Lawsuit also seeks documentation on a similar effort for an overtime rule.
Agency recommends Congress establish a retirement security commission.
The ERISA Industry Committee is seeking an injunction against the program's new reporting requirements.
After having a typical state role in such programs explained to them, 64% said they support state sponsorship.
Ohio Sen. Sherrod Brown says 'Rothification' would make saving for retirement more expensive.
The rehearing was granted after the initial decision was appealed by former investment adviser Raymond Lucia, who was banned from the industry for life.
The Financial CHOICE Act also makes substantial changes affecting many regulators, including the Securities and Exchange Commission.
The full Senate is expected to vote on the nomination later this month.
In fiscal year 2016, the $905 billion spent on Social Security benefits accounted for nearly one-quarter of federal spending.
The opinion vacated the Los Angeles District Court's ruling that the case could not proceed because of a statute of limitations on three of six funds in question.
