New Bills Would Amend ERISA to Mandate Disclosure of Hedge Fund Investments, Require Coverage for Fertility Treatments

A couple of recently-introduced bills would amend the Employee Retirement Income Security Act (ERISA). The Pension Security Act of 2009 (H.R. 712) would amend title I of ERISA to require that the annual report of a defined benefits pension plan disclose any hedge fund investments.

If enacted, the disclosures would need to be included in the annual reports for plan years beginning on or after the date of enactment. The Secretary of Labor – in consultation with the Securities and Exchange Commission – would be charged with issuing initial regulations within one year.

This bill has been referred to the Committee on Education and Labor.

The second bill, the Family Building Act of 2009 (H.R. 697) would amend ERISA in addition to the Public Health Service Act and chapter 89 of the United States Code to mandate benefits coverage for infertility. Specifically, the Public Health Service Act would include a new section that requires a group health plan and a health insurance issuer that offer coverage for obstetrical services to also provide coverage for infertility treatments deemed appropriate by a participant or beneficiary and the treating physician. This act would also add a new section to title I of ERISA outlining the standards relating to benefits for the treatment of infertility, and incorporate the new sections of the Public Health Service Act regarding infertility coverage.

This bill was referred to the Committee on Energy and Commerce, in addition to the Committees on Education and Labor and Oversight and Government Reform.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.