PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on Education and Workforce.
Congressional Research Service
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People & committees
Rep. DeSaulnier, Mark [D-CA-10] · D–CA
Legislative record
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Referred to the House Committee on Education and Workforce.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Oct 14, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2026-10-01 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Employee and Retiree Access to Justice Act would change how people participating in employee benefit plans and their beneficiaries can challenge plan decisions. It would restrict agreements requiring arbitration—dispute resolution outside court—and agreements giving up individual or group claims. Covered agreements made after a dispute would require voluntary, informed written consent and a waiting period. Plans other than multiemployer plans could not require courts to defer to their benefit decisions or interpretations. Certain collectively bargained arbitration provisions would be excluded from the bill's arbitration definitions.
This Act may be cited as the Employee and Retiree Access to Justice Act.
no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section
no covered provision shall be valid or enforceable, if prior to a dispute to which the covered provision applies, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim available under this section
no postdispute arbitration provision shall be valid or enforceable unless— (i) the provision was not required by any person, obtained by coercion or threat of adverse action, or made a condition of participating in a plan, receiving benefits under a plan, or receiving any other employment, work, or any employment-related or work-related privilege or benefit; (ii) each participant or beneficiary agreeing to the provision was informed, through a paper notice, in a manner reasonably calculated to be understood by the average plan participant, of the right of the participant or beneficiary under subparagraph (C) to refuse to agree to the provision without retaliation or threat of retaliation
each participant or beneficiary agreeing to the provision so agreed after a waiting period of not fewer than 45 days, beginning on the date on which the participant or beneficiary was provided both the final text of the provision and the disclosures required under clause (ii); and (iv) each participant or beneficiary agreeing to the provision affirmatively consented to the provision in writing
no covered provision related to a plan other than a multiemployer plan shall be valid or enforceable that purports to confer discretionary authority to any person with respect to benefit determinations or interpretation of plan language, or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation.
other than a covered provision that the Secretary finds to be the product of bona fide collective bargaining
Section 2 would amend the civil-action provisions of the Employee Retirement Income Security Act of 1974. Its opening language covers lawsuits brought by or for plan participants or beneficiaries under that section, or involving common-law claims about a plan or benefit. Covered provisions could appear in any plan-related document or agreement, including a separate agreement.
Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following: (n) (1) In any civil action brought by, or on behalf of, a participant or beneficiary pursuant to this section or with respect to a common law claim involving a plan or plan benefit, notwithstanding any other provision of law
the term covered provision means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement
Subject to the bill's definition and collective-bargaining exception, an arbitration requirement taking effect before a dispute arose would be unenforceable if it required arbitration of a matter related to a claim under section 502.
no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section
the term predispute arbitration provision means a covered provision, other than a covered provision that the Secretary finds to be the product of bona fide collective bargaining, that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect
A covered arbitration agreement taking effect after a dispute arose would be unenforceable if any person required it, obtained it through coercion or threats of adverse action, or made it a condition of plan participation, benefits, employment, work, or related privileges. Each agreeing participant or beneficiary would have to receive an understandable paper notice of the right to refuse without retaliation or threats of retaliation.
no postdispute arbitration provision shall be valid or enforceable unless— (i) the provision was not required by any person, obtained by coercion or threat of adverse action, or made a condition of participating in a plan, receiving benefits under a plan, or receiving any other employment, work, or any employment-related or work-related privilege or benefit; (ii) each participant or beneficiary agreeing to the provision was informed, through a paper notice, in a manner reasonably calculated to be understood by the average plan participant, of the right of the participant or beneficiary under subparagraph (C) to refuse to agree to the provision without retaliation or threat of retaliation
the term postdispute arbitration provision means a covered provision, other than a covered provision that the Secretary finds to be the product of bona fide collective bargaining, that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect
Each participant or beneficiary agreeing to covered arbitration after a dispute would have to wait at least 45 days after receiving both the final agreement and required notice, then affirmatively consent in writing. The bill defines retaliation by reference to violations of existing section 510.
each participant or beneficiary agreeing to the provision so agreed after a waiting period of not fewer than 45 days, beginning on the date on which the participant or beneficiary was provided both the final text of the provision and the disclosures required under clause (ii); and (iv) each participant or beneficiary agreeing to the provision affirmatively consented to the provision in writing
the term retaliation means any action in violation of section 510.
Before a dispute, covered agreements could not enforce promises to give up pursuing, joining, litigating, or supporting individual or group claims available under section 502 in an otherwise authorized forum. After a dispute arose, such promises would be enforceable only if they met the same voluntariness, notice, waiting-period, and written-consent requirements as covered arbitration agreements.
no covered provision shall be valid or enforceable, if prior to a dispute to which the covered provision applies, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim available under this section in any forum that, but for such covered provision, is of competent jurisdiction
no covered provision shall be valid or enforceable, if after a dispute to which the covered provision applies arises, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim under this section in any forum that, but for such covered provision, is of competent jurisdiction, unless the covered provision meets the requirements of subparagraph (B)
For plans other than multiemployer plans, covered provisions could not grant discretionary authority over benefit decisions or plan interpretations. They also could not require a court reviewing those matters under section 502 to use anything other than de novo review, meaning a fresh assessment without deference to the plan's decision or interpretation.
no covered provision related to a plan other than a multiemployer plan shall be valid or enforceable that purports to confer discretionary authority to any person with respect to benefit determinations or interpretation of plan language, or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation.
Both arbitration definitions would exclude provisions the Secretary finds resulted from genuine collective bargaining. This is an exception to the rules using those arbitration definitions; the text does not give those provisions a blanket exemption from every restriction on covered agreements.
the term predispute arbitration provision means a covered provision, other than a covered provision that the Secretary finds to be the product of bona fide collective bargaining
the term postdispute arbitration provision means a covered provision, other than a covered provision that the Secretary finds to be the product of bona fide collective bargaining
the term covered provision means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement
A court would decide whether a covered arbitration requirement was valid and enforceable. That rule would apply even if the contract assigned the question to an arbitrator, and whether the challenge addressed the arbitration agreement alone or other contract terms as well.
Any dispute as to whether a covered provision that requires a participant or beneficiary to arbitrate a dispute related to a plan is valid and enforceable shall be determined by a court, rather than an arbitrator, regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.
For the new subsection's rules, a dispute would arise only when the plaintiff had actual knowledge of the breach or violation giving rise to a section 502 claim. The bill references existing section 413 for the meaning of actual knowledge; that section is not supplied.
For purposes of this subsection, a dispute shall be considered to arise only when a plaintiff has actual knowledge (within the meaning of such term in section 413) of a breach or violation giving rise to a claim under this section.
Section 3 would directly prohibit plans, plan sponsors, employers, and people or entities engaged to administer or operate plans from imposing covered predispute arbitration as a condition of participation or benefits. They also could not agree to postdispute arbitration without the required safeguards, or to other covered provisions that violated the new claim-waiver and discretionary-clause rules.
No covered person may— (A) require participants or beneficiaries to agree to a predispute arbitration provision as a condition for participation in, or receipt of benefits under, a plan; (B) agree to a postdispute arbitration provision with a participant or beneficiary with respect to a plan or plan benefit unless the conditions of clauses (i) through (iv) of section 502(n)(1)(B) are satisfied with respect to such provision; or (C) agree to any other covered provision with respect to a plan or plan benefit under any circumstances under which such provision would not be valid and enforceable under subparagraphs (C) through (E) of section 502(n)(1).
the term covered person means— (i) a plan; (ii) a plan sponsor; (iii) an employer; or (iv) a person engaged by a plan for purposes of administering or operating the plan
the terms covered provision, predispute arbitration provision and postdispute arbitration provision have the meanings given such terms in section 502(n)(2).
The Secretary of Labor could issue regulations to implement section 2, including rules governing the form and content of required notices. The bill authorizes this rulemaking but does not require it.
The Secretary of Labor may promulgate such regulations as may be necessary to carry out the amendment made by subsection (a), including providing for the form and content of notices required pursuant to such amendment.
The amendments would take effect upon enactment and apply to disputes or claims arising or accruing on or after that date. They would reach those disputes even when an applicable agreement predated enactment or plan documents had not yet been updated.
The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which a provision predating such date applies, regardless of whether plan documents have been updated in accordance with such amendments.
Outdated plan documents alone would not constitute a violation until after the beginning of the first plan year starting on or after the first anniversary of enactment. This temporary protection would apply only if the responsible person complied with the amendments while the documents remained outdated.
no person shall be deemed to be in violation of such amendments on account of plan documents that have not been updated in accordance with such amendments until after the beginning of the first plan year that begins on or after the date that is 1 year after the date of enactment of this Act, provided that such person acts in accordance with such amendments during the period in which the plan documents have not been updated.
The supplied official-actions snapshot, updated October 14, 2026, records introduction in the House and referral to the House Committee on Education and Workforce on October 1, 2026.
Source snapshot updated 2026-10-14T19:38:34Z. 2026-10-01: Referred to the House Committee on Education and Workforce. 2026-10-01: Introduced in House
A closer look
Reviewed version: Introduced in House · 2026-10-01. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy change attached to appropriations was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish the contents of other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials. Formal earmark disclosures and related materials were not supplied.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The supplied text contains narrow exceptions to its central restrictions. These classifications identify differential treatment without judging its justification or effects.
Multiemployer plans would be excluded from the new restriction on provisions granting discretion over benefit decisions or plan interpretation, and on provisions requiring deferential court review. This is a specific exception within the bill's main policy; it does not exempt those plans from all of the bill's restrictions.
no covered provision related to a plan other than a multiemployer plan shall be valid or enforceable that purports to confer discretionary authority to any person with respect to benefit determinations or interpretation of plan language, or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation.
Parties to arbitration provisions that the Secretary finds resulted from genuine collective bargaining would receive an exception from the bill's definitions of predispute and postdispute arbitration provisions. That would place those provisions outside the restrictions using those definitions, without establishing an exemption from every rule governing covered agreements.
the term predispute arbitration provision means a covered provision, other than a covered provision that the Secretary finds to be the product of bona fide collective bargaining, that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect
the term postdispute arbitration provision means a covered provision, other than a covered provision that the Secretary finds to be the product of bona fide collective bargaining, that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect
Full text preserved for this analysis. Legislative record snapshot: Oct 14, 2026. How PlainBill uses AI