H.J.Res. 67 disapproves and nullifies the rule issued by the Department of Labor on August 30, 2016, establishing a “safe harbor” from the Employee Retirement Income Security Act for government-run IRAs managed by states and certain political subdivisions for private sector workers.
Under the final rule, cities and large political subdivisions will not have to comply with the fiduciary oversight and other protections of ERISA that ensure that workers’ savings are available to provide a secure retirement. In addition, the rule will result in overlapping and inconsistent requirements for employers operating in multiple jurisdictions, even within a state, disregarding ERISA’s statutory preemption of state and local laws affecting employee benefit plans.
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Apr 14, 2017.
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
This joint resolution nullifies a rule submitted by the Department of Labor's Employee Benefits Security Administration regarding savings arrangements established by qualified state political subdivisions for non-governmental employees.
(The rule amends a final regulation that describes how states may design and operate payroll deduction savings programs for private-sector employees, including programs that use automatic enrollment, without causing the states or private-sector employers to have established employee pension benefit plans under the Employee Retirement Income Security Act of 1974 [ERISA]. The amendment expands the regulation beyond states to cover qualified state political subdivisions and their programs that otherwise comply with the regulation.)