# 119-s-5605: Employee and Retiree Access to Justice Act

119-s-5605, Employee and Retiree Access to Justice Act, is a 119th Congress bill sponsored by Sen. Smith, Tina [D-MN] (D-MN); status introduced; PRIA reads it as touching household money (as of 2026-10-16).

- Canonical: https://policyrisk.com/legislation/119-s-5605
- As of: 2026-10-16
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-5605
- Congress: 119
- Title: Employee and Retiree Access to Justice Act
- Status: introduced
- Introduced: 2026-09-30
- Sponsor: Sen. Smith, Tina [D-MN] (D-MN)
- Cosponsors: 0
- Policy area: Labor and Employment
- Touches household money: yes
- Last recorded action: 2026-10-16

## Summary

**Bans mandatory arbitration and steers ERISA disputes into courts.** The Employee and Retiree Access to Justice Act would make predispute arbitration clauses for ERISA section 502 claims invalid and set strict conditions for any postdispute arbitration or limits on legal forums.

## Provisions PRIA read

- More courtroom review for benefits: benefit, medium. If enacted, courts would review benefit decisions and plan language without giving special deference for most plans. The bill would make invalid any plan term that gives someone discretionary authority over benefit determinations or asks courts to apply a deferential standard. This would apply to p…
- Ban on forced arbitration before disputes: benefit, low. If enacted, the bill would make predispute arbitration clauses unenforceable for claims under ERISA section 502. Plans, employers, and other covered persons could not require arbitration as a condition of joining a plan or receiving benefits. Participants and beneficiaries would still be able to br…
- Court review and post dispute consent: benefit, low. If enacted, a court — not an arbitrator — would decide whether a plan-related arbitration agreement is valid. The bill would allow post-dispute arbitration only if the participant was not coerced, got a paper notice explaining the right to refuse, had at least 45 days to review the final terms and…
- Transition timing and claim rules: mixed, low. If enacted, the bill's rules would apply to disputes arising on or after enactment. A dispute would be treated as arising only when the plaintiff actually knows about the breach, using ERISA section 413's definition of actual knowledge. Plans and other covered persons would have until after the sta…

## Related bills

- 119-s-5071: Children's Safe Welcome Act of 2026
- 119-s-5022: Cannabis Administration and Opportunity Act
- 119-s-2819: Head Start for America's Children Act
- 119-s-5283: Momnibus Act
- 119-s-1507: Agriculture Resilience Act of 2025
- 119-s-3990: PrEP Access and Coverage Act of 2026

## Sources
- [119-s-5605 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/5605)

## Related
- [119-s-5071: Children's Safe Welcome Act of 2026](https://policyrisk.com/legislation/119-s-5071)
- [119-s-5022: Cannabis Administration and Opportunity Act](https://policyrisk.com/legislation/119-s-5022)
- [119-s-2819: Head Start for America's Children Act](https://policyrisk.com/legislation/119-s-2819)
- [119-s-5283: Momnibus Act](https://policyrisk.com/legislation/119-s-5283)
- [119-s-1507: Agriculture Resilience Act of 2025](https://policyrisk.com/legislation/119-s-1507)
- [119-s-3990: PrEP Access and Coverage Act of 2026](https://policyrisk.com/legislation/119-s-3990)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-5605 (as of 2026-10-16).