Balance the Scales Act
Sponsored By: Representative Rep. Rulli, Michael A. [R-OH-6]
In Committee
Summary
Would require the Labor Department to sign written agreements and file annual reports whenever it provides "adverse assistance" to plaintiff attorneys in ERISA pension cases. It would also require giving copies of those agreements to any employer, plan sponsor, or fiduciary that might be directly harmed and to explain how the assistance fits with promoting voluntary pension plan sponsorship.
Show full summary
- Employers, plan sponsors, and fiduciaries would get a copy of the written agreement and notice when the Department plans to provide adverse assistance. This gives affected parties advance visibility into the Department's role in litigation.
- The Labor Department would face new paperwork and timing rules. It would must submit an initial report actions within 60 days of enactment and then annual reports each December 31 that include redacted agreements, dates, descriptions of information shared, communication logs, and a statement on consistency with voluntary sponsorship policy.
- Plaintiff attorneys and potential ERISA plaintiffs would be covered by a formal agreement requirement. Any assistance aimed at attorneys for use in ERISA section 502(a) actions would need a written scope and documentation of information shared.
- Existing arrangements would need short compliance steps. If the Secretary completes required actions within 60 days for an existing agreement, those actions are treated as having occurred before further assistance is provided.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
New notice rules for ERISA plans
This bill would require the Secretary of Labor to enter a written agreement before providing any "adverse assistance." The Secretary would also have to give a copy of that agreement to any employer, plan sponsor, or fiduciary who could be directly harmed. The bill would define "adverse assistance" as help or advice, including sharing information, that is directed to an attorney for possible use in an ERISA section 502(a) civil suit. The Department would have to send Congress a report not later than 60 days after enactment and then by December 31 each year. Each report would include a redacted copy of each agreement, the date, detailed description of information shared (source, type, amount, and date), logs of verbal communications and meetings, and an explanation of how the agreement fits the policy of promoting voluntary plan sponsorship. Reports would name the agreement parties but could not include information that would identify other persons. The rules would apply to assistance given on or after the date of enactment, and the Secretary would have 60 days to meet the new written-agreement and notice steps for existing arrangements.
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Sponsors & CoSponsors
Sponsor
Rep. Rulli, Michael A. [R-OH-6]
OH • R
Cosponsors
McClain
MI • R
Sponsored 2/20/2026
Roll Call Votes
No roll call votes available for this bill.
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