Employee and Retiree Access to Justice Act

This bill changes the federal law that governs employer retirement and benefit plans (ERISA). It would make arbitration agreements signed before a dispute arises unenforceable for claims by plan participants and beneficiaries, and would allow arbitration agreements made after a dispute only if they are voluntary, explained on a paper notice, signed in writing, and agreed to after a waiting period of at least 45 days. It would also void waivers of class, group, or individual lawsuits signed before a dispute, and for plans other than multiemployer plans, void clauses that give plan officials discretion over benefit decisions or require courts to defer to them. Courts, not arbitrators, would decide whether an arbitration clause is valid, and plans, sponsors, employers, and administrators would be barred from including such clauses.

Full text and official record on Congress.gov

Sponsors

• Tina Smith Democrat sponsor
• 0 cosponsors