Project 2025 Tracker / What’s done, what’s next

18. Department of Labor and Related Agencies · Notable

Return to the Trump-era pecuniary-factors-only ERISA rule

Attempted

Printed page 607 18. Department of Labor and Related Agencies

“DOL should return to the Trump Administration’s approach of permitting only the consideration of pecuniary factors in ERISA.”

What has happened

  1. Attempted

    The Department of Labor committed on its regulatory agenda to revise 29 CFR 2550.404a-1 — the very regulation the Trump-era pecuniary-factors rule created in 2020 and the 2022 rule replaced — so that fiduciaries act only on financial considerations. RIN 1210-AC37, economically significant, timetable "Rulemaking 07/2026", nothing published by 2026-08-31.

  2. Attempted

    The House passed H.R. 2988, the Protecting Prudent Investment of Retirement Savings Act, 213-205 — the statutory route back to a pecuniary-factors-only standard. It is with the Senate HELP Committee.

Research log

What was searched, and what didn’t count as evidence

Research notes

  • Leveled identically with #1670 and #1672, the other two statements of this ask on pages 606-607, so that ticket 26 can merge them under §3b’s “one ask, one Recommendation” rule without any Status having to move. The reason they are not merged here is set out on #1670.
  • The 2020 rule is Financial Factors in Selecting Plan Investments, 85 FR 72846, at 29 CFR 2550.404a-1; the 2022 rule that displaced it is Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, 87 FR 73822, at the same section. RIN 1210-AC37 targets that section by name, which is why this item and #1671 share it.
Action
reinstate
Object
Trump Administration pecuniary factors rule under ERISA
ID
1672