R47996 — Pensions and Individual Retirement Accounts (IRAs): Investment Issues
Reports · published 2024-11-04 · v4 · Active · crsreports.congress.gov ↗
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- Elizabeth A. Myers · Katelin P. Isaacs · John J. Topoleski
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R47996
Summary
Employer-sponsored pensions and individual retirement accounts (IRAs) are important sources of income security in retirement for many American households. Recent congressional interest in retirement policy has focused on several aspects of pension investments. Some of this interest involves pension investment policy spanning the state and local, federal, and private sectors. For example, several hearings in the 118th Congress have examined the role of environmental, social, and governance (ESG) investing in pension plans with regard to investment managers and retirement policy generally. Some other recent developments in pension investment policy have focused on a particular sector. For instance, recent regulatory and congressional responses to private sector pension issues have addressed investment advice and investment fees. Similarly, the investment practices of the Thrift Savings Plan (TSP), a retirement plan covering the civilian federal workforce and the uniformed services, have been legislatively active over recent Congresses, including the 118th Congress. This report provides an overview of pension investment issues across state and local pensions, federal pensions (with a focus on TSP), private sector pension plans, and IRAs. For each of these types of pensions or retirement accounts, this report explains relevant federal authorities (if any), relevant federal oversight (if any), and administrative issues. For example, while current TSP investment options are set out specifically under federal law (5 U.S.C. §8438), state and local pension plans are generally governed by state laws, contract law, and/or state constitutions. Moreover, state and local pension plans are exempt from many, but not all, requirements under the Employee Retirement Income Security Act of 1974 (ERISA; P.L. 93-406), the federal law that covers most private sector pension plans. Understanding the relevant authorities and administration of different types of pension plans and retirement accounts is crucial to untangling policy proposals to address pension investment issues. This report also identifies and synthesizes key pension investment issues for Congress, many of which have received regulatory and congressional responses or have involved legislative activity in the 118th Congress. Specifically, lawmakers have expressed interest in the following policy issues related to pension investments, by sector: State and local pensions: ESG investing, alternative investments, geopolitical considerations, and diverse asset managers; Federal pensions, specifically with regard to TSP: the International “I” Fund benchmark and investments in Chinese companies, ESG investment issues, the mutual fund window, diverse asset managers, and the exercise of shareholder rights; Private sector pensions: investments based on non-pecuniary factors, exercise of shareholder rights, alternative investments, collective investment trusts in 403(b) plans, investment advice, investment fees, and qualified professional asset managers; and IRAs: investment restrictions and prohibited transactions. For background on other aspects of these pension plans and retirement accounts, see CRS Report R47119, Pensions and Individual Retirement Accounts (IRAs): An Overview.
Bills cited (20)
Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.
- HR 4664 — Making appropriations for financial services and general government for the fiscal year ending Septe · 118th Cong
- HR 4008 — Protecting Americans’ Retirement Savings Act · 118th Cong
- HR 3612 — No ESG at TSP Act · 118th Cong
- HR 3455 — TSP Act · 118th Cong
- HR 3406 — Stop TSP ESG Act · 118th Cong
- HR 3063 — Retirement Fairness for Charities and Educational Institutions Act of 2023 · 118th Cong
- S 2226 — National Defense Authorization Act for Fiscal Year 2024 · 118th Cong
- S 2147 — No ESG at TSP Act · 118th Cong
- S 1891 — Stop TSP ESG Act · 118th Cong
- S 1650 — TSP Act of 2023 · 118th Cong
- HR 1261 — Federal Employees Sustainable Investment Act · 118th Cong
- HR 1177 — Financial Freedom Act of 2023 · 118th Cong
- S 427 — Financial Freedom Act of 2023 · 118th Cong
- S 149 — TSP Fiduciary Security Act of 2023 · 118th Cong
- HJRES 143 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule · 118th Cong
- HJRES 142 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule · 118th Cong
- HJRES 141 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule · 118th Cong
- HJRES 140 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule · 118th Cong
- SJRES 79 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States · 118th Cong
- HJRES 30 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule · 118th Cong