Overview

Title

To amend the Employee Retirement Income Security Act of 1974 to provide for greater spousal protection under defined contribution plans, and for other purposes.

ELI5 AI

The Women's Retirement Protection Act is a plan to help married women be more secure with their retirement money by making sure they get their spouse's permission before taking out money from savings. It also wants to give women more knowledge about money and help those who might need it, like low-income women or those who've faced tough times, to make sure they're taken care of when they're older.

Summary AI

S. 988, titled the "Women's Retirement Protection Act," seeks to amend the Employee Retirement Income Security Act of 1974 to ensure greater spousal protection in defined contribution retirement plans. The bill introduces regulations that require spousal consent for most distributions from these plans, aiming to enhance financial security for women who are often disadvantaged due to lower lifetime earnings and insufficient retirement preparedness. It also allocates government grants to promote financial literacy among women and provide assistance to low-income women and domestic violence survivors in managing domestic legal orders related to retirement benefits. Additionally, it mandates financial institutions to provide consumers links to retirement planning resources from government agencies.

Published

2025-03-12
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-03-12
Package ID: BILLS-119s988is

Bill Statistics

Size

Sections:
8
Words:
4,637
Pages:
23
Sentences:
73

Language

Nouns: 1,366
Verbs: 323
Adjectives: 261
Adverbs: 51
Numbers: 142
Entities: 230

Complexity

Average Token Length:
4.19
Average Sentence Length:
63.52
Token Entropy:
5.28
Readability (ARI):
33.57

AnalysisAI

The proposed bill, titled the "Women's Retirement Protection Act," aims to amend the Employee Retirement Income Security Act of 1974 to bolster spousal protections within defined contribution plans. This legislative effort is informed by data indicating that many adults in the U.S., particularly women, face significant challenges in retirement preparedness. The bill introduces spousal consent requirements for distributions from retirement plans, offers grants to aid financial literacy among women, and provides resources for low-income women and survivors of domestic violence to obtain necessary legal orders for financial support.

General Summary of the Bill

This bill seeks to address several disparities in retirement security, particularly those affecting women. It proposes changes to ensure that defined contribution retirement plans cannot make distributions without written consent from a participant's spouse. This aims to align these plans with others that already have strong spousal protections. Moreover, the bill allocates considerable funding to enhance financial literacy among women and to assist vulnerable populations in securing financial benefits during life events such as divorce.

Significant Issues

One of the central issues with the bill is its complexity, especially concerning the legal and financial language used in sections pertaining to spousal consent requirements. The complexity might hinder comprehensibility for the general public. The bill also allocates large sums for grants aimed at improving financial literacy and assisting low-income women. However, it lacks detailed accountability measures, raising concerns about the potential for inefficient use of funds.

Additionally, the bill specifies that grants will be awarded on a "competitive basis" without clear definitions of how competition will be judged. This could result in favoritism or a lack of transparency in the grant awarding process. Finally, the requirement for financial providers to offer links to consumer education materials could be burdensome, especially for those lacking sophisticated digital tools.

Impact on the Public

Broadly, the bill could enhance retirement security for numerous American families by ensuring better-protected retirement savings for married couples. By requiring spousal consent for distributions, it aims to safeguard family assets, particularly in instances of financial decision-making that might affect both spouses.

However, the bill's complexity in language may pose a challenge for individuals who need to understand their rights and obligations under these new requirements. This could lead to confusion and hamper effective compliance.

Impact on Specific Stakeholders

Women: Women stand to benefit positively from the focus on financial literacy, as the bill aims to address wage and retirement savings disparities more forcefully. By enhancing understanding and preparation, women may achieve more secure and stable retirements.

Financial Service Providers: The added requirements for providing links to educational resources could be challenging for smaller financial service providers, potentially requiring additional resources or capabilities not currently in place.

Low-Income Women and Domestic Violence Survivors: These individuals are poised to receive targeted assistance, granting them access to legal support crucial in situations like divorce. However, successful implementation would heavily rely on selecting effective community organizations under the vague eligibility criteria provided.

In conclusion, while this legislation presents a comprehensive approach to addressing gender disparities in retirement security, its success will depend on clearer definitions, enhanced transparency mechanisms, and a focus on effective, accountable implementation of its resource allocations.

Financial Assessment

The proposed bill, known as the "Women's Retirement Protection Act," includes a series of financial appropriations aimed at enhancing financial security and literacy, particularly for women. These financial elements are notable and warrant careful consideration given their implications and the concerns identified.

Financial Appropriations

The bill envisions significant government spending, authorizing $100,000,000 annually for two specific purposes. Firstly, Section 6 outlines grants intended to promote financial literacy among women. These grants will be awarded on a "competitive basis" to community-based organizations that demonstrate "proven experience and expertise" in this field. Secondly, Section 7 designates identical funding levels for assisting low-income women and survivors of domestic violence in obtaining qualified domestic relations orders, which are necessary for securing retirement benefits after a divorce.

Each grant is stipulated to be no less than $250,000, indicating a focus on substantial, impactful funding over smaller, piecemeal grants.

Relation to Identified Issues

Oversight and Accountability: The substantial financial authorizations in Sections 6 and 7 are highlighted in the identified issues as lacking detailed accountability measures. The enormous annual appropriation of $100,000,000 incorporates the risk of becoming wasteful if mechanisms for monitoring and ensuring proper usage of these funds are not established. Without comprehensive oversight, the risk of misuse or inefficient allocation increases significantly.

Competitive Grant Process: The language specifying the "competitive basis" for awarding these grants could lead to ramifications such as favoritism or non-transparent processes, as noted in the issues. The bill does not provide explicit criteria for assessing eligible entities' "proven experience and expertise," thereby raising concerns about equitable distribution and favoritism.

General Observations

The financial components are central to the goals of the legislation, which are to improve women's financial literacy and ensure equitable access to retirement benefits. However, achieving these objectives requires cautious execution and vigilant oversight, particularly given the large sums involved. The issues of complexity and oversight highlight potential barriers to the effective implementation of the bill's financial provisions.

While the intentions behind the appropriations are clear and commendable, ensuring their success hinges on establishing a transparent, fair process for awarding and monitoring these funds. Careful attention to these areas could address the potential for inefficiencies and the ineffective allocation of resources.

Issues

  • The authorization of large appropriations ($100,000,000 annually) for grants in sections concerning financial literacy for women (Section 6) and assistance for low-income women and survivors of domestic violence (Section 7) lacks detailed accountability measures, which could lead to potential misuse or inefficient use of funds. This raises concerns about potential wasteful spending given the large sums authorized without clearly defined oversight mechanisms.

  • The language throughout Sections 3 and 205A regarding additional spousal consent requirements is highly complex and uses extensive legal jargon. This complexity may hinder understanding and compliance by the general public, particularly those who are the intended beneficiaries of increased protections under defined contribution plans. Ambiguity exists about the criteria under which spousal consent exceptions can be granted, especially concerning circumstances where a spouse cannot be located, potentially causing confusion and inconsistency in application across plans.

  • In Section 6, the term 'competitive basis' for granting awards is not clearly defined, potentially leading to favoritism or lack of transparency in awarding grants to promote financial literacy for women. Additionally, the lack of criteria for 'proven experience and expertise' in defining eligible entities may lead to inequitable distribution of funds and favoritism.

  • Subsection (e) in Section 3 and the amendment to the Internal Revenue Code of 1986 under Section 401(a) also present issues with potentially vague exceptions for spousal consent, such as circumstances where a spouse cannot be located or other undefined special conditions, potentially leading to inconsistent application and interpretations.

  • Language concerning the effective dates of amendments in Section 4 is complex and lacks clarity, especially for laypersons or smaller organizations that must comply. The effective dates and compliance periods could be made more straightforward to ensure understanding and compliance by all affected parties.

  • The required 'easily accessible link' to consumer education materials in Section 5 could be problematic for financial service providers without sophisticated digital capabilities. The requirement lacks specificity, potentially leading to inconsistent compliance due to differing interpretations of what constitutes 'easily accessible.' Additionally, there is no mention of penalties for non-compliance, which may limit the effectiveness of this provision.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this bill is titled the "Women's Retirement Protection Act," indicating the official name by which the Act may be referred to.

2. Findings Read Opens in new tab

Summary AI

Congress highlights several key findings related to retirement security, noting that many adults lack retirement savings, particularly women who face significant wage and retirement preparedness gaps compared to men. It also points out disparities in retirement plan access for part-time and low-wage workers, and underscores the importance of spousal protections in retirement plans, as well as the rising costs associated with dividing retirement assets during divorces.

Money References

  • (6) Because of the pay gap, women working full-time, year-round typically lose $398,160 over a 40-year career thereby requiring the average woman to work almost a decade longer than her male counterpart to make up that career wage gap.
  • (7) Due to the lower lifetime wages stemming from unequal pay and caregiving duties, the average Social Security benefit in 2023 for a woman was $1,638 a month, while for men such average monthly benefit was $2,020.

3. Increasing spousal protection under defined contribution plans Read Opens in new tab

Summary AI

The section introduces new spousal consent requirements for certain retirement plans, ensuring that no funds can be distributed from defined contribution plans without the spouse's written agreement, except in specific cases like small distributions or certain rollovers. It also updates existing laws to ensure that plans comply with these new rules and grants individuals legal recourse if their rights under these requirements are violated.

205A. Additional spousal consent requirements Read Opens in new tab

Summary AI

Each individual account plan must obtain written consent from a participant's spouse before certain distributions or changes to beneficiaries can be made, unless specific exceptions apply, such as certain rollover contributions or qualified annuities. The consent must be informed and acknowledged in writing, and it must occur within a specific timeframe known as the "consent period," which is typically 90 days prior to the distribution.

4. Effective dates Read Opens in new tab

Summary AI

The section outlines when the new rules for increasing spousal protection in certain retirement plans will take effect. Plan amendments related to this can be made up to three years after the rules start (or five years for government plans) and are expected to operate as if they were already in place during the specified period.

5. Access to independent consumer information and understanding Read Opens in new tab

Summary AI

In this section, it defines "consumer" as someone who buys products or services for retirement and states that companies offering these retirement services must include an easy-to-find link to the Consumer Financial Protection Bureau's website. This link helps people find resources about planning for retirement, and the Financial Literacy and Education Commission determines how to present this link effectively.

6. Grants to promote financial literacy for women Read Opens in new tab

Summary AI

The Secretary of Labor will offer competitive grants to community groups with experience in helping women to enhance their financial literacy and secure a stable retirement. Each grant will be at least $250,000, with a total of $100,000,000 available annually starting in 2026, for use in financial education initiatives for women.

Money References

  • (d) Minimum grant amount.—The Secretary of Labor shall award grants under this section in amounts of not less than $250,000.
  • (f) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2026 and each succeeding fiscal year.

7. Grants to assist low-income women and survivors of domestic violence in obtaining qualified domestic relations orders Read Opens in new tab

Summary AI

The section authorizes the Secretary of Labor to give grants to community-based groups to help low-income women and survivors of domestic violence get court orders for financial support. These grants will be at least $250,000, and a total of $100 million is set aside for this program starting in 2026.

Money References

  • (d) Minimum grant amount.—The Secretary of Labor shall award grants under this section in amounts of not less than $250,000.
  • (f) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2026 and each succeeding fiscal year.