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One open question is what this means for the health savings account sections that were in the House version.

As Empower's new program paves the way for private market investments and BlackRock's CEO calls for more of these assets in 401(k)s, the SEC said it will explore this new investment opportunity, as "there may be risks, as well as benefits, for retirement savers."

The House Education and Workforce Committee approved the Protecting Prudent Investment of Retirement Savings Act on Wednesday that allows plan fiduciaries to consider environmental, social and governance factors when selecting retirement investments.

The changes will cut 2027 sales but make the individual market stronger, officials say. The actual results will determine ICHRAs' fate.

This latest forfeiture lawsuit dismissal aligns with recent decisions from other federal courts rejecting challenges to employer use of forfeited funds from departing, unvested employees, under ERISA guidelines.

The plaintiff hopes to represent state residents who entered medical information on the insurer's site before January 2015.