H.R. 10641 — Employee and Retiree Access to Justice Act

This section prohibits predispute arbitration provisions in ERISA civil actions brought by or on behalf of participants or beneficiaries. It renders postdispute arbitration provisions unenforceable unless they meet specific requirements, including a 45-day waiting period after paper notice of rights, absence of coercion, and affirmative written consent. It also invalidates covered provisions that waive individual, class, representative, or collective claims or that confer discretionary authority requiring other than de novo judicial review, except in multiemployer plans. The Secretary of Labor may issue implementing regulations.

This section prohibits covered persons from requiring participants or beneficiaries to agree to predispute arbitration provisions as a condition of plan participation or benefits. It bars postdispute arbitration agreements unless the conditions in section 502(n)(1)(B) are met and prohibits other covered provisions that would be invalid under section 502(n)(1)(C) through (E). Covered persons include plans, plan sponsors, employers, and plan administrators.

This section applies amendments made by this Act to any dispute or claim arising or accruing on or after the date of enactment, regardless of whether plan documents have been updated. It delays enforcement of plan document update requirements until the first plan year beginning on or after the date that is one year after enactment, provided plans act in accordance with the amendments in the interim.