Employee and Retiree Access to Justice Act
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Summary
This bill amends the Employee Retirement Income Security Act of 1974 to prohibit and render unenforceable mandatory predispute arbitration clauses, class action waivers, representation waivers, and certain discretionary clauses in employee benefit plans. Postdispute arbitration agreements are permitted only if they meet strict conditions, including a 45-day waiting period, written informed consent, and proof they were not coerced or made a condition of plan participation. The bill also requires de novo judicial review of benefit determinations and interpretation of plan language, and prohibits plan sponsors and administrators from requiring participants to agree to such provisions.
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How your representatives voted
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