Pension bill quietly shields employers from worker lawsuits
H.R. 2958 — Balance the Scales Act · Filed by Michael Rulli (R-OH) · 1 cosponsor · Introduced Apr 17, 2025 · Reported out
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What it does
This bill amends federal pension law (ERISA) to require the Department of Labor to enter into written agreements with attorneys before providing them information or assistance that could be used in lawsuits against employers or pension plan sponsors, and to report annually to Congress on all such agreements. The bill also adds a congressional finding that private pension plans are integral to employee retirement security and should be voluntarily sponsored and maintained.
Why we flagged it
The bill's operative mechanism is to restrict the Department of Labor's ability to assist workers in suing employers and pension plans by requiring advance written notice to defendants and detailed reporting. Despite the title 'Balance the Scales,' the bill tilts the litigation playing field toward plan sponsors by creating friction in worker access to government assistance.
What the text implies
- The requirement that DOL provide 'a copy of such agreement to any employer, plan sponsor, or fiduciary that may be directly and adversely impacted' effectively gives defendants advance notice of worker complaints and litigation strategy, undermining the confidentiality and surprise necessary for effective enforcement.
- The detailed reporting requirement (logs of communications, meetings, information shared) creates a chilling effect on DOL staff willingness to assist workers, as every interaction becomes a documented record subject to congressional scrutiny and potential political pressure.
The full analysis lists 4 implications of this text.
Who stands to gain
pension plan sponsors; large employers; pension plan fiduciaries