Balance the Scales Act
Sponsored By: Representative Rulli, Michael A. [R-OH-6]
In Committee
Summary
Requires written pre-agreements and public reporting whenever the Department of Labor's Employee Benefit Security Administration (EBSA) gives "adverse assistance" to attorneys in ERISA cases. It would also declare a federal policy to promote voluntary sponsorship and maintenance of employer pension plans.
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- Employers, plan sponsors, and plan fiduciaries would get a copy of any written agreement before the Department provides adverse assistance that could directly and adversely affect them. Reports to Congress must include identifying information for parties with limits on naming other private actors.
- Individuals and attorneys who receive so-called adverse assistance would face a requirement that the Secretary first enter a written agreement spelling out the nature and scope of the assistance. The bill defines adverse assistance as help or advice directed specifically to an attorney for potential use in an ERISA civil action.
- The Employee Benefit Security Administration would have to report to Congress on these agreements no later than 60 days after enactment and then annually by December 31. Reports must include redacted agreement copies, detailed descriptions of information shared, logs of communications and meetings, and an explanation of how each agreement aligns with the policy to promote voluntary pension sponsorship.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Encourage employers to offer pensions
If enacted, the bill would add a congressional finding that the retirement security of millions depends on voluntary pension plans. It would declare a policy to promote, encourage, and facilitate the voluntary establishment, maintenance, and contribution to those plans. This is a statement of policy and would not itself provide new money or change who qualifies for benefits.
New rules for lawyer-directed assistance
If enacted, the bill would define "adverse assistance" as help or advice given to an attorney for use in an ERISA section 502(a) lawsuit. Before giving that assistance, the Secretary of Labor would need a written agreement with the person that explains the nature and scope. The Secretary would also have to give a copy of that agreement to any employer, plan sponsor, or fiduciary who may be directly and adversely affected. The bill would require a report to Congress within 60 days after enactment and then each year by December 31 with redacted agreements, dates, detailed logs of information shared, and an explanation of how each agreement fits the public policy. The rule would apply to assistance given on or after enactment and include a 60-day transition for existing arrangements if the Secretary completes the required steps within 60 days after enactment.
Sponsors & CoSponsors
Sponsor
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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