ERISA Litigation Reform Act
Sponsored By: Representative Fine
In Committee
Summary
Tighter pleading and discovery rules for ERISA lawsuits. This bill would raise what plaintiffs must allege and prove in cases accusing fiduciaries of improper transactions and would pause broad discovery while early motions move forward.
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- Plaintiffs would need to plausibly allege and then prove that a challenged fiduciary transaction is not exempt under specific ERISA exemptions, including section 408(b)(2) for certain fiduciary services and section 408(e) for purchases or sales of employer securities.
- Plans and fiduciaries would get an automatic stay of discovery during a Rule 12 motion or certain early answer replies, while they must preserve relevant documents, electronic data, and tangible evidence as if under a continuing production request.
- Courts could limit discovery, impose sanctions for willful failure to preserve evidence, and, on proper showing, stay state-court discovery to protect federal court jurisdiction or effectuate federal judgments.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
New lawsuit rules for retirement savers
If enacted, this bill would make it harder for plan participants and beneficiaries to bring some ERISA lawsuits. Plaintiffs would have to both plausibly allege and prove that certain fiduciary transactions are not exempt — including employer-stock purchases or sales under section 408(e) and other listed conflicted transactions under section 408(b)(2). The bill would pause all discovery and other proceedings in Section 502 suits while a Rule 12 motion or a reply under Rule 7(a)(7) is pending, unless a court finds limited discovery is needed to preserve evidence or prevent undue prejudice. During any pause, parties with actual knowledge of the allegations would have to preserve and treat relevant documents, electronic data, and tangible items as if they were under a continuing production request, and a court could sanction willful failures and stay related state-court discovery to protect federal jurisdiction.
Sponsors & CoSponsors
Sponsor
Fine
FL • R
Cosponsors
Foxx
NC • R
Sponsored 3/18/2026
Roll Call Votes
No roll call votes available for this bill.
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