The "Retirement Fairness for Charities and Educational Institutions Act of 2025" modifies regulations to enhance 403(b) retirement plans for employees of charities and educational institutions by adjusting securities laws.
Katie Britt
Senator
AL
The "Retirement Fairness for Charities and Educational Institutions Act of 2025" modifies regulations for 403(b) plans under the Investment Company Act of 1940, the Securities Act of 1933, and the Securities Exchange Act of 1934. These modifications broaden exemptions from registration provisions for certain interests, participations, or securities related to 403(b) plans, especially those subject to Title I of the Employee Retirement Income Security Act of 1974, or where the employer acts as a fiduciary, or are governmental plans as defined in section 414. The goal is to expand the types of trusts, plans, and accounts that are excluded from being defined as investment companies. It also updates a section regarding exemptions from registration requirements for securities, adding a reference to plans described in section 3(a)(12)(C)(iv) of the Act.
The "Retirement Fairness for Charities and Educational Institutions Act of 2025" is basically a tune-up for 403(b) retirement plans, the kind teachers and nonprofit workers use. This bill, if passed, aims to cut some red tape and potentially open up more investment choices for these plans.
Right now, 403(b) plans face a bunch of regulations under the Investment Company Act of 1940, the Securities Act of 1933, and the Securities Exchange Act of 1934. This bill changes that. It says that if your 403(b) plan meets certain rules – like being covered by Title I of ERISA (that's the big retirement law), or having your employer act as a fiduciary (meaning they have to look out for your best interests), or being a governmental plan – then it gets a pass on some of those regulations. (SEC. 2)
This bill essentially treats 403(b) plans more like 401(k)s in terms of investment options. By easing regulations, it aims to make it easier for charities and educational institutions to offer competitive retirement benefits. This is all about leveling the playing field and potentially giving employees in these sectors a better shot at a solid retirement. It will be important to see how the reduced administrative burdens translate into investment options and if those options come with increased risk.