for pass-through voting of proxies HR 7594/S 4097, Too Narrow to Succeed Act - instruct DOL to conduct a survey of best practices for increasing the diversity of the asset management firms that invest American workers retirement plan funds S 4310, Emergency Savings Act of 2022 -- allow employers to offer pension-linked emergency savings accounts for financial emergencies S 4353, RISE and SHINE Act -- amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to improve retirement plan provisions S 4361, Savvy Savers Act -- require reports to Congress on reporting and disclosure requirements related to retirement plans S 4102 SSI Savings Penalty Elimination Act - increases resource limits used to determine eligibility for the Supplemental Security Income (SSI) program HR 8521/S 4241 INDEX Act - guidelines for passively managed funds (e.g., index funds) that vote shares on behalf of fund investors in proxy shareholder votes S 4613 Maximize Americans Retirement Security Act - clarify the fiduciary duty of plan administrators to select and maintain investments based solely on pecuniary factors HR 8579 Retirement Protection Act of 2022 - increase retirement savings, simplify and clarify retirement plan rules S 4808 EARN Act - to reform retirement provisions S 4973 Retirement Savings Modernization Act - amend the Employee Retirement Income Security Act of 1974 to clarify the fiduciary duties regarding asset classes. HR 9252/ S 4406 Advancing Auto Portability Act - allows employees to transfer their retirement account upon terminating their employment to a similar account with a new employer. HR 9462/S 5271 Retirement Savings for Americans Act - establish the American Worker Retirement Plan HR 2617 Consolidated Appropriations Act, 2023 - to fund the government for through FY23, includes various retirement security provisions

Client expense: $810,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 2954, Securing a Strong Retirement Act of 2021 H.R. 7780, Mental Health Matters Act S. 1770, Retirement Security and Savings Act of 2021 S. 4219, Employee and Retiree Access to Justice Act of 2022 S. 4353, Retirement Improvement and Savings Enhancement to Supplement Healthy Investments for the Nest Egg (RISE & SHINE) Act S. 4808, Enhancing American Retirement Now Act or the EARN Act Various issues relating to multiemployer pension plans; multiemployer pension recapitalization and reform plan (MPRRP); single employer defined contribution plans and defined benefit plans; fiduciary investment duties and fiduciary status; prohibited transaction exemption procedures; prohibited transaction exemption 84-14; e-delivery of retirement plan disclosures and notices; funding for single employer pension plans; remote notarization and remote witnessing procedures; brokerage windows in self-directed retirement plans; U.S. Department of Labors review of the definition of investment advice fiduciary; auto-portability of retirement plans; Compliance Assistance Release, Department of Labor; No. 2022-1 401(k) Plan Investments in Cryptocurrencies

Client expense: $23,940,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Pension Benefit Guaranty Corporation (PBGC), SENATE, Treasury, Dept of

ISSUE Investment Advice Standard of Conduct HR 699, Mutual Fund Litigation Reform Act - amend the Investment Company Act of 1940 to provide complaint and burden of proof requirements for certain actions for breach of fiduciary duty HR 725/S 153, Personalized Care Act - amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes. HR 984, Retirement Inflation Protection Act - allows the basis of certain assets to be adjusted for inflation solely for the purpose of determining the gain or loss. S 380, Health Savings Act - modifies the requirements for health savings accounts (HSAs). HR 1584, Protecting Retirement Savers and Everyday Investors Act - impose a limitation on taxation and fees on transactions by certain securities industry participants. HR 1618/S 606, RESPOND Act - require the FRB and SEC to issue an annual report on the economic costs caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change. S 1443Retirement Parity for Student Loans Act -- allows certain employer-sponsored retirement plans to make matching contributions for an employee's student loan payments HR 2951 To direct the Secretary of the Treasury to modify Treasury Regulations relating to insurance-dedicated exchange-traded funds - enables ETFs as investment option in variable insurance products HR 2944 Reducing the Maximum Service Requirement for Long-term Part-time Workers to Make Elective Deferrals to 401(k) Plans Act -- to reduce the retirement plan period of service requirements for long-term, part-time employees. S 1703Improving Access to Retirement Savings Act of 2021 -- to increase retirement savings, to improve retirement plan administration, and for other purposes. S 1770Retirement Security & Savings Act -- to increase retirement savings, to improve retirement plan administration, and for other purposes. HR 3387/S 1762 Financial Factors in Selecting Retirement Plan Investment Act -- to permit retirement plans to consider certain factors in investment decisions. S 1272SIMPLE Plan Modernization Act -- increases the contribution limits for certain SIMPLE IRAs and modifies the requirements for replacing SIMPLE IRAs with 401(k) plans. HR 2741 Public Service Retirement Fairness Act -- To modify rules relating to 403(b) plans. HR 4262 Increasing Investor Opportunities Act - To amend the Investment Company Act of 1940 to prohibit limitations on closed-end companies investing in private funds S 2206Young American Savers Act of 2021 - directs the Department of the Treasury to establish as a permanent program the Federal Child Savings Account Program HR 4289 Well-Being Insurance for Seniors to be at Home (WISH) Act - to provide for long-term care insurance benefits HR 2913/S 2452 Encouraging Americans to Save Act - to provide matching payments for retirement savings and establish MyRA HR 4678/S 2446 Womens Retirement Protection Act of 2021 - to provide for greater spousal protection under defined contribution plans HR 5334/S 2870 Portable Retirement and Investment Account (PRIA) Act of 2021 - to establish portable retirement accounts S 2602,Retirement Security Flexibility Act of 2021 - modifies the nondiscrimination requirements that apply to certain employer-sponsored 401(k) retirement plans that include automatic contribution arrangements HR 2265, Financial Exploitation Prevention Act - allows for the delay of the redemption of a security issued by an open-end investment management company if the company or transfer agent reasonably believes the redemption involves the financial exploitation HR 5723, Social Security 2100 Act: A Sacred Trust - protect our Social Security system and improve benefits for current and future generations HR 4865/S 3198, Registration for Index Linked Annuities (RILA) Act - direct SEC to revise any rules necessary to enable issuers of index-linked annuities to register on a form tailored specifically to registered index-linked annuities S 2583 Disaster Retirement Savings Act - amend the Internal Revenue Code of 1986 to provide for rules for the use of retirement funds in connection with federally declared disasters. S 2601Strengthening Financial Security Through Short-Term Savings Accounts Act of 2021 -- allows employers to enroll employees in short-term savings accounts that are funded using automatic contributions deducted from participating employees' wages. HR 6746 Lifetime Income for Employees Act -- allows fiduciaries of pension plans to make default investment arrangements in annuity contracts HR 6782/S 3712 Auto Reenroll Act of 2022 -- allows sponsors of automatic contribution arrangements to reenroll their employees HR 5877/S 3746 Pension Risk Transfer Accountability Act of 2021 -- requires the Department of Labor to review pension risk transfer standards HR 6912 Pooled Employer Plan (PEP) Fix Act -- to require that named fiduciaries collect contributions to pooled employer plans HR 7107/S 2415 Long-Term Care Affordability Act -- allows the use of tax-exempt retirement plan distributions to pay for long-term health care insurance HR 7146/S 1870 Enhancing Emergency and Retirement Savings Act of 2022 -- permits penalty-free distributions, up to $1,000, from tax-exempt retirement plans for emergency personal expenses, limited to one distribution in a calendar year HR 2954 Securing a Strong Retirement of 2022 -- makes various changes with respect to employer-sponsored retirement plans, including providing for the automatic enrollment of employees in certain plans and increasing the age at which participants are required to begin receiving mandatory distributions. HR 7310, Protecting America's Retirement Security Act -- To protect Americas retirement security S 3955, Starter-K Act of 2022 -- allows employers who do not provide a retirement plan to establish a starter 401(k) deferral-only arrangement for plan years beginning after 2022 HR 7284, Informed Savers Act -- requires the Department of Labor to review the fee disclosure requirements associated with the administration of defined contribution retirement plans S 4086,Increasing Small Business Retirement Choices Act -- amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features S 4087, Information Needed for Financial Options Risk Mitigation (INFORM) Act -- require pension plans that offer participants and beneficiaries the option of receiving lifetime annuity payments as lump sum payments, to meet certain notice and disclosure requirements S 4103, Helping Parents Save for College Act of 2022 -- allows a retirement savings tax credit for contributions to any qualified tuition program (e.g., a 529 qualified tuition plan). It also permits a rollover of unused contributions to a ROTH IRA savings account S 4147, Financial Freedom Act -- prohibit the Secretary of Labor from constraining the range or type of investments that may be offered in individual retirement accounts S 4154, Simplifying Small Business Retirement Savings Act -- provide better access to retirement plans through small businesses S 4153, Incentivizing Small Business Retirement Savings Act -- allows eligible small employers an additional pension plan startup cost tax credit HR 7740/S 4219, Employee and Retiree Access to Justice Act - limit mandatory arbitration agreements under ERISA ISSUE, Davis-Bacon Benefits Proposed Rule DOL S 4241, INDEX Act -- to require investment advisers for passively managed funds to arrange for pass-through voting of proxies HR 7594/S 4097, Too Narrow to Succeed Act - instruct DOL to conduct a survey of best practices for increasing the diversity of the asset management firms that invest American workers retirement plan funds S 4310, Emergency Savings Act of 2022 -- allow employers to offer pension-linked emergency savings accounts for financial emergencies S 4353, RISE and SHINE Act -- amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to improve retirement plan provisions S 4361, Savvy Savers Act -- require reports to Congress on reporting and disclosure requirements related to retirement plans S 4406,Advancing Auto Portability Act -- to provide incentives for the use of automatic portability arrangements under defined contribution plans S 4102 SSI Savings Penalty Elimination Act - increases resource limits used to determine eligibility for the Supplemental Security Income (SSI) program HR 8521/S 4241 INDEX Act - guidelines for passively managed funds (e.g., index funds) that vote shares on behalf of fund investors in proxy shareholder votes S 4613 Maximize Americans Retirement Security Act - clarify the fiduciary duty of plan administrators to select and maintain investments based solely on pecuniary factors HR 8579 Retirement Protection Act of 2022 - increase retirement savings, simplify and clarify retirement plan rules S 4808 EARN Act - to reform retirement provisions

Client expense: $900,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE