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S. 1770, Retirement Security and Savings Act of 2021

Summary

S. 1770, the Retirement Security and Savings Act of 2021, is a bill introduced in the Senate on May 20, 2021 by Mr. Cardin (for himself and Mr. Portman) and referred to the Committee on Finance. Its stated purpose is to amend the Internal Revenue Code of 1986 to reform retirement provisions, and for other purposes. The table of contents lists Title I, Expanding Coverage and Increasing Retirement Savings, with sections on secure deferral arrangements, facilitating automatic enrollment, and an expansion of the saver's credit.

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Congressional materials
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Bills Bills 117S1770Is Bills 117S1770Is
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Bills Bills 117S1770Is Bills 117S1770Is

Cite this document

“S. 1770, Retirement Security and Savings Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s1770is-bills-117s1770is/, SHA-256 a27800c81e523b30571fb7518eb4f3579991abda9dd3a19441685d073207206e.

Full text

                                                                                                                                                                          II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                              S. 1770
                                                                       To amend the Internal Revenue Code of 1986 to reform retirement provisions,
                                                                                                and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                       MAY 20, 2021
                                                                           Mr. CARDIN (for himself and Mr. PORTMAN) introduced the following bill;
                                                                               which was read twice and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                             To amend the Internal Revenue Code of 1986 to reform
                                                                                 retirement provisions, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE, ETC.

                                                                         4              (a) SHORT TITLE.—This Act may be cited as the
                                                                         5 ‘‘Retirement Security and Savings Act of 2021’’.
                                                                         6              (b) AMENDMENT OF 1986 CODE.—Except as other-
                                                                         7 wise expressly provided, whenever in this Act an amend-
                                                                         8 ment or repeal is expressed in terms of an amendment




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                                                                         9 to, or repeal of, a section or other provision, the reference




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                                                                         1 shall be considered to be made to a section or other provi-
                                                                         2 sion of the Internal Revenue Code of 1986.
                                                                         3              (c) TABLE OF CONTENTS.—The table of contents for
                                                                         4 this Act is as follows:
                                                                               Sec. 1. Short title, etc.

                                                                               TITLE I—EXPANDING COVERAGE AND INCREASING RETIREMENT
                                                                                                      SAVINGS

                                                                               Sec. 101. Secure deferral arrangements.
                                                                               Sec. 102. Facilitating automatic enrollment.
                                                                               Sec. 103. Credit for employers with respect to modified safe harbor require-
                                                                                                ments.
                                                                               Sec. 104. Expansion of saver’s credit.
                                                                               Sec. 105. Modification of participation requirements for long-term, part-time
                                                                                                workers.
                                                                               Sec. 106. Separate application of top heavy rules to defined contribution plans
                                                                                                covering excludible employees.
                                                                               Sec. 107. 60-day rollover to inherited individual retirement plan of nonspouse
                                                                                                beneficiary.
                                                                               Sec. 108. Increase in age for required beginning date for mandatory distribu-
                                                                                                tions.
                                                                               Sec. 109. Increase in credit limitation for small employer pension plan startup
                                                                                                costs of certain employers.
                                                                               Sec. 110. Credit for re-enrollment.
                                                                               Sec. 111. Treatment of student loan payments as elective deferrals for purposes
                                                                                                of matching contributions.
                                                                               Sec. 112. Treatment of qualified retirement planning services.
                                                                               Sec. 113. Allow additional nonelective contributions to simple plans.
                                                                               Sec. 114. Reform of the minimum participation rule.
                                                                               Sec. 115. Expansion of Employee Plans Compliance Resolution System.
                                                                               Sec. 116. Enhancement of 403(b) plans.
                                                                               Sec. 117. Eligibility for participation in retirement plans.
                                                                               Sec. 118. Small immediate financial incentives for contributing to a plan.
                                                                               Sec. 119. Indexing IRA catch-up limit.
                                                                               Sec. 120. Higher catch-up limit to apply at age 60.
                                                                               Sec. 121. Deferral of tax for certain sales of employer stock to employee stock
                                                                                                ownership plan sponsored by S corporation.
                                                                               Sec. 122. Credit for small employers providing retirement plans for military
                                                                                                spouses.

                                                                                                      TITLE II—PRESERVATION OF INCOME

                                                                               Sec. 201. Qualifying longevity annuity contracts.
                                                                               Sec. 202. Remove required minimum distribution barriers for life annuities.
                                                                               Sec. 203. Eliminating a penalty on partial annuitization.




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                                                                               Sec. 204. Insurance-dedicated exchange-traded funds.

                                                                                           TITLE III—SIMPLIFICATION AND CLARIFICATION OF
                                                                                                       RETIREMENT PLAN RULES



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                                                                               Sec. 301. Review and report to the Congress relating to reporting and disclo-
                                                                                                sure requirements.
                                                                               Sec. 302. Consolidation of defined contribution plan notices.
                                                                               Sec. 303. Performance benchmarks for asset allocation funds.
                                                                               Sec. 304. Permit nonspousal beneficiaries to roll assets to plans.
                                                                               Sec. 305. Deferral agreements.
                                                                               Sec. 306. Simplifying 402(f) notices.
                                                                               Sec. 307. Permit plans to use base pay or rate of pay calculation.
                                                                               Sec. 308. Roth SIMPLE IRAs.
                                                                               Sec. 309. Reduction in excise tax on certain accumulations in qualified retire-
                                                                                                ment plans.
                                                                               Sec. 310. Clarification of catch-up contributions with respect to separate lines
                                                                                                of business.
                                                                               Sec. 311. Clarification of substantially equal periodic payment rule.
                                                                               Sec. 312. Clarification of treatment of distributions of annuity contracts.
                                                                               Sec. 313. Clarification regarding elective deferrals.
                                                                               Sec. 314. Tax treatment of certain nontrade or business SEP contributions.
                                                                               Sec. 315. Allow certain plan transfers and mergers.
                                                                               Sec. 316. Exception from required distributions where aggregate retirement
                                                                                                savings do not exceed $100,000.
                                                                               Sec. 317. Hardship rules for 403(b) plans.
                                                                               Sec. 318. IRA preservation.
                                                                               Sec. 319. Elimination of additional tax on certain distributions.
                                                                               Sec. 320. Distributions to firefighters.
                                                                               Sec. 321. Eliminating unnecessary plan requirements related to unenrolled par-
                                                                                                ticipants.
                                                                               Sec. 322. Recovery of retirement plan overpayments.
                                                                               Sec. 323. Retirement savings lost and found.

                                                                                                TITLE IV—DEFINED BENEFIT PLAN REFORMS

                                                                               Sec. 401. Cash balance.
                                                                               Sec. 402. Aligning use of lookback months to determine interest rates.
                                                                               Sec. 403. Corrections of mortality tables.
                                                                               Sec. 404. Cease double-indexing the variable rate premium.
                                                                               Sec. 405. Enhancing retiree health benefits in pension plans.

                                                                                   TITLE V—REFORMING PLAN RULES TO HARMONIZE WITH IRA
                                                                                                         RULES

                                                                               Sec. 501. Roth plan distribution rules.
                                                                               Sec. 502. Distributions for charitable purposes.
                                                                               Sec. 503. Surviving spouse election to be treated as employee.
                                                                               Sec. 504. Rollovers from Roth IRAs to plans.

                                                                                                    TITLE VI—ADMINISTRATIVE PROVISIONS

                                                                               Sec. 601. Provisions relating to plan amendments.




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                                                                         1 TITLE I—EXPANDING COVERAGE
                                                                         2    AND INCREASING RETIRE-
                                                                         3    MENT SAVINGS
                                                                         4     SEC. 101. SECURE DEFERRAL ARRANGEMENTS.

                                                                         5              (a) IN GENERAL.—Subsection (k) of section 401 is
                                                                         6 amended by adding at the end the following new para-
                                                                         7 graph:
                                                                         8                        ‘‘(16) ALTERNATIVE METHOD FOR SECURE DE-
                                                                         9              FERRAL ARRANGEMENTS TO MEET NONDISCRIMINA-

                                                                       10               TION REQUIREMENTS.—

                                                                       11                                  ‘‘(A) IN GENERAL.—A secure deferral ar-
                                                                       12                         rangement shall be treated as meeting the re-
                                                                       13                         quirements of paragraph (3)(A)(ii).
                                                                       14                                  ‘‘(B)         SECURE               DEFERRAL                    ARRANGE-

                                                                       15                         MENT.—For                purposes of this paragraph, the
                                                                       16                         term ‘secure deferral arrangement’ means any
                                                                       17                         cash or deferred arrangement which meets the
                                                                       18                         requirements of subparagraphs (C), (D), and
                                                                       19                         (E) of paragraph (13), except as modified by
                                                                       20                         this paragraph.
                                                                       21                                  ‘‘(C) QUALIFIED PERCENTAGE.—For pur-
                                                                       22                         poses of this paragraph, with respect to any
                                                                       23                         employee,             the           term      ‘qualified            percentage’




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                                                                       24                         means, in lieu of the meaning given such term
                                                                       25                         in paragraph (13)(C)(iii), any percentage deter-


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                                                                         1                        mined under the arrangement if such percent-
                                                                         2                        age is applied uniformly and is—
                                                                         3                                         ‘‘(i) at least 6 percent, but not greater
                                                                         4                                 than 10 percent, during the period ending
                                                                         5                                 on the last day of the first plan year which
                                                                         6                                 begins after the date on which the first
                                                                         7                                 elective contribution described in para-
                                                                         8                                 graph (13)(C)(i) is made with respect to
                                                                         9                                 such employee,
                                                                       10                                          ‘‘(ii) at least 7 percent during the
                                                                       11                                  first plan year following the plan year de-
                                                                       12                                  scribed in clause (i),
                                                                       13                                          ‘‘(iii) at least 8 percent during the
                                                                       14                                  second plan year following the plan year
                                                                       15                                  described in clause (i),
                                                                       16                                          ‘‘(iv) at least 9 percent during the
                                                                       17                                  third plan year following the plan year de-
                                                                       18                                  scribed in clause (i), and
                                                                       19                                          ‘‘(v) at least 10 percent during any
                                                                       20                                  subsequent plan year.
                                                                       21                                  ‘‘(D) MATCHING CONTRIBUTIONS.—
                                                                       22                                          ‘‘(i) IN GENERAL.—For purposes of
                                                                       23                                  this paragraph, an arrangement shall be




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                                                                       24                                  treated as having met the requirements of
                                                                       25                                  paragraph (13)(D)(i) if and only if the em-


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                                                                         1                                 ployer makes matching contributions on
                                                                         2                                 behalf of each employee who is not a highly
                                                                         3                                 compensated employee in an amount equal
                                                                         4                                 to the sum of—
                                                                         5                                                  ‘‘(I) 100 percent of the elective
                                                                         6                                         contributions of the employee to the
                                                                         7                                         extent such contributions do not ex-
                                                                         8                                         ceed 2 percent of compensation,
                                                                         9                                                  ‘‘(II) 50 percent of so much of
                                                                       10                                          such contributions as exceed 2 percent
                                                                       11                                          but do not exceed 6 percent of com-
                                                                       12                                          pensation, plus
                                                                       13                                                   ‘‘(III) 20 percent of so much of
                                                                       14                                          such contributions as exceed 6 percent
                                                                       15                                          but do not exceed 10 percent of com-
                                                                       16                                          pensation.
                                                                       17                                          ‘‘(ii) APPLICATION                      OF       RULES   FOR

                                                                       18                                  MATCHING CONTRIBUTIONS.—The rules of

                                                                       19                                  clause (ii) of paragraph (12)(B) and
                                                                       20                                  clauses (iii) and (iv) of paragraph (13)(D)
                                                                       21                                  shall apply for purposes of clause (i), but
                                                                       22                                  the rule of clause (iii) of paragraph
                                                                       23                                  (12)(B) shall not apply for such purposes.




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                                                                       24                                  The rate of matching contribution for each
                                                                       25                                  incremental deferral must be at least as


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                                                                         1                                 high as the rate specified in clause (i), and
                                                                         2                                 may be higher, so long as such rate does
                                                                         3                                 not increase as an employee’s rate of elec-
                                                                         4                                 tive contributions increases.’’.
                                                                         5              (b) MATCHING CONTRIBUTIONS                                         AND        EMPLOYEE
                                                                         6 CONTRIBUTIONS.—Subsection (m) of section 401 is
                                                                         7 amended by redesignating paragraph (13) as paragraph
                                                                         8 (14) and by inserting after paragraph (12) the following
                                                                         9 new paragraph:
                                                                       10                         ‘‘(13) ALTERNATIVE METHOD FOR SECURE DE-
                                                                       11               FERRAL ARRANGEMENTS.—A                                      defined contribution
                                                                       12               plan shall be treated as meeting the requirements of
                                                                       13               paragraph (2) with respect to matching contribu-
                                                                       14               tions and employee contributions if the plan—
                                                                       15                                  ‘‘(A) is a secure deferral arrangement (as
                                                                       16                         defined in subsection (k)(16)),
                                                                       17                                  ‘‘(B) meets the requirements of clauses (ii)
                                                                       18                         and (iii) of paragraph (11)(B), and
                                                                       19                                  ‘‘(C) provides that matching contributions
                                                                       20                         on behalf of any employee may not be made
                                                                       21                         with respect to an employee’s contributions or
                                                                       22                         elective deferrals in excess of 10 percent of the
                                                                       23                         employee’s compensation.’’.




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                                                                       24               (c)        CONFORMING                     AMENDMENTS.—Subparagraph
                                                                       25 (H) of section 416(g)(4) is amended—


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                                                                         1                        (1)       in         clause          (i),      by       striking         ‘‘section
                                                                         2              401(k)(12) or 401(k)(13)’’ and inserting ‘‘paragraph
                                                                         3              (12), (13), or (16) of section 401(k)’’, and
                                                                         4                        (2)       in     clause              (ii),     by       striking         ‘‘section
                                                                         5              401(m)(11) or 401(m)(12)’’ and inserting ‘‘para-
                                                                         6              graph (11), (12), or (13) of section 401(m)’’.
                                                                         7              (d) EFFECTIVE DATE.—The amendments made by
                                                                         8 this section shall apply to plan years beginning after De-
                                                                         9 cember 31, 2021.
                                                                       10      SEC. 102. FACILITATING AUTOMATIC ENROLLMENT.

                                                                       11               The Secretary of the Treasury (or the Secretary’s
                                                                       12 delegate) shall promulgate regulations or other guidance
                                                                       13 which—
                                                                       14                         (1) simplifies and clarifies the rules regarding
                                                                       15               the timing of participant notices required under the
                                                                       16               Internal Revenue Code of 1986 with respect to an
                                                                       17               eligible automatic enrollment contribution arrange-
                                                                       18               ment (within the meaning of section 414(w)(3) of
                                                                       19               the Internal Revenue Code of 1986) or required
                                                                       20               under section 336(c)(3) of the Consolidated Appro-
                                                                       21               priations Act, 2016 with respect to an automatic
                                                                       22               contribution arrangement (within the meaning of
                                                                       23               section 336(c)(2) of such Act), with specific applica-




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                                                                       24               tion to—




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                                                                         1                                 (A) plans which allow employees to be eli-
                                                                         2                        gible for participation immediately upon begin-
                                                                         3                        ning employment; and
                                                                         4                                 (B) employers with multiple payroll and
                                                                         5                        administrative systems; and
                                                                         6                        (2) simplifies and clarifies the application of
                                                                         7              automatic escalation features under arrangements
                                                                         8              described in paragraph (1) in the context of employ-
                                                                         9              ers with multiple payroll and administrative systems.
                                                                       10 Such regulations or guidance shall address the particular
                                                                       11 case of employees within the same plan who are subject
                                                                       12 to different notice timing and different percentage require-
                                                                       13 ments, and provide assistance for plan sponsors in man-
                                                                       14 aging such cases.
                                                                       15      SEC. 103. CREDIT FOR EMPLOYERS WITH RESPECT TO

                                                                       16                              MODIFIED SAFE HARBOR REQUIREMENTS.

                                                                       17               (a) IN GENERAL.—Subpart D of part IV of sub-
                                                                       18 chapter A of chapter 1 is amended by adding at the end
                                                                       19 the following new section:
                                                                       20      ‘‘SEC. 45U. CREDIT FOR SMALL EMPLOYERS WITH RESPECT

                                                                       21                              TO MODIFIED SAFE HARBOR REQUIREMENTS

                                                                       22                              FOR AUTOMATIC CONTRIBUTION ARRANGE-

                                                                       23                              MENTS.




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                                                                       24               ‘‘(a) GENERAL RULE.—For purposes of section 38,
                                                                       25 in the case of a small employer, the safe harbor adoption


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                                                                         1 credit determined under this section for any taxable year
                                                                         2 is the amount equal to the total of the employer’s match-
                                                                         3 ing contributions under section 401(k)(16)(D) during the
                                                                         4 taxable year on behalf of employees who are not highly
                                                                         5 compensated employees.
                                                                         6              ‘‘(b) LIMITATIONS.—
                                                                         7                        ‘‘(1) LIMITATION                     WITH          RESPECT              TO   COM-

                                                                         8              PENSATION.—The                       credit determined under sub-
                                                                         9              section (a) with respect to contributions made on be-
                                                                       10               half of any employee shall not exceed 2 percent of
                                                                       11               the compensation of such employee for the taxable
                                                                       12               year.
                                                                       13                         ‘‘(2) LIMITATION WITH RESPECT TO YEARS OF
                                                                       14               PARTICIPATION.—Credit                           shall be determined under
                                                                       15               subsection (a) with respect to contributions made on
                                                                       16               behalf of any employee only during the first 5 years
                                                                       17               such employee participates in the qualified automatic
                                                                       18               contribution arrangement.
                                                                       19               ‘‘(c) DEFINITIONS.—
                                                                       20                         ‘‘(1) IN GENERAL.—Any term used in this sec-
                                                                       21               tion which is also used in section 401(k)(16) shall
                                                                       22               have the same meaning as when used in such sec-
                                                                       23               tion.




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                                                                         1                        ‘‘(2) SMALL EMPLOYER.—The term ‘small em-
                                                                         2              ployer’ means an eligible employer (as defined in
                                                                         3              section 408(p)(2)(C)(i)).
                                                                         4              ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No deduction
                                                                         5 shall be allowable under this title for any contribution with
                                                                         6 respect to which a credit is allowed under this section.’’.
                                                                         7              (b) CREDIT TO BE PART OF GENERAL BUSINESS
                                                                         8 CREDIT.—Subsection (b) of section 38 is amended by
                                                                         9 striking ‘‘plus’’ at the end of paragraph (32), by striking
                                                                       10 the period at the end of paragraph (33) and inserting ‘‘,
                                                                       11 plus’’, and by adding at the end the following new para-
                                                                       12 graph:
                                                                       13                         ‘‘(34) the safe harbor adoption credit deter-
                                                                       14               mined under section 45U.’’.
                                                                       15               (c) CONFORMING AMENDMENT.—Paragraph (2) of
                                                                       16 section 3511(d) is amended—
                                                                       17                         (1) by redesignating subparagraphs (F), (G),
                                                                       18               and (H) as subparagraphs (G), (H), and (I), respec-
                                                                       19               tively, and
                                                                       20                         (2) by inserting after subparagraph (E) the fol-
                                                                       21               lowing new subparagraph:
                                                                       22                                  ‘‘(F) section 45U (safe harbor adoption
                                                                       23                         credit),’’.




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                                                                       24               (d) CLERICAL AMENDMENT.—The table of sections
                                                                       25 for subpart D of part IV of subchapter A of chapter 1


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                                                                         1 is amended by adding after the item relating to section
                                                                         2 45T the following new item:
                                                                               ‘‘Sec. 45U. Credit for small employers with respect to modified safe harbor re-
                                                                                               quirements for automatic contribution arrangements.’’.

                                                                         3              (e) EFFECTIVE DATE.—The amendments made by
                                                                         4 this section shall apply to taxable years which include any
                                                                         5 portion of a plan year beginning after December 31, 2021.
                                                                         6     SEC. 104. EXPANSION OF SAVER’S CREDIT.

                                                                         7              (a) EXPANSION.—Paragraph (1) of section 25B(b) is
                                                                         8 amended by striking ‘‘$32,500’’ both places it appears in
                                                                         9 subparagraphs (B) and (C) of paragraph (1) and inserting
                                                                       10 ‘‘$40,000’’.
                                                                       11               (b) TESTING PERIOD.—Subparagraph (B) of section
                                                                       12 25B(d)(2) is amended to read as follows:
                                                                       13                                  ‘‘(B) TESTING PERIOD.—For purposes of
                                                                       14                         subparagraph (A), the testing period, with re-
                                                                       15                         spect to a taxable year, is the period which in-
                                                                       16                         cludes—
                                                                       17                                          ‘‘(i) such taxable year, and
                                                                       18                                          ‘‘(ii) the 3 preceding taxable years.’’.
                                                                       19               (c) TREATMENT AS REFUNDABLE.—
                                                                       20                         (1) CREDIT MOVED TO SUBPART RELATING TO
                                                                       21               REFUNDABLE CREDITS.—

                                                                       22                                  (A) IN GENERAL.—The Internal Revenue




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                                                                       23                         Code of 1986 is amended—



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                                                                         1                                         (i) by redesignating section 25B, as
                                                                         2                                 amended by this Act, as section 36C; and
                                                                         3                                         (ii) by moving such section, as so re-
                                                                         4                                 designated, from subpart A of part IV of
                                                                         5                                 subchapter A of chapter 1 to the location
                                                                         6                                 immediately before section 37 in subpart C
                                                                         7                                 of part IV of subchapter A of chapter 1.
                                                                         8                                 (B) TECHNICAL AMENDMENTS.—
                                                                         9                                         (i) The table of sections for subpart A
                                                                       10                                  of part IV of subchapter A of chapter 1 is
                                                                       11                                  amended by striking the item relating to
                                                                       12                                  section 25B.
                                                                       13                                          (ii) The table of sections for subpart
                                                                       14                                  C of part IV of subchapter A of chapter 1
                                                                       15                                  is amended by inserting after the item re-
                                                                       16                                  lating to section 36B the following new
                                                                       17                                  item:
                                                                               ‘‘Sec. 36C. Elective deferrals and IRA contributions by certain individuals.’’.

                                                                       18                         (2) MANDATORY DEPOSIT INTO QUALIFIED AC-
                                                                       19               COUNT.—

                                                                       20                                  (A) NO REDUCTION OF TAX.—Subsection
                                                                       21                         (a) of section 36C, as moved and redesignated
                                                                       22                         by paragraph (1), is amended by striking
                                                                       23                         ‘‘against the tax imposed by this subtitle’’.




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                                                                       24                                  (B)         DEPOSIT                INTO         QUALIFIED      AC-

                                                                       25                         COUNT.—Section 36C, as so moved and redesig-

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                                                                         1                        nated, is amended by adding at the end the fol-
                                                                         2                        lowing new subsection:
                                                                         3              ‘‘(g) DEPOSIT INTO QUALIFIED ACCOUNT.—
                                                                         4                        ‘‘(1) IN GENERAL.—Any amount allowed as a
                                                                         5              credit under subsection (a) shall not be allowed as
                                                                         6              a credit against any tax imposed by this subtitle but
                                                                         7              instead shall be treated as an overpayment under
                                                                         8              section 6401(b) and—
                                                                         9                                 ‘‘(A) shall be paid on behalf of the indi-
                                                                       10                         vidual taxpayer to a Roth IRA or a designated
                                                                       11                         Roth account (within the meaning of section
                                                                       12                         402A) under an applicable retirement plan des-
                                                                       13                         ignated by the individual to be invested in a
                                                                       14                         manner designated by the individual, except
                                                                       15                         that in the case of a joint return each spouse
                                                                       16                         shall be entitled to designate an applicable re-
                                                                       17                         tirement plan and investments with respect to
                                                                       18                         payments attributable to such spouse, or
                                                                       19                                  ‘‘(B) in the case of a taxpayer who does
                                                                       20                         not properly designate an applicable retirement
                                                                       21                         plan in a timely manner or who designates an
                                                                       22                         applicable retirement plan which does not ac-
                                                                       23                         cept such amount in a timely manner, shall be




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                                                                       24                         paid or credited on behalf of the individual tax-
                                                                       25                         payer in a manner determined under rules pre-


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                                                                         1                        scribed by the Secretary which provides treat-
                                                                         2                        ment comparable to the treatment under sub-
                                                                         3                        paragraph (A) and which—
                                                                         4                                         ‘‘(i) is designed to maintain fees and
                                                                         5                                 other charges at an appropriately low level
                                                                         6                                 taking into account the size of the account
                                                                         7                                 balance, and
                                                                         8                                         ‘‘(ii) utilizes, to the extent appro-
                                                                         9                                 priate, private sector services.
                                                                       10                         ‘‘(2) APPLICABLE                      RETIREMENT                   PLAN.—For

                                                                       11               purposes of this subsection, the term ‘applicable re-
                                                                       12               tirement plan’ means a plan which elects to accept
                                                                       13               deposits under this subsection and which is de-
                                                                       14               scribed in clause (iii), (iv), (v), or (vi) of section
                                                                       15               402(c)(8)(B) or in section 408A(b).
                                                                       16                         ‘‘(3) TREATMENT OF PAYMENTS.—In the case
                                                                       17               of any payment under this subsection—
                                                                       18                                  ‘‘(A) except as otherwise provided in this
                                                                       19                         section or by the Secretary under regulations,
                                                                       20                         such payment shall be treated in the same man-
                                                                       21                         ner as a payment made by the individual on
                                                                       22                         whose behalf such payment was made,
                                                                       23                                  ‘‘(B) such payment shall not be treated as




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                                                                       24                         income to the taxpayer, and




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                                                                         1                                 ‘‘(C) such payment shall not be taken into
                                                                         2                        account with respect to any applicable limita-
                                                                         3                        tion under section 402(g)(1), 403(b), 408(a)(1),
                                                                         4                        408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or
                                                                         5                        457(b)(2).
                                                                         6                        ‘‘(4) TREATMENT OF QUALIFIED PLANS, ETC.—
                                                                         7              A plan or arrangement to which a payment is made
                                                                         8              under this subsection shall not be treated as vio-
                                                                         9              lating any requirement under section 401, 403, 408,
                                                                       10               or 457 solely by reason of accepting such payment.
                                                                       11                         ‘‘(5) ERRONEOUS CREDITS.—If any payment is
                                                                       12               erroneously paid under this subsection, the amount
                                                                       13               of such erroneous payment shall be treated as an
                                                                       14               underpayment of tax.’’.
                                                                       15               (d) REGULATION AND PROMOTION.—The Secretary
                                                                       16 of the Treasury (or the Secretary’s delegate) shall take
                                                                       17 such steps as the Secretary (or delegate) determines are
                                                                       18 necessary and appropriate to increase public awareness of
                                                                       19 the credit provided under section 36C of the Internal Rev-
                                                                       20 enue Code of 1986 (as amended and redesignated by this
                                                                       21 section).
                                                                       22               (e) EFFECTIVE DATE.—The amendments made by
                                                                       23 this section shall apply to taxable years beginning after




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                                                                       24 December 31, 2021.




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                                                                         1     SEC. 105. MODIFICATION OF PARTICIPATION REQUIRE-

                                                                         2                             MENTS FOR LONG-TERM, PART-TIME WORK-

                                                                         3                             ERS.

                                                                         4              (a) PARTICIPATION REQUIREMENT.—Clause (ii) of
                                                                         5 section 401(k)(2)(D) is amended by striking ‘‘3 consecu-
                                                                         6 tive’’ and inserting ‘‘2 consecutive’’.
                                                                         7              (b) SPECIAL RULES.—Subclause (II) of section
                                                                         8 401(k)(15)(B)(i) is amended by striking ‘‘subsection
                                                                         9 (a)(4), paragraphs (3), (12), and (13)’’ and inserting
                                                                       10 ‘‘paragraphs (3), (12), (13), and (16), subsection (a)(4)’’.
                                                                       11               (c) EFFECTIVE DATE.—The amendments made by
                                                                       12 this section shall take effect as if included in the enact-
                                                                       13 ment of section 112 of the Setting Every Community Up
                                                                       14 for Retirement Enhancement Act of 2019.
                                                                       15      SEC. 106. SEPARATE APPLICATION OF TOP HEAVY RULES

                                                                       16                              TO DEFINED CONTRIBUTION PLANS COV-

                                                                       17                              ERING EXCLUDIBLE EMPLOYEES.

                                                                       18               (a) IN GENERAL.—Paragraph (2) of section 416(c)
                                                                       19 is amended by adding at the end the following new sub-
                                                                       20 paragraph:
                                                                       21                                  ‘‘(C) SEPARATE APPLICATION TO EMPLOY-
                                                                       22                         EES NOT MEETING AGE AND SERVICE REQUIRE-

                                                                       23                         MENTS.—If employees not meeting the age or

                                                                       24                         service requirements of section 410(a)(1) (with-




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                                                                       25                         out regard to subparagraph (B) thereof) are
                                                                       26                         covered under a plan of the employer which
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                                                                         1                        meets the requirements of paragraphs (A) and
                                                                         2                        (B) separately with respect to such employees,
                                                                         3                        such employees may be excluded from consider-
                                                                         4                        ation in determining whether any plan of the
                                                                         5                        employer meets the requirements of subpara-
                                                                         6                        graphs (A) and (B).’’.
                                                                         7              (b) EFFECTIVE DATE.—The amendment made by
                                                                         8 subsection (a) shall apply to plan years beginning after
                                                                         9 the date of the enactment of this Act.
                                                                       10      SEC. 107. 60-DAY ROLLOVER TO INHERITED INDIVIDUAL

                                                                       11                              RETIREMENT PLAN OF NONSPOUSE BENE-

                                                                       12                              FICIARY.

                                                                       13               (a) IN GENERAL.—Section 402(c)(11) is amended by
                                                                       14 redesignating subparagraph (B) as subparagraph (C) and
                                                                       15 by striking subparagraph (A) and inserting the following:
                                                                       16                                  ‘‘(A) IN GENERAL.—If—
                                                                       17                                          ‘‘(i) any portion of a distribution at-
                                                                       18                                  tributable to an employee is paid after the
                                                                       19                                  death of the employee to an individual who
                                                                       20                                  is a designated beneficiary (as defined by
                                                                       21                                  section 401(a)(9)(E)) of the employee and
                                                                       22                                  who is not the surviving spouse of the em-
                                                                       23                                  ployee, and




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                                                                       24                                          ‘‘(ii) such portion is transferred or
                                                                       25                                  paid to an individual retirement plan in a


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                                                                         1                                 transfer or payment meeting the require-
                                                                         2                                 ments of subparagraph (B),
                                                                         3                        the preceding provisions of this subsection shall
                                                                         4                        apply to such distribution in the same manner
                                                                         5                        as if the designated beneficiary were the em-
                                                                         6                        ployee.
                                                                         7                                 ‘‘(B) REQUIREMENTS FOR TRANSFER OF
                                                                         8                        DISTRIBUTION.—The requirements of this sub-

                                                                         9                        paragraph are met with respect to the portion
                                                                       10                         of any distribution if—
                                                                       11                                          ‘‘(i) such portion is transferred or
                                                                       12                                  paid to an individual retirement plan de-
                                                                       13                                  scribed in clause (i) or (ii) of paragraph
                                                                       14                                  (8)(B) established for the purposes of re-
                                                                       15                                  ceiving the distribution on behalf of the
                                                                       16                                  designated beneficiary,
                                                                       17                                          ‘‘(ii) such individual retirement plan is
                                                                       18                                  established as an inherited individual re-
                                                                       19                                  tirement account or individual retirement
                                                                       20                                  annuity (within the meaning of section
                                                                       21                                  408(d)(3)(C)), whichever is applicable, and
                                                                       22                                          ‘‘(iii) notice is provided to the trustee,
                                                                       23                                  insurance company, or other provider of




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                                                                       24                                  the individual retirement plan that such in-
                                                                       25                                  dividual retirement plan is being estab-


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                                                                         1                                 lished as an inherited individual retirement
                                                                         2                                 account or individual retirement annuity.
                                                                         3                        Section 401(a)(9)(B) (other than clause (iv)
                                                                         4                        thereof) shall apply to such individual retire-
                                                                         5                        ment plan.’’.
                                                                         6              (b) ROLLOVER TREATMENT FOR INHERITED AC-
                                                                         7     COUNTS.—Section 408(d)(3)(C) is amended by adding at

                                                                         8 the end the following:
                                                                         9                                         ‘‘(iii) EXCEPTION                       FOR        QUALIFIED

                                                                       10                                  TRANSFERS TO ANOTHER INHERITED AC-

                                                                       11                                  COUNT.—Clause (i) shall not apply to any

                                                                       12                                  portion of a distribution from an inherited
                                                                       13                                  individual retirement account or inherited
                                                                       14                                  individual retirement annuity if such por-
                                                                       15                                  tion is paid to another such individual re-
                                                                       16                                  tirement plan or annuity, but only if the
                                                                       17                                  requirements of subparagraphs (A), (B),
                                                                       18                                  and (E) of this paragraph and the require-
                                                                       19                                  ments of section 402(c)(11)(B) are met
                                                                       20                                  with respect to such transfer or payment.’’.
                                                                       21               (c) EFFECTIVE DATE.—The amendments made by
                                                                       22 this section shall apply to distributions made after Decem-
                                                                       23 ber 31, 2021.




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                                                                         1     SEC. 108. INCREASE IN AGE FOR REQUIRED BEGINNING

                                                                         2                             DATE FOR MANDATORY DISTRIBUTIONS.

                                                                         3              (a) INCREASE IN AGE FOR REQUIRED BEGINNING
                                                                         4 DATE.—
                                                                         5                        (1) IN          GENERAL.—Subclause                              (I) of section
                                                                         6              401(a)(9)(C)(i) is amended to read as follows:
                                                                         7                                                  ‘‘(I) the first calendar year in
                                                                         8                                         which the employee attains the appli-
                                                                         9                                         cable age for such calendar year, or’’.
                                                                       10                         (2) SPECIAL RULE FOR OWNERS.—Subclause
                                                                       11               (I) of section 401(a)(9)(C)(ii) is amended by strik-
                                                                       12               ing ‘‘in which the employee attains age 72’’ and in-
                                                                       13               serting ‘‘described in clause (i)(I) with respect to the
                                                                       14               employee’’.
                                                                       15               (b) MANDATORY DISTRIBUTION AGE.—Paragraph
                                                                       16 (9) of section 401(a) is amended by inserting at the end
                                                                       17 the following new subparagraph:
                                                                       18                                  ‘‘(J) APPLICABLE AGE.—For purposes of
                                                                       19                         this paragraph—
                                                                       20                                          ‘‘(i) IN GENERAL.—The applicable age
                                                                       21                                  is—
                                                                       22                                                   ‘‘(I) for calendar years before
                                                                       23                                          2032, age 72, and
                                                                       24                                                   ‘‘(II) for calendar years after




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                                                                       25                                          2031, age 75.


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                                                                         1                                         ‘‘(ii) TRANSITION RULE.—If, as of a
                                                                         2                                 calendar year, an employee has not at-
                                                                         3                                 tained the applicable age with respect to
                                                                         4                                 such year, such employee shall be treated
                                                                         5                                 as not having attained the applicable age
                                                                         6                                 under this paragraph for such year without
                                                                         7                                 regard to whether, in a previous calendar
                                                                         8                                 year, the employee had attained the appli-
                                                                         9                                 cable age with respect to such previous cal-
                                                                       10                                  endar year.’’.
                                                                       11               (c) SPOUSE BENEFICIARIES.—Subclause (I) of sec-
                                                                       12 tion 401(a)(9)(B)(iv) is amended by striking ‘‘age 72’’ and
                                                                       13 inserting ‘‘the applicable age’’.
                                                                       14               (d) CONFORMING AMENDMENT.—Subsection (b) of
                                                                       15 section 408 is amended by striking ‘‘age 72’’ and inserting
                                                                       16 ‘‘the applicable age determined under section 401(a)(9)(J)
                                                                       17 with respect to such individual’’.
                                                                       18               (e) EFFECTIVE DATE.—The amendments made by
                                                                       19 this section shall apply to calendar years beginning after
                                                                       20 December 31, 2021.
                                                                       21      SEC. 109. INCREASE IN CREDIT LIMITATION FOR SMALL

                                                                       22                              EMPLOYER PENSION PLAN STARTUP COSTS

                                                                       23                              OF CERTAIN EMPLOYERS.




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                                                                       24               (a) IN GENERAL.—Subsection (a) of section 45E is
                                                                       25 amended by inserting before the period at the end the fol-


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                                                                         1 lowing: ‘‘(75 percent of such costs in the case of an eligible
                                                                         2 employer, as determined by substituting ‘25’ for ‘100’ in
                                                                         3 section 408(p)(2)(C)(i))’’.
                                                                         4              (b) CONFORMING AMENDMENT.—Paragraph (2) of
                                                                         5 section 3511(d), as amended by this Act, is further
                                                                         6 amended—
                                                                         7                        (1) by redesignating subparagraphs (E), (F),
                                                                         8              (G), (H), and (I) as subparagraphs (F), (G), (H),
                                                                         9              (I), and (J), respectively, and
                                                                       10                         (2) by inserting after subparagraph (D) the fol-
                                                                       11               lowing new subparagraph:
                                                                       12                                  ‘‘(E) section 45E (small employer pension
                                                                       13                         plan startup cost credit),’’.
                                                                       14               (c) EFFECTIVE DATE.—The amendments made by
                                                                       15 this section shall apply to taxable years beginning after
                                                                       16 December 31, 2021.
                                                                       17      SEC. 110. CREDIT FOR RE-ENROLLMENT.

                                                                       18               (a) IN GENERAL.—Subpart D of part IV of sub-
                                                                       19 chapter A of chapter 1, as amended by this Act, is further
                                                                       20 amended by adding at the end the following new section:
                                                                       21      ‘‘SEC. 45V. CREDIT FOR RE-ENROLLMENT PROVISIONS IN

                                                                       22                              PLANS PROVIDED BY SMALL EMPLOYERS.

                                                                       23               ‘‘(a) IN GENERAL.—For purposes of section 38, in




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                                                                       24 the case of an eligible employer, the retirement re-enroll-




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                                                                         1 ment credit determined under this section for any taxable
                                                                         2 year is an amount equal to—
                                                                         3                        ‘‘(1) $500 for any taxable year occurring during
                                                                         4              the credit period, and
                                                                         5                        ‘‘(2) zero for any other taxable year.
                                                                         6              ‘‘(b) CREDIT PERIOD.—For purposes of subsection
                                                                         7 (a)—
                                                                         8                        ‘‘(1) IN GENERAL.—The credit period with re-
                                                                         9              spect to any eligible employer is the 3-taxable-year
                                                                       10               period beginning with the first taxable year for
                                                                       11               which the employer includes a re-enrollment provi-
                                                                       12               sion in an eligible automatic contribution arrange-
                                                                       13               ment (as defined in section 414(w)(3)) in a qualified
                                                                       14               employer plan (as defined in section 4972(d)) main-
                                                                       15               tained by the employer.
                                                                       16                         ‘‘(2) MAINTENANCE                           OF    ARRANGEMENT.—No

                                                                       17               taxable year with respect to an employer shall be
                                                                       18               treated as occurring within the credit period unless
                                                                       19               the provision described in paragraph (1) is included
                                                                       20               in the plan for such year.
                                                                       21               ‘‘(c) ELIGIBLE EMPLOYER.—For purposes of this
                                                                       22 section, the term ‘eligible employer’ has the meaning given
                                                                       23 such term in section 408(p)(2)(C)(i).




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                                                                       24               ‘‘(d) RE-ENROLLMENT PROVISION.—For purposes of
                                                                       25 this section, the term ‘re-enrollment provision’ means a


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                                                                         1 provision of an eligible automatic contribution arrange-
                                                                         2 ment under which—
                                                                         3                        ‘‘(1) IN GENERAL.—Each employee eligible to
                                                                         4              participate in the arrangement who is not contrib-
                                                                         5              uting or is contributing less than the percentage ap-
                                                                         6              plicable to an eligible employee in the first year of
                                                                         7              eligibility is treated as being in such first year of eli-
                                                                         8              gibility in each applicable year with respect to the
                                                                         9              employee.
                                                                       10                         ‘‘(2) ELECTION OUT.—The election treated as
                                                                       11               having been made under paragraph (1) shall cease
                                                                       12               to apply with respect to any employee if such em-
                                                                       13               ployee makes an affirmative election—
                                                                       14                                  ‘‘(A) to not have such contributions made,
                                                                       15                         or
                                                                       16                                  ‘‘(B) to make elective contributions at a
                                                                       17                         level specified in such affirmative election.
                                                                       18                         ‘‘(3) APPLICABLE YEAR EVERY THIRD YEAR.—
                                                                       19                                  ‘‘(A) IN GENERAL.—For purposes of this
                                                                       20                         section, the term ‘applicable year’ means, with
                                                                       21                         respect to an employee, such employee’s first
                                                                       22                         plan year of eligibility under the arrangement,
                                                                       23                         and all subsequent plan years of eligibility.




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                                                                       24                                  ‘‘(B) EXCEPTION.—Following any applica-
                                                                       25                         ble year of an employee (determined after the


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                                                                         1                        application of this subparagraph), the plan may
                                                                         2                        elect to treat the next 1 or 2 plan years as not
                                                                         3                        being applicable years with respect to such em-
                                                                         4                        ployee.’’.
                                                                         5              (b) CREDIT TO BE PART OF GENERAL BUSINESS
                                                                         6 CREDIT.—Subsection (b) of section 38, as amended by
                                                                         7 this Act, is further amended by striking ‘‘plus’’ at the end
                                                                         8 of paragraph (33), by striking the period at the end of
                                                                         9 paragraph (34) and inserting ‘‘, plus’’, and by adding at
                                                                       10 the end the following new paragraph:
                                                                       11                         ‘‘(35) in the case of an eligible employer (as de-
                                                                       12               fined in section 45V(c)), the retirement re-enroll-
                                                                       13               ment credit determined under section 45V(a).’’.
                                                                       14               (c) CONFORMING AMENDMENT.—Paragraph (2) of
                                                                       15 section 3511(d), as amended by this Act, is further
                                                                       16 amended—
                                                                       17                         (1) by redesignating subparagraphs (H), (I),
                                                                       18               and (J) as subparagraphs (I), (J), and (K), respec-
                                                                       19               tively, and
                                                                       20                         (2) by inserting after subparagraph (G) the fol-
                                                                       21               lowing new subparagraph:
                                                                       22                                  ‘‘(H) section 45U (retirement re-enroll-
                                                                       23                         ment credit),’’.




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                                                                       24               (d) CLERICAL AMENDMENT.—The table of sections
                                                                       25 for subpart D of part IV of subchapter A of chapter 1


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                                                                         1 is amended by inserting after the item relating to section
                                                                         2 45U the following new item:
                                                                               ‘‘Sec. 45V. Credit for re-enrollment provisions in plans provided by small em-
                                                                                               ployers.’’.

                                                                         3              (e) EFFECTIVE DATE.—The amendments made by
                                                                         4 this section shall apply to taxable years beginning after
                                                                         5 December 31, 2021.
                                                                         6     SEC. 111. TREATMENT OF STUDENT LOAN PAYMENTS AS

                                                                         7                             ELECTIVE DEFERRALS FOR PURPOSES OF

                                                                         8                             MATCHING CONTRIBUTIONS.

                                                                         9              (a) IN GENERAL.—Subparagraph (A) of section
                                                                       10 401(m)(4) is amended by striking ‘‘and’’ at the end of
                                                                       11 clause (i), by striking the period at the end of clause (ii)
                                                                       12 and inserting ‘‘, and’’, and by adding at the end the fol-
                                                                       13 lowing new clause:
                                                                       14                                          ‘‘(iii) subject to the requirements of
                                                                       15                                  paragraph (13), any employer contribution
                                                                       16                                  made to a defined contribution plan on be-
                                                                       17                                  half of an employee on account of a quali-
                                                                       18                                  fied student loan payment.’’.
                                                                       19               (b) QUALIFIED STUDENT LOAN PAYMENT.—Para-
                                                                       20 graph (4) of section 401(m) is amended by adding at the
                                                                       21 end the following new subparagraph:
                                                                       22                                  ‘‘(D) QUALIFIED                      STUDENT              LOAN   PAY-




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                                                                       23                         MENT.—The term ‘qualified student loan pay-

                                                                       24                         ment’ means a payment made by an employee

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                                                                         1                        in repayment of a qualified education loan (as
                                                                         2                        defined in section 221(d)(1)) incurred by the
                                                                         3                        employee to pay qualified higher education ex-
                                                                         4                        penses, but only—
                                                                         5                                         ‘‘(i) to the extent such payments in
                                                                         6                                 the aggregate for the year do not exceed
                                                                         7                                 an amount equal to—
                                                                         8                                                  ‘‘(I)       the       limitation              applicable
                                                                         9                                         under section 402(g) for the year (or,
                                                                       10                                          if lesser, the employee’s compensation
                                                                       11                                          (as defined in section 415(c)(3)) for
                                                                       12                                          the year), reduced by
                                                                       13                                                   ‘‘(II) the elective deferrals made
                                                                       14                                          by the employee for such year, and
                                                                       15                                          ‘‘(ii) if the employee certifies to the
                                                                       16                                  employer making the matching contribu-
                                                                       17                                  tion under this paragraph that such pay-
                                                                       18                                  ment has been made on such loan.
                                                                       19                         For purposes of this subparagraph, the term
                                                                       20                         ‘qualified higher education expenses’ means the
                                                                       21                         cost of attendance (as defined in section 472 of
                                                                       22                         the Higher Education Act of 1965, as in effect
                                                                       23                         on the day before the date of the enactment of




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                                                                       24                         the Taxpayer Relief Act of 1997) at an eligible




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                                                                         1                        educational institution (as defined in section
                                                                         2                        221(d)(2)).’’.
                                                                         3              (c) MATCHING CONTRIBUTIONS                                         FOR        QUALIFIED
                                                                         4 STUDENT LOAN PAYMENTS.—Subsection (m) of section
                                                                         5 401, as amended by this Act, is further amended by redes-
                                                                         6 ignating paragraph (14) as paragraph (15), and by insert-
                                                                         7 ing after paragraph (13) the following new paragraph:
                                                                         8                        ‘‘(14) MATCHING CONTRIBUTIONS FOR QUALI-
                                                                         9              FIED STUDENT LOAN PAYMENTS.—

                                                                       10                                  ‘‘(A) IN GENERAL.—For purposes of para-
                                                                       11                         graph (4)(A)(iii), an employer contribution
                                                                       12                         made to a defined contribution plan on account
                                                                       13                         of a qualified student loan payment shall be
                                                                       14                         treated as a matching contribution for purposes
                                                                       15                         of this title if—
                                                                       16                                          ‘‘(i) the plan provides matching con-
                                                                       17                                  tributions on account of elective deferrals
                                                                       18                                  at the same rate as contributions on ac-
                                                                       19                                  count of qualified student loan payments,
                                                                       20                                          ‘‘(ii) the plan provides matching con-
                                                                       21                                  tributions on account of qualified student
                                                                       22                                  loan payments only on behalf of employees
                                                                       23                                  otherwise eligible to receive matching con-




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                                                                       24                                  tributions on account of elective deferrals,




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                                                                         1                                         ‘‘(iii) under the plan, all employees el-
                                                                         2                                 igible to receive matching contributions on
                                                                         3                                 account of elective deferrals are eligible to
                                                                         4                                 receive matching contributions on account
                                                                         5                                 of qualified student loan payments, and
                                                                         6                                         ‘‘(iv) the plan provides that matching
                                                                         7                                 contributions on account of qualified stu-
                                                                         8                                 dent loan payments vest in the same man-
                                                                         9                                 ner as matching contributions on account
                                                                       10                                  of elective deferrals.
                                                                       11                                  ‘‘(B) TREATMENT FOR PURPOSES OF NON-
                                                                       12                         DISCRIMINATION RULES, ETC.—

                                                                       13                                          ‘‘(i) NONDISCRIMINATION                                RULES.—

                                                                       14                                  For purposes of subparagraph (A)(iii),
                                                                       15                                  subsection (a)(4), and section 410(b),
                                                                       16                                  matching contributions described in para-
                                                                       17                                  graph (4)(A)(iii) shall not fail to be treated
                                                                       18                                  as available to an employee solely because
                                                                       19                                  such employee does not have debt incurred
                                                                       20                                  under a qualified education loan (as de-
                                                                       21                                  fined in section 221(d)(1)).
                                                                       22                                          ‘‘(ii) STUDENT LOAN PAYMENTS NOT
                                                                       23                                  TREATED AS PLAN CONTRIBUTION.—Ex-




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                                                                       24                                  cept as provided in clause (iii), a qualified




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                                                                         1                                 student loan payment shall not be treated
                                                                         2                                 as a contribution to a plan under this title.
                                                                         3                                         ‘‘(iii)         MATCHING                       CONTRIBUTION

                                                                         4                                 RULES.—Solely                 for purposes of meeting
                                                                         5                                 the requirements of paragraph (11)(B),
                                                                         6                                 (12), or (13) of this subsection, or para-
                                                                         7                                 graph (11)(B)(i)(II), (12)(B), (13)(D), or
                                                                         8                                 (15)(D) of subsection (k), a plan may treat
                                                                         9                                 a qualified student loan payment as an
                                                                       10                                  elective deferral or an elective contribution,
                                                                       11                                  whichever is applicable.
                                                                       12                                          ‘‘(iv) ACTUAL                 DEFERRAL PERCENT-

                                                                       13                                  AGE TESTING.—In determining whether a

                                                                       14                                  plan meets the requirements of subsection
                                                                       15                                  (k)(3)(A)(ii) for a plan year, the plan may
                                                                       16                                  apply the requirements of such subsection
                                                                       17                                  separately with respect to all employees
                                                                       18                                  who receive matching contributions de-
                                                                       19                                  scribed in paragraph (4)(A)(iii) for the
                                                                       20                                  plan year.
                                                                       21                                  ‘‘(C) EMPLOYER MAY RELY ON EMPLOYEE
                                                                       22                         CERTIFICATION.—The employer may rely on an

                                                                       23                         employee certification of payment under para-




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                                                                       24                         graph (4)(D)(ii).’’.




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                                                                         1              (d) SIMPLE RETIREMENT ACCOUNTS.—Paragraph
                                                                         2 (2) of section 408(p) is amended by adding at the end
                                                                         3 the following new subparagraph:
                                                                         4                                 ‘‘(F)        MATCHING                 CONTRIBUTIONS               FOR

                                                                         5                        QUALIFIED STUDENT LOAN PAYMENTS.—

                                                                         6                                         ‘‘(i) IN          GENERAL.—Subject                      to the
                                                                         7                                 rules of clause (iii), an arrangement shall
                                                                         8                                 not fail to be treated as meeting the re-
                                                                         9                                 quirements of subparagraph (A)(iii) solely
                                                                       10                                  because under the arrangement, solely for
                                                                       11                                  purposes of such subparagraph, qualified
                                                                       12                                  student loan payments are treated as
                                                                       13                                  amounts elected by the employee under
                                                                       14                                  subparagraph (A)(i)(I) to the extent such
                                                                       15                                  payments do not exceed—
                                                                       16                                                   ‘‘(I) the applicable dollar amount
                                                                       17                                          under subparagraph (E) (after appli-
                                                                       18                                          cation of section 414(v)) for the year
                                                                       19                                          (or, if lesser, the employee’s com-
                                                                       20                                          pensation             (as        defined           in   section
                                                                       21                                          415(c)(3)) for the year), reduced by
                                                                       22                                                   ‘‘(II) any other amounts elected
                                                                       23                                          by the employee under subparagraph




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                                                                       24                                          (A)(i)(I) for the year.




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                                                                         1                                         ‘‘(ii) QUALIFIED STUDENT LOAN PAY-
                                                                         2                                 MENT.—For                 purposes of this subpara-
                                                                         3                                 graph—
                                                                         4                                                  ‘‘(I) IN            GENERAL.—The                 term
                                                                         5                                         ‘qualified            student             loan         payment’
                                                                         6                                         means a payment made by an em-
                                                                         7                                         ployee in repayment of a qualified
                                                                         8                                         education loan (as defined in section
                                                                         9                                         221(d)(1)) incurred to pay qualified
                                                                       10                                          higher education expenses, but only if
                                                                       11                                          the employee certifies to the employer
                                                                       12                                          making the matching contribution
                                                                       13                                          that such payment has been made on
                                                                       14                                          such a loan.
                                                                       15                                                   ‘‘(II) QUALIFIED HIGHER EDU-
                                                                       16                                          CATION EXPENSES.—The term ‘quali-

                                                                       17                                          fied higher education expenses’ has
                                                                       18                                          the same meaning as when used in
                                                                       19                                          section 401(m)(4)(D).
                                                                       20                                          ‘‘(iii) APPLICABLE RULES.—Clause (i)
                                                                       21                                  shall apply to an arrangement only if,
                                                                       22                                  under the arrangement—
                                                                       23                                                   ‘‘(I) matching contributions on




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                                                                       24                                          account of qualified student loan pay-
                                                                       25                                          ments are provided only on behalf of


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                                                                         1                                         employees otherwise eligible to elect
                                                                         2                                         contributions                 under            subparagraph
                                                                         3                                         (A)(i)(I), and
                                                                         4                                                  ‘‘(II) all employees otherwise eli-
                                                                         5                                         gible to participate in the arrange-
                                                                         6                                         ment are eligible to receive matching
                                                                         7                                         contributions on account of qualified
                                                                         8                                         student loan payments.’’.
                                                                         9              (e) 403(b) PLANS.—Subparagraph (A) of section
                                                                       10 403(b)(12) is amended by adding at the end the following:
                                                                       11 ‘‘The fact that the employer offers matching contributions
                                                                       12 on account of qualified student loan payments as described
                                                                       13 in section 401(m)(14) shall not be taken into account in
                                                                       14 determining whether the arrangement satisfies the re-
                                                                       15 quirements of clause (ii) (and any regulation there-
                                                                       16 under).’’.
                                                                       17               (f) 457(b) PLANS.—Subsection (b) of section 457 is
                                                                       18 amended by adding at the end the following: ‘‘A plan
                                                                       19 which is established and maintained by an employer which
                                                                       20 is described in subsection (e)(1)(A) shall not be treated
                                                                       21 as failing to meet the requirements of this subsection sole-
                                                                       22 ly because the plan, or another plan maintained by the
                                                                       23 employer which meets the requirements of section 401(a),




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                                                                       24 provides for matching contributions on account of quali-




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                                                                                                                              35
                                                                         1 fied student loan payments as described in section
                                                                         2 401(m)(14).’’.
                                                                         3              (g) REGULATORY AUTHORITY.—The Secretary of the
                                                                         4 Treasury (or such Secretary’s delegate) shall prescribe
                                                                         5 regulations for purposes of implementing the amendments
                                                                         6 made by this section, including regulations—
                                                                         7                        (1) permitting a plan to make matching con-
                                                                         8              tributions for qualified student loan payments, as
                                                                         9              defined in sections 401(m)(4)(D) and 408(p)(2)(F)
                                                                       10               of the Internal Revenue Code of 1986, as added by
                                                                       11               this section, at a different frequency than matching
                                                                       12               contributions are otherwise made under the plan,
                                                                       13               provided that the frequency is not less than annu-
                                                                       14               ally;
                                                                       15                         (2) permitting employers to establish reasonable
                                                                       16               procedures to claim matching contributions for such
                                                                       17               qualified student loan payments under the plan, in-
                                                                       18               cluding an annual deadline (not earlier than 3
                                                                       19               months after the close of each plan year) by which
                                                                       20               a claim must be made; and
                                                                       21                         (3) promulgating model amendments which
                                                                       22               plans may adopt to implement matching contribu-
                                                                       23               tions on such qualified student loan payments for




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                                                                       24               purposes of sections 401(m), 408(p), 403(b), and
                                                                       25               457(b) of the Internal Revenue Code of 1986.


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                                                                         1              (h) EFFECTIVE DATE.—The amendments made by
                                                                         2 this section shall apply to contributions made for years
                                                                         3 beginning after December 31, 2021.
                                                                         4     SEC. 112. TREATMENT OF QUALIFIED RETIREMENT PLAN-

                                                                         5                             NING SERVICES.

                                                                         6              (a) IN GENERAL.—Subsection (m) of section 132 is
                                                                         7 amended by adding at the end the following new para-
                                                                         8 graph:
                                                                         9                        ‘‘(4) NO CONSTRUCTIVE RECEIPT.—No amount
                                                                       10               shall be included in the gross income of any em-
                                                                       11               ployee solely because the employee may choose be-
                                                                       12               tween any qualified retirement planning services and
                                                                       13               compensation which would otherwise be includible in
                                                                       14               the gross income of such employee. The preceding
                                                                       15               sentence shall apply to highly compensated employ-
                                                                       16               ees only if the choice described in such sentence is
                                                                       17               available on substantially the same terms to each
                                                                       18               member of the group of employees normally provided
                                                                       19               education and information regarding the employer’s
                                                                       20               qualified employer plan.’’.
                                                                       21               (b) DEFINITION.—Paragraph (1) of section 132(m)
                                                                       22 is amended by inserting before the period the following:
                                                                       23 ‘‘, including—




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                                                                       24                                  ‘‘(A) advice regarding investments in any
                                                                       25                         arrangement described in section 219(g)(5)


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                                                                                                                              37
                                                                         1                        (without regard to the last sentence thereof),
                                                                         2                        and
                                                                         3                                 ‘‘(B) retirement advice regarding invest-
                                                                         4                        ments held outside such an arrangement.’’.
                                                                         5              (c) CONFORMING AMENDMENTS.—
                                                                         6                        (1) Section 403(b)(3)(B) is amended by insert-
                                                                         7              ing ‘‘132(m)(4),’’ after ‘‘132(f)(4),’’.
                                                                         8                        (2) Section 414(s)(2) is amended by inserting
                                                                         9              ‘‘132(m)(4),’’ after ‘‘132(f)(4),’’.
                                                                       10                         (3) Section 415(c)(3)(D)(ii) is amended by in-
                                                                       11               serting ‘‘132(m)(4),’’ after ‘‘132(f)(4),’’.
                                                                       12               (d) EFFECTIVE DATE.—The amendment made by
                                                                       13 this section shall apply to taxable years beginning after
                                                                       14 December 31, 2021.
                                                                       15      SEC. 113. ALLOW ADDITIONAL NONELECTIVE CONTRIBU-

                                                                       16                              TIONS TO SIMPLE PLANS.

                                                                       17               (a) IN GENERAL.—
                                                                       18                         (1) MODIFICATION TO DEFINITION.—Subpara-
                                                                       19               graph (A) of section 408(p)(2) is amended by strik-
                                                                       20               ing ‘‘and’’ at the end of clause (iii), by redesignating
                                                                       21               clause (iv) as clause (v), and by inserting after
                                                                       22               clause (iii) the following new clause:
                                                                       23                                          ‘‘(iv) the employer may make nonelec-




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                                                                       24                                  tive contributions of a uniform percentage
                                                                       25                                  (up to 10 percent) of compensation for


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                                                                         1                                 each employee who is eligible to participate
                                                                         2                                 in the arrangement and who has at least
                                                                         3                                 $5,000 of compensation from the employer
                                                                         4                                 for the year, and’’.
                                                                         5                        (2) LIMITATION.—Subparagraph (A) of section
                                                                         6              408(p)(2) is amended by adding at the end the fol-
                                                                         7              lowing: ‘‘The compensation taken into account under
                                                                         8              clause (iv) for any year shall not exceed the limita-
                                                                         9              tion        in      effect         for       such         year            under   section
                                                                       10               401(a)(17).’’.
                                                                       11                         (3) OVERALL                 DOLLAR LIMIT ON CONTRIBU-

                                                                       12               TIONS.—Paragraph (8) of section 408(p) is amended

                                                                       13               to read as follows:
                                                                       14                         ‘‘(8) COORDINATION WITH MAXIMUM LIMITA-
                                                                       15               TION UNDER SUBSECTION (a).—In the case of any

                                                                       16               simple retirement account, subsections (a)(1) and
                                                                       17               (b)(2) shall be applied by substituting for ‘the dollar
                                                                       18               amount in effect under section 219(b)(1)(A)’ the fol-
                                                                       19               lowing: ‘the sum (but not to exceed 50 percent of
                                                                       20               the amount in effect under section 415(c)(1)(A) (ex-
                                                                       21               cept as provided in section 414(v))) of the dollar
                                                                       22               amount in effect under paragraph (2)(A)(ii) of this
                                                                       23               subsection; the employer contribution required under




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                                                                       24               paragraph (2)(A)(iii) or (2)(B)(i) of this subsection,
                                                                       25               whichever is applicable; and the employer contribu-


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                                                                                                                              39
                                                                         1              tion made on behalf of the employee under para-
                                                                         2              graph (2)(A)(iv) of this subsection’.’’.
                                                                         3              (b) CONFORMING AMENDMENTS.—
                                                                         4                        (1) Section 408(p)(2)(A)(v), as redesignated by
                                                                         5              subsection (a), is amended by striking ‘‘or (iii)’’ and
                                                                         6              inserting ‘‘, (iii), or (iv)’’.
                                                                         7                        (2) Paragraph (8) of section 408(p) is amended
                                                                         8              by inserting ‘‘, the employer contribution actually
                                                                         9              made under paragraph (2)(A)(iv) of this sub-
                                                                       10               section,’’ after ‘‘paragraph (2)(A)(ii) of this sub-
                                                                       11               section’’.
                                                                       12                         (3) Section 401(k)(11)(B)(i) is amended by
                                                                       13               striking ‘‘and’’ at the end of subclause (II), by re-
                                                                       14               designating subclause (III) as subclause (V), and by
                                                                       15               inserting after subclause (II) the following new sub-
                                                                       16               clauses:
                                                                       17                                                   ‘‘(III) the employer may make
                                                                       18                                          nonelective contributions of a uniform
                                                                       19                                          percentage (up to 10 percent) of com-
                                                                       20                                          pensation for each employee who is el-
                                                                       21                                          igible to participate in the arrange-
                                                                       22                                          ment and who has at least $5,000 of
                                                                       23                                          compensation from the employer for




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                                                                       24                                          the year,




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                                                                         1                                                  ‘‘(IV) contributions on behalf of
                                                                         2                                         any employee for any year may not
                                                                         3                                         exceed 50 percent of the amount in
                                                                         4                                         effect under section 415(c)(1)(A) (ex-
                                                                         5                                         cept as provided in section 414(v)),
                                                                         6                                         and’’.
                                                                         7                        (4) Section 401(k)(11)(B)(i)(V), as redesig-
                                                                         8              nated by paragraph (3), is amended by striking ‘‘or
                                                                         9              (II)’’ and inserting ‘‘, (II), or (III)’’.
                                                                       10               (c) EFFECTIVE DATE.—The amendments made by
                                                                       11 this section shall apply to years beginning after December
                                                                       12 31, 2021.
                                                                       13      SEC. 114. REFORM OF THE MINIMUM PARTICIPATION RULE.

                                                                       14               (a) IN GENERAL.—Subparagraph (H) of section
                                                                       15 401(a)(26) is amended by adding at the end the following:
                                                                       16 ‘‘Not later than December 31, 2022, the Secretary shall
                                                                       17 issue final regulations under which this paragraph may
                                                                       18 be applied separately to bona fide separate subsidiaries or
                                                                       19 divisions.’’.
                                                                       20               (b) EFFECTIVE DATE.—The amendment made by
                                                                       21 subsection (a) shall take effect on the date of enactment
                                                                       22 of this Act.




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                                                                         1     SEC. 115. EXPANSION OF EMPLOYEE PLANS COMPLIANCE

                                                                         2                             RESOLUTION SYSTEM.

                                                                         3              (a) IN GENERAL.—Except as otherwise provided in
                                                                         4 regulations prescribed by the Secretary of the Treasury
                                                                         5 or the Secretary’s delegate (referred to in this section as
                                                                         6 the ‘‘Secretary’’), any inadvertent failure to comply with
                                                                         7 the rules applicable under section 401(a), 403(a), 403(b),
                                                                         8 408(p), or 408(k) of the Internal Revenue Code of 1986
                                                                         9 may be self-corrected under the Employee Plans Compli-
                                                                       10 ance Resolution System (as described in Revenue Proce-
                                                                       11 dure 2019–19 or any successor guidance), except to the
                                                                       12 extent that such failure was identified by the Secretary
                                                                       13 prior to any actions which demonstrate a commitment to
                                                                       14 implement a self-correction. Revenue Procedure 2019–19
                                                                       15 is deemed amended as of the date of the enactment of
                                                                       16 this Act to provide that the correction period under section
                                                                       17 9.02 of such Revenue Procedure (or any successor provi-
                                                                       18 sion) for an inadvertent failure is indefinite and has no
                                                                       19 last day, other than with respect to failures identified by
                                                                       20 the Secretary prior to any self-correction as described in
                                                                       21 the preceding sentence.
                                                                       22               (b) LOAN ERROR.—The Secretary of Labor shall
                                                                       23 treat any loan error corrected pursuant to subsection (a)
                                                                       24 as meeting the requirements of the Voluntary Fiduciary




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                                                                       25 Correction Program of the Department of Labor.


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                                                                         1              (c) EPCRS FOR IRAS.—The Secretary shall expand
                                                                         2 the Employee Plans Compliance Resolution System to
                                                                         3 allow custodians of individual retirement plans to address
                                                                         4 inadvertent failures for which the owner of an individual
                                                                         5 retirement plan was not at fault, including (but not limited
                                                                         6 to)—
                                                                         7                        (1) waivers of the excise tax which would other-
                                                                         8              wise apply under section 4974 of the Internal Rev-
                                                                         9              enue Code of 1986;
                                                                       10                         (2) under the self-correction component of the
                                                                       11               Employee Plans Compliance Resolution System,
                                                                       12               waivers of the 60-day deadline for a rollover where
                                                                       13               the deadline is missed for reasons beyond the rea-
                                                                       14               sonable control of the account owner; and
                                                                       15                         (3) rules permitting a nonspouse beneficiary to
                                                                       16               return distributions to an inherited individual retire-
                                                                       17               ment plan described in section 408(d)(3)(C) of the
                                                                       18               Internal Revenue Code of 1986 in a case where, due
                                                                       19               to an inadvertent error by a service provider, the
                                                                       20               beneficiary had reason to believe that the distribu-
                                                                       21               tion could be rolled over without inclusion in income
                                                                       22               of any part of the distributed amount.
                                                                       23               (d) REQUIRED MINIMUM DISTRIBUTION CORREC-




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                                                                       24      TIONS.—The Secretary shall expand the Employee Plans

                                                                       25 Compliance Resolution System to allow plans to which


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                                                                         1 such system applies and custodians and owners of indi-
                                                                         2 vidual retirement plans to self-correct, without an excise
                                                                         3 tax, any inadvertent failures pursuant to which a distribu-
                                                                         4 tion is made no more than 180 days after it was required
                                                                         5 to be made.
                                                                         6              (e) ADDITIONAL SAFE HARBORS.—The Secretary
                                                                         7 shall expand the Employee Plans Compliance Resolution
                                                                         8 System (as described in Revenue Procedure 2019–19 or
                                                                         9 any successor guidance) to provide additional safe harbor
                                                                       10 means of correcting inadvertent failures described in sub-
                                                                       11 section (a), including safe harbor means of calculating the
                                                                       12 earnings which must be restored to a plan in cases where
                                                                       13 plan assets have been depleted by reason of an inadvertent
                                                                       14 failure.
                                                                       15               (f) DEFINITIONS AND SPECIAL RULES.—
                                                                       16                         (1) INADVERTENT FAILURE.—For purposes of
                                                                       17               this section—
                                                                       18                                  (A) IN GENERAL.—Except as provided in
                                                                       19                         subparagraph (B), the term ‘‘inadvertent fail-
                                                                       20                         ure’’ means a failure that occurs despite the ex-
                                                                       21                         istence of practices and procedures which—
                                                                       22                                          (i) satisfy the standards set forth in
                                                                       23                                  section 4.04 of Revenue Procedure 2019–




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                                                                       24                                  19 (or any successor provision); or




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                                                                         1                                         (ii) satisfy similar standards in the
                                                                         2                                 case of an individual retirement plan.
                                                                         3                                 (B) CORRECTION                       BY      OWNER             OF   INDI-

                                                                         4                        VIDUAL RETIREMENT PLAN.—In the case of a

                                                                         5                        correction by an owner of an individual retire-
                                                                         6                        ment plan under subsection (d), the term ‘‘in-
                                                                         7                        advertent failure’’ means a failure due to rea-
                                                                         8                        sonable cause.
                                                                         9                        (2) PLAN LOAN CORRECTIONS.—In the case of
                                                                       10               an inadvertent failure relating to a loan to a partici-
                                                                       11               pant from a plan, such failure may be self-corrected
                                                                       12               under subsection (a) according to the rules of sec-
                                                                       13               tion 6.07 of Revenue Procedure 2019–19 (or any
                                                                       14               successor provision), including the provisions related
                                                                       15               to whether a deemed distribution must be reported
                                                                       16               on Form 1099–R.
                                                                       17      SEC. 116. ENHANCEMENT OF 403(b) PLANS.

                                                                       18               (a) IN GENERAL.—
                                                                       19                         (1) PERMITTED INVESTMENTS.—Subparagraph
                                                                       20               (A) of section 403(b)(7) is amended by striking ‘‘the
                                                                       21               amounts are to be invested in regulated investment
                                                                       22               company stock to be held in that custodial account’’
                                                                       23               and inserting ‘‘the amounts to be held in that custo-




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                                                                       24               dial account are invested in regulated investment
                                                                       25               company stock or a group trust intended to satisfy


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                                                                                                                              45
                                                                         1              the requirements of Internal Revenue Service Rev-
                                                                         2              enue Ruling 81–100 (or any successor guidance)’’.
                                                                         3                        (2) CONFORMING AMENDMENT.—The heading
                                                                         4              of paragraph (7) of section 403(b) is amended by
                                                                         5              striking ‘‘FOR REGULATED INVESTMENT COMPANY
                                                                         6              STOCK’’.

                                                                         7                        (3) EFFECTIVE DATE.—The amendments made
                                                                         8              by this subsection shall apply to amounts invested
                                                                         9              after December 31, 2021.
                                                                       10               (b) AMENDMENTS TO THE INVESTMENT COMPANY
                                                                       11 ACT OF 1940.—Section 3(c)(11) of the Investment Com-
                                                                       12 pany Act of 1940 (15 U.S.C. 80a–3(c)(11)) is amended
                                                                       13 to read as follows:
                                                                       14                         ‘‘(11) Any—
                                                                       15                                  ‘‘(A) employee’s stock bonus, pension, or
                                                                       16                         profit-sharing trust which meets the require-
                                                                       17                         ments for qualification under section 401 of the
                                                                       18                         Internal Revenue Code of 1986;
                                                                       19                                  ‘‘(B) custodial account meeting the re-
                                                                       20                         quirements of section 403(b)(7) of such Code;
                                                                       21                                  ‘‘(C) governmental plan described in sec-
                                                                       22                         tion 3(a)(2)(C) of the Securities Act of 1933
                                                                       23                         (15 U.S.C. 77c(a)(2)(C));




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                                                                       24                                  ‘‘(D) collective trust fund maintained by a
                                                                       25                         bank consisting solely of assets of one or more


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                                                                                                                              46
                                                                         1                        of such trusts, government plans, or church
                                                                         2                        plans, companies or accounts that are excluded
                                                                         3                        from the definition of an investment company
                                                                         4                        under paragraph (14) of this subsection;
                                                                         5                                 ‘‘(E) plan which meets the requirements of
                                                                         6                        section 403(b) of the Internal Revenue Code of
                                                                         7                        1986 if—
                                                                         8                                         ‘‘(i) such plan is subject to title I of
                                                                         9                                 the Employee Retirement Income Security
                                                                       10                                  Act of 1974 (29 U.S.C. 1001 et seq.);
                                                                       11                                          ‘‘(ii) any employer making such plan
                                                                       12                                  available agrees to serve as a fiduciary for
                                                                       13                                  the plan with respect to the selection of the
                                                                       14                                  plan’s investments among which partici-
                                                                       15                                  pants can choose; or
                                                                       16                                          ‘‘(iii) such plan is a governmental
                                                                       17                                  plan (as defined in section 414(d) of such
                                                                       18                                  Code); or
                                                                       19                                  ‘‘(F) separate account the assets of which
                                                                       20                         are derived solely from—
                                                                       21                                          ‘‘(i) contributions under pension or
                                                                       22                                  profit-sharing plans which meet the re-
                                                                       23                                  quirements of section 401 of the Internal




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                                                                       24                                  Revenue Code of 1986 or the requirements




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                                                                                                                              47
                                                                         1                                 for deduction of the employer’s contribu-
                                                                         2                                 tion under section 404(a)(2) of such Code;
                                                                         3                                         ‘‘(ii)         contributions              under        govern-
                                                                         4                                 mental plans in connection with which in-
                                                                         5                                 terests, participations, or securities are ex-
                                                                         6                                 empted from the registration provisions of
                                                                         7                                 section 5 of the Securities Act of 1933 (15
                                                                         8                                 U.S.C. 77e) by section 3(a)(2)(C) of such
                                                                         9                                 Act (15 U.S.C. 77c(a)(2)(C));
                                                                       10                                          ‘‘(iii) advances made by an insurance
                                                                       11                                  company in connection with the operation
                                                                       12                                  of such separate account; and
                                                                       13                                          ‘‘(iv) contributions to a plan described
                                                                       14                                  in subparagraph (E).’’.
                                                                       15               (c) AMENDMENTS                        TO THE              SECURITIES ACT              OF

                                                                       16 1933.—Section 3(a)(2) of the Securities Act of 1933 (15
                                                                       17 U.S.C. 77c(a)(2)) is amended—
                                                                       18                         (1) by striking ‘‘beneficiaries, or (D)’’ and in-
                                                                       19               serting ‘‘beneficiaries, (D) a plan which meets the
                                                                       20               requirements of section 403(b) of such Code if (i)
                                                                       21               such plan is subject to title I of the Employee Re-
                                                                       22               tirement Income Security Act of 1974 (29 U.S.C.
                                                                       23               1001 et seq.), (ii) any employer making such plan




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                                                                       24               available agrees to serve as a fiduciary for the plan
                                                                       25               with respect to the selection of the plan’s invest-


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                                                                         1              ments among which participants can choose, or (iii)
                                                                         2              such plan is a governmental plan (as defined in sec-
                                                                         3              tion 414(d) of such Code), or (E)’’;
                                                                         4                        (2) by striking ‘‘(C), or (D)’’ and inserting
                                                                         5              ‘‘(C), (D), or (E)’’; and
                                                                         6                        (3) by striking ‘‘(iii) which is a plan funded’’
                                                                         7              and inserting ‘‘(iii) in the case of a plan not de-
                                                                         8              scribed in subparagraph (D), which is a plan fund-
                                                                         9              ed’’.
                                                                       10               (d) AMENDMENTS TO THE SECURITIES EXCHANGE
                                                                       11 ACT OF 1934.—Section 3(a)(12)(C) of the Securities Ex-
                                                                       12 change Act of 1934 (15 U.S.C. 78c(a)(12)(C)) is amend-
                                                                       13 ed—
                                                                       14                         (1) by striking ‘‘or (iv)’’ and inserting ‘‘(iv) a
                                                                       15               plan which meets the requirements of section 403(b)
                                                                       16               of such Code if (I) such plan is subject to title I of
                                                                       17               the Employee Retirement Income Security Act of
                                                                       18               1974 (29 U.S.C. 1001 et seq.), (II) any employer
                                                                       19               making such plan available agrees to serve as a fidu-
                                                                       20               ciary for the plan with respect to the selection of the
                                                                       21               plan’s investments among which participants can
                                                                       22               choose, or (III) such plan is a governmental plan (as
                                                                       23               defined in section 414(d) of such Code), or (v)’’;




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                                                                       24                         (2) by striking ‘‘(ii), or (iii)’’ and inserting
                                                                       25               ‘‘(ii), (iii), or (iv)’’; and


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                                                                         1                        (3) by striking ‘‘(II) is a plan funded’’ and in-
                                                                         2              serting ‘‘(II) in the case of a plan not described in
                                                                         3              clause (iv), is a plan funded’’.
                                                                         4     SEC. 117. ELIGIBILITY FOR PARTICIPATION IN RETIRE-

                                                                         5                             MENT PLANS.

                                                                         6              An individual shall not be precluded from partici-
                                                                         7 pating in an eligible deferred compensation plan by reason
                                                                         8 of having received a distribution under section 457(e)(9)
                                                                         9 of the Internal Revenue Code of 1986, as in effect prior
                                                                       10 to the enactment of the Small Business Job Protection
                                                                       11 Act of 1996.
                                                                       12      SEC. 118. SMALL IMMEDIATE FINANCIAL INCENTIVES FOR

                                                                       13                              CONTRIBUTING TO A PLAN.

                                                                       14               (a) IN GENERAL.—Subparagraph (A) of section
                                                                       15 401(k)(4) is amended by inserting ‘‘(other than a de mini-
                                                                       16 mis financial incentive)’’ after ‘‘any other benefit’’.
                                                                       17               (b) SECTION 403(b) PLANS.—Subparagraph (A) of
                                                                       18 section 403(b)(12), as amended by this Act, is further
                                                                       19 amended by adding at the end the following: ‘‘A plan shall
                                                                       20 not fail to satisfy clause (ii) solely by reason of the offering
                                                                       21 of a de minimis financial incentive for employees to elect
                                                                       22 to have the employer make contributions pursuant to a
                                                                       23 salary reduction agreement.’’.




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                                                                       24               (c) EXEMPTION FROM PROHIBITED TRANSACTION
                                                                       25 RULES.—Subsection (d) of section 4975 is amended by


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                                                                                                                              50
                                                                         1 striking ‘‘or’’ at the end of paragraph (22), by striking
                                                                         2 the period at the end of paragraph (23) and inserting ‘‘,
                                                                         3 or’’, and by adding at the end the following new para-
                                                                         4 graph:
                                                                         5                        ‘‘(24) the provision of a de minimis financial in-
                                                                         6              centive            described              in    section           401(k)(4)(A)    or
                                                                         7              403(b)(12)(A).’’.
                                                                         8              (d) AMENDMENT OF EMPLOYEE RETIREMENT IN-
                                                                         9     COME SECURITY ACT OF 1974.—Subsection (b) of section

                                                                       10 408 of the Employee Retirement Income Security Act of
                                                                       11 1974 (29 U.S.C. 1108(b)) is amended by adding at the
                                                                       12 end the following new paragraph:
                                                                       13                         ‘‘(21) The provision of a de minimis financial
                                                                       14               incentive described in section 401(k)(4)(A) or
                                                                       15               403(b)(12)(A) of the Internal Revenue Code of
                                                                       16               1986.’’.
                                                                       17               (e) EFFECTIVE DATE.—The amendments made by
                                                                       18 this section shall apply with respect to plan years begin-
                                                                       19 ning after the date of enactment of this Act.
                                                                       20      SEC. 119. INDEXING IRA CATCH-UP LIMIT.

                                                                       21               (a) IN GENERAL.—Subparagraph (C) of section
                                                                       22 219(b)(5) is amended by adding at the end the following
                                                                       23 new clause:




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                                                                       24                                          ‘‘(iii) INDEXING OF CATCH-UP LIMITA-
                                                                       25                                  TION.—In the case of any taxable year be-



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                                                                         1                                 ginning in a calendar year after 2022, the
                                                                         2                                 $1,000 amount under subparagraph (B)(ii)
                                                                         3                                 shall be increased by an amount equal to—
                                                                         4                                                  ‘‘(I) such dollar amount, multi-
                                                                         5                                         plied by
                                                                         6                                                  ‘‘(II) the cost-of-living adjust-
                                                                         7                                         ment determined under section 1(f)(3)
                                                                         8                                         for the calendar year in which the tax-
                                                                         9                                         able year begins, determined by sub-
                                                                       10                                          stituting ‘calendar year 2021’ for ‘cal-
                                                                       11                                          endar year 2016’ in subparagraph
                                                                       12                                          (A)(ii) thereof.
                                                                       13                                  If any amount after adjustment under the
                                                                       14                                  preceding sentence is not a multiple of
                                                                       15                                  $200, such amount shall be rounded to the
                                                                       16                                  next lower multiple of $200.’’.
                                                                       17               (b) EFFECTIVE DATE.—The amendments made by
                                                                       18 this section shall apply to years beginning after December
                                                                       19 31, 2022.
                                                                       20      SEC. 120. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60.

                                                                       21               (a) IN GENERAL.—
                                                                       22                         (1) PLANS OTHER THAN SIMPLE PLANS.—Sec-
                                                                       23               tion 414(v)(2)(B)(i) is amended by inserting the fol-




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                                                                       24               lowing before the period: ‘‘($10,000, in the case of




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                                                                                                                              52
                                                                         1              an eligible participant who has attained age 60 be-
                                                                         2              fore the close of the taxable year)’’.
                                                                         3                        (2) SIMPLE PLANS.—Section 414(v)(2)(B)(ii) is
                                                                         4              amended by inserting the following before the pe-
                                                                         5              riod: ‘‘($5,000, in the case of an eligible participant
                                                                         6              who has attained age 60 before the close of the tax-
                                                                         7              able year)’’.
                                                                         8              (b) COST-OF-LIVING ADJUSTMENTS.—Subparagraph
                                                                         9 (C) of section 414(v)(2) is amended by adding at the end
                                                                       10 the following: ‘‘In the case of a year beginning after De-
                                                                       11 cember 31, 2022, the Secretary shall adjust annually the
                                                                       12 $10,000 amount in subparagraph (B)(i) and the $5,000
                                                                       13 amount in subparagraph (B)(ii) for increases in the cost-
                                                                       14 of-living at the same time and in the same manner as ad-
                                                                       15 justments under the preceding sentence; except that the
                                                                       16 base period taken into account shall be the calendar quar-
                                                                       17 ter beginning July 1, 2021.’’.
                                                                       18               (c) EFFECTIVE DATE.—The amendments made by
                                                                       19 this section shall apply to years beginning after December
                                                                       20 31, 2021.




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                                                                         1     SEC. 121. DEFERRAL OF TAX FOR CERTAIN SALES OF EM-

                                                                         2                             PLOYER STOCK TO EMPLOYEE STOCK OWN-

                                                                         3                             ERSHIP PLAN SPONSORED BY S CORPORA-

                                                                         4                             TION.

                                                                         5              (a) IN GENERAL.—Section 1042(c)(1)(A) is amended
                                                                         6 by striking ‘‘domestic C corporation’’ and inserting ‘‘do-
                                                                         7 mestic corporation’’.
                                                                         8              (b) EFFECTIVE DATE.—The amendment made by
                                                                         9 this section shall apply to sales after the date of the enact-
                                                                       10 ment of this Act.
                                                                       11      SEC. 122. CREDIT FOR SMALL EMPLOYERS PROVIDING RE-

                                                                       12                              TIREMENT PLANS FOR MILITARY SPOUSES.

                                                                       13               (a) IN GENERAL.—Subpart D of part IV of sub-
                                                                       14 chapter A of chapter 1, as amended by this Act, is further
                                                                       15 amended by adding at the end the following new section:
                                                                       16      ‘‘SEC. 45W. SMALL EMPLOYER PROVISION OF RETIREMENT

                                                                       17                              SAVINGS FOR MILITARY SPOUSES.

                                                                       18               ‘‘(a) IN GENERAL.—For purposes of section 38, in
                                                                       19 the case of a covered small employer, the military spouse
                                                                       20 employee retirement plan credit determined under this
                                                                       21 section for the taxable year is an amount equal to the sum
                                                                       22 of—
                                                                       23                         ‘‘(1) $200 for each eligible military spouse em-
                                                                       24               ployee who is eligible to participate in an eligible em-




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                                                                       25               ployer plan during the plan year ending with or
                                                                       26               within such taxable year, plus
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                                                                                                                              54
                                                                         1                        ‘‘(2) with respect to each eligible military
                                                                         2              spouse employee participating in such plan, the less-
                                                                         3              er of—
                                                                         4                                 ‘‘(A) the amount of employer contributions
                                                                         5                        (other than any contribution described in sub-
                                                                         6                        paragraph (B) or (C) of section 25B(d)(1)
                                                                         7                        made under all eligible employer plans on behalf
                                                                         8                        of such eligible military spouse during the plan
                                                                         9                        year ending with or within such taxable year, or
                                                                       10                                  ‘‘(B) $300.
                                                                       11               In the case of a defined benefit plan, the amount
                                                                       12               treated as an employer contribution under para-
                                                                       13               graph (2)(A) shall be the increase in the partici-
                                                                       14               pant’s nonforfeitable accrued benefit (determined by
                                                                       15               using the rules of section 417(e)(3)) reduced by the
                                                                       16               amount of such increase attributable to employee
                                                                       17               contributions.
                                                                       18               ‘‘(b) ELIGIBLE EMPLOYER PLAN.—For purposes of
                                                                       19 this section, the term ‘eligible employer plan’ means a
                                                                       20 qualified employer plan (within the meaning of section
                                                                       21 4972(d)) in which all eligible military spouse employees
                                                                       22 of the covered small employer—
                                                                       23                         ‘‘(1) are eligible to participate as of the later of




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                                                                       24               the first day of the first plan year of the plan or the




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                                                                                                                              55
                                                                         1              date the employee has been employed for at least 2
                                                                         2              months,
                                                                         3                        ‘‘(2) are eligible to receive matching contribu-
                                                                         4              tions (as defined in section 401(m)) and nonelective
                                                                         5              contributions in the same manner as an employee
                                                                         6              (other than a highly compensated employee) with at
                                                                         7              least 2 years of service, and
                                                                         8                        ‘‘(3) are fully vested in their accrued benefit
                                                                         9              under the plan upon commencement of participation.
                                                                       10               ‘‘(c) COVERED SMALL EMPLOYER.—For purposes of
                                                                       11 this section, the term ‘covered small employer’ means an
                                                                       12 eligible               employer              (within         the        meaning             of   section
                                                                       13 408(p)(2)(C)(i)).
                                                                       14               ‘‘(d) ELIGIBLE MILITARY SPOUSE EMPLOYEE.—
                                                                       15                         ‘‘(1) IN GENERAL.—The term ‘eligible military
                                                                       16               spouse employee’ means any employee of the covered
                                                                       17               small employer who—
                                                                       18                                  ‘‘(A) has been employed by the employer
                                                                       19                         for more than 2 months,
                                                                       20                                  ‘‘(B) is not a highly compensated employee
                                                                       21                         (within the meaning of section 414(q)), and
                                                                       22                                  ‘‘(C) makes a certification to the small em-
                                                                       23                         ployer that, as of the date such employee is




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                                                                       24                         hired by the employer, such employee is mar-
                                                                       25                         ried to an individual who has performed service


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                                                                                                                              56
                                                                         1                        in the uniformed services (as defined in chapter
                                                                         2                        43 of title 38, United States Code) while on ac-
                                                                         3                        tive duty for a period of more than 30 days (in-
                                                                         4                        cluding the date such employee is hired).
                                                                         5              Any certification under subparagraph (C) shall in-
                                                                         6              clude the servicemember’s name, rank, and military
                                                                         7              branch and the employee’s uniformed services identi-
                                                                         8              fication card number.
                                                                         9                        ‘‘(2) LIMITATION.—An individual may not be
                                                                       10               treated as an eligible military spouse with respect to
                                                                       11               any covered small employer for more than 3 taxable
                                                                       12               years.’’.
                                                                       13               (b) CREDIT TO BE PART OF GENERAL BUSINESS
                                                                       14 CREDIT.—Section 38(b), as amended by this Act, is fur-
                                                                       15 ther amended by striking ‘‘plus’’ at the end of paragraph
                                                                       16 (34), by striking the period at the end of paragraph (35)
                                                                       17 and inserting ‘‘, plus’’, and by adding at the end the fol-
                                                                       18 lowing new paragraph:
                                                                       19                         ‘‘(36) the military spouse employee retirement
                                                                       20               plan credit determined under section 45W(a).’’.
                                                                       21               (c) CLERICAL AMENDMENT.—The table of sections
                                                                       22 for subpart D of part IV of subchapter A of chapter 1,
                                                                       23 as amended by this Act, is further amended by adding




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                                                                       24 at the end the following new item:
                                                                               ‘‘Sec. 45W. Small employer provision of retirement savings for military
                                                                                              spouses.’’.


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                                                                         1              (d) EFFECTIVE DATE.—The amendments made by
                                                                         2 this section shall apply to taxable years beginning after
                                                                         3 the date of the enactment of this Act.
                                                                         4            TITLE II—PRESERVATION OF
                                                                         5                     INCOME
                                                                         6     SEC. 201. QUALIFYING LONGEVITY ANNUITY CONTRACTS.

                                                                         7              (a) IN GENERAL.—Not later than the date which is
                                                                         8 1 year after the date of the enactment of this Act, the
                                                                         9 Secretary of the Treasury (or the Secretary’s delegate)
                                                                       10 shall amend the regulation issued by the Department of
                                                                       11 the Treasury relating to ‘‘Longevity Annuity Contracts’’
                                                                       12 (79 Fed. Reg. 37633 (July 2, 2014)), as follows:
                                                                       13                         (1) REPEAL 25-PERCENT PREMIUM LIMIT.—The
                                                                       14               Secretary (or delegate) shall amend Q&A–17(b)(3)
                                                                       15               of Treas. Reg. section 1.401(a)(9)–6 and Q&A–
                                                                       16               12(b)(3) of Treas. Reg. section 1.408–8 to eliminate
                                                                       17               the requirement that premiums for qualifying lon-
                                                                       18               gevity annuity contracts be limited to 25 percent of
                                                                       19               an individual’s account balance, and to make such
                                                                       20               corresponding changes to the regulations and related
                                                                       21               forms as are necessary to reflect the elimination of
                                                                       22               this requirement.
                                                                       23                         (2) INCREASE DOLLAR LIMITATION.—




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                                                                       24                                  (A) IN GENERAL.—The Secretary (or dele-
                                                                       25                         gate) shall amend Q&A–17(b)(2)(i) of Treas.


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                                                                         1                        Reg.         section             1.401(a)(9)–6                   and    Q&A–
                                                                         2                        12(b)(2)(i) of Treas. Reg. section 1.408–8 to
                                                                         3                        increase the dollar limitation on premiums for
                                                                         4                        qualifying longevity annuity contracts from
                                                                         5                        $125,000 to $200,000, and to make such cor-
                                                                         6                        responding changes to the regulations and re-
                                                                         7                        lated forms as are necessary to reflect this in-
                                                                         8                        crease in the dollar limitation.
                                                                         9                                 (B) ADJUSTMENTS FOR INFLATION.—The
                                                                       10                         Secretary (or delegate) shall amend Q&A–
                                                                       11                         17(d)(2)(i) of Treas. Reg. section 1.401(a)(9)–
                                                                       12                         6 to provide that, in the case of calendar years
                                                                       13                         beginning on or after January 1 of the second
                                                                       14                         year following the year of enactment of this
                                                                       15                         Act, the $200,000 dollar limitation (as in-
                                                                       16                         creased by subparagraph (A)) will be adjusted
                                                                       17                         at the same time and in the same manner as
                                                                       18                         the limits are adjusted under section 415(d) of
                                                                       19                         the Internal Revenue Code of 1986, except that
                                                                       20                         the base period shall be the calendar quarter
                                                                       21                         beginning July 1 of the year of enactment of
                                                                       22                         this Act, and any increase to such dollar limita-
                                                                       23                         tion which is not a multiple of $10,000 will be




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                                                                       24                         rounded to the next lowest multiple of $10,000.




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                                                                         1                        (3) FACILITATE JOINT AND SURVIVOR BENE-
                                                                         2              FITS.—The               Secretary (or delegate) shall amend
                                                                         3              Q&A–17(c) of Treas. Reg. section 1.401(a)(9)–6,
                                                                         4              and make such corresponding changes to the regula-
                                                                         5              tions and related forms as are necessary, to provide
                                                                         6              that, in the case of a qualifying longevity annuity
                                                                         7              contract which was purchased with joint and sur-
                                                                         8              vivor annuity benefits for the individual and the in-
                                                                         9              dividual’s spouse which were permissible under the
                                                                       10               regulations at the time the contract was originally
                                                                       11               purchased, a divorce occurring after the original
                                                                       12               purchase and before the annuity payments com-
                                                                       13               mence under the contract will not affect the permis-
                                                                       14               sibility of the joint and survivor annuity benefits or
                                                                       15               other benefits under the contract, or require any ad-
                                                                       16               justment to the amount or duration of benefits pay-
                                                                       17               able under the contract, provided that any qualified
                                                                       18               domestic relations order (within the meaning of sec-
                                                                       19               tion 414(p) of the Internal Revenue Code of 1986)
                                                                       20               or any divorce or separation instrument (within the
                                                                       21               meaning of section 71(b)(2) of the Internal Revenue
                                                                       22               Code of 1986)—
                                                                       23                                  (A) provides that the former spouse is en-




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                                                                       24                         titled to the survivor benefits under the con-
                                                                       25                         tract;


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                                                                         1                                 (B) does not modify the treatment of the
                                                                         2                        former spouse as the beneficiary under the con-
                                                                         3                        tract who is entitled to the survivor benefits; or
                                                                         4                                 (C) does not modify the treatment of the
                                                                         5                        former spouse as the measuring life for the sur-
                                                                         6                        vivor benefits under the contract.
                                                                         7                        (4) PERMIT SHORT FREE LOOK PERIOD.—The
                                                                         8              Secretary (or delegate) shall amend Q&A–17(a)(4)
                                                                         9              of Treas. Reg. section 1.401(a)(9)–6 to ensure that
                                                                       10               such Q&A does not preclude a contract from includ-
                                                                       11               ing a provision under which an employee may re-
                                                                       12               scind the purchase of the contract within a period
                                                                       13               not exceeding 90 days from the date of purchase.
                                                                       14                         (5) FACILITATE INDEXED AND VARIABLE CON-
                                                                       15               TRACTS WITH GUARANTEED BENEFITS.—The                                              Sec-
                                                                       16               retary (or delegate) shall amend Q&A–17(d)(4) of
                                                                       17               Treas. Reg. section 1.401(a)(9)–6, and make such
                                                                       18               corresponding changes to the regulations and related
                                                                       19               forms as are necessary, to provide that an annuity
                                                                       20               contract is not treated as a contract described in
                                                                       21               such Q&A–17(a)(7) to the extent that the con-
                                                                       22               tract—
                                                                       23                                  (A) either—




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                                                                         1                                         (i) is a variable contract under section
                                                                         2                                 817(d) of the Internal Revenue Code of
                                                                         3                                 1986; or
                                                                         4                                         (ii) is an indexed contract;
                                                                         5                                 (B) provides for the possibility of annuity
                                                                         6                        payment increases (but not decreases) based on
                                                                         7                        the investment return and market value of 1 or
                                                                         8                        more segregated asset accounts (in the case of
                                                                         9                        a variable contract) or based on the perform-
                                                                       10                         ance of 1 or more specified indexes (in the case
                                                                       11                         of an indexed contract);
                                                                       12                                  (C) provides for a guaranteed minimum
                                                                       13                         level of annuity payments irrespective of such
                                                                       14                         investment return, market value, or perform-
                                                                       15                         ance; and
                                                                       16                                  (D) in the event of death before the annu-
                                                                       17                         ity starting date, provides that any death ben-
                                                                       18                         efit that is payable in a lump sum is equal to
                                                                       19                         the premiums paid, without reduction for in-
                                                                       20                         vestment return, market value, index perform-
                                                                       21                         ance, surrender charges, market value adjust-
                                                                       22                         ments, or any other amounts.
                                                                       23               For purposes of the preceding sentence, a downward




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                                                                       24               adjustment to the dollar amount of annuity pay-
                                                                       25               ments shall not be treated as an impermissible re-


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                                                                         1              duction in such payments, provided that the adjust-
                                                                         2              ment is made to reflect a change in annuitant that
                                                                         3              is required or permitted under the Internal Revenue
                                                                         4              Code of 1986 or regulations and the adjustment is
                                                                         5              based on reasonable actuarial assumptions.
                                                                         6              (b) EFFECTIVE DATES, ENFORCEMENT, AND INTER-
                                                                         7     PRETATIONS.—

                                                                         8                        (1) EFFECTIVE DATES.—
                                                                         9                                 (A) Paragraphs (1), (2), and (5) of sub-
                                                                       10                         section (a) shall be effective with respect to con-
                                                                       11                         tracts purchased or received in an exchange on
                                                                       12                         or after the date of the enactment of this Act.
                                                                       13                                  (B) Paragraphs (3) and (4) of subsection
                                                                       14                         (a) shall be effective with respect to contracts
                                                                       15                         purchased or received in an exchange on or
                                                                       16                         after July 2, 2014.
                                                                       17                         (2) ENFORCEMENT AND INTERPRETATIONS.—
                                                                       18               Prior to the date on which the Secretary of the
                                                                       19               Treasury issues final regulations pursuant to sub-
                                                                       20               section (a)—
                                                                       21                                  (A) the Secretary (or delegate) shall ad-
                                                                       22                         minister and enforce the law in accordance with
                                                                       23                         subsection (a) and the effective dates in para-




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                                                                       24                         graph (1) of this subsection; and




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                                                                         1                                 (B) taxpayers may rely upon their reason-
                                                                         2                        able good faith interpretations of subsection (a).
                                                                         3     SEC. 202. REMOVE REQUIRED MINIMUM DISTRIBUTION

                                                                         4                             BARRIERS FOR LIFE ANNUITIES.

                                                                         5              (a) IN GENERAL.—Paragraph (9) of section 401(a),
                                                                         6 as amended by this Act, is further amended by adding
                                                                         7 at the end the following new subparagraph:
                                                                         8                                 ‘‘(K) CERTAIN INCREASES IN PAYMENTS
                                                                         9                        UNDER A COMMERCIAL ANNUITY.—Nothing                                     in
                                                                       10                         this section shall prohibit a commercial annuity
                                                                       11                         (within the meaning of section 3405(e)(6))
                                                                       12                         which is issued in connection with any eligible
                                                                       13                         retirement plan (within the meaning of section
                                                                       14                         402(c)(8)(B)) from providing 1 or more of the
                                                                       15                         following types of payments on or after the an-
                                                                       16                         nuity starting date:
                                                                       17                                          ‘‘(i) Annuity payments which increase
                                                                       18                                  by a constant percentage, applied not less
                                                                       19                                  frequently than annually, at a rate which
                                                                       20                                  is less than 5 percent per year.
                                                                       21                                          ‘‘(ii) A lump sum payment which—
                                                                       22                                                   ‘‘(I) results in a shortening of the
                                                                       23                                          payment period with respect to an an-




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                                                                       24                                          nuity or a full or partial commutation
                                                                       25                                          of the future annuity payments, pro-


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                                                                         1                                         vided that such lump sum is deter-
                                                                         2                                         mined           using          reasonable              actuarial
                                                                         3                                         methods and assumptions, as deter-
                                                                         4                                         mined in good faith by the issuer of
                                                                         5                                         the contract, or
                                                                         6                                                  ‘‘(II) accelerates the receipt of
                                                                         7                                         annuity payments which are scheduled
                                                                         8                                         to be received within the ensuing 12
                                                                         9                                         months, regardless of whether such
                                                                       10                                          acceleration shortens the payment pe-
                                                                       11                                          riod with respect to the annuity, re-
                                                                       12                                          duces the dollar amount of benefits to
                                                                       13                                          be paid under the contract, or results
                                                                       14                                          in a suspension of annuity payments
                                                                       15                                          during the period being accelerated.
                                                                       16                                          ‘‘(iii) An amount which is in the na-
                                                                       17                                  ture of a dividend or similar distribution,
                                                                       18                                  provided that the issuer of the contract de-
                                                                       19                                  termines such amount based on a reason-
                                                                       20                                  able comparison of the actuarial factors as-
                                                                       21                                  sumed when calculating the initial annuity
                                                                       22                                  payments and the issuer’s experience with
                                                                       23                                  respect to those factors.




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                                                                       24                                          ‘‘(iv) A final payment upon death
                                                                       25                                  which does not exceed the excess of—


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                                                                         1                                                  ‘‘(I) the total amount of the con-
                                                                         2                                         sideration paid for the annuity pay-
                                                                         3                                         ments, over
                                                                         4                                                  ‘‘(II) the aggregate amount of
                                                                         5                                         prior distributions or payments from
                                                                         6                                         or under the contract.’’.
                                                                         7              (b) REGULATIONS AND ENFORCEMENT.—
                                                                         8                        (1) REGULATIONS.—Not later than the date
                                                                         9              which is 1 year after the date of the enactment of
                                                                       10               this Act, the Secretary of the Treasury (or the Sec-
                                                                       11               retary’s delegate) shall amend the regulation issued
                                                                       12               by the Department of the Treasury relating to ‘‘Re-
                                                                       13               quired Distributions from Retirement Plans’’ (69
                                                                       14               Fed. Reg. 33288 (June 15, 2004)), and make any
                                                                       15               necessary corresponding amendments to other regu-
                                                                       16               lations, in order to—
                                                                       17                                  (A) conform such regulations to the
                                                                       18                         amendments made by subsection (a), including
                                                                       19                         by eliminating the types of payments described
                                                                       20                         in section 401(a)(9)(K) of the Internal Revenue
                                                                       21                         Code of 1986, as added by subsection (a), from
                                                                       22                         the scope of the requirement in Q&A–14(c) of
                                                                       23                         Treas. Reg. section 1.401(a)(9)–6 that the total




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                                                                       24                         future expected payments must exceed the total
                                                                       25                         value being annuitized;


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                                                                         1                                 (B) amend Q&A–14(c) of such section
                                                                         2                        1.401(a)(9)–6 to provide that a commercial an-
                                                                         3                        nuity which provides an initial payment which
                                                                         4                        is at least equal to the initial payment which
                                                                         5                        would be required from an individual account
                                                                         6                        pursuant to Treas. Reg. section 1.401(a)(9)–5
                                                                         7                        will be deemed to satisfy the requirement in
                                                                         8                        Q&A–14(c) of such section 1.401(a)(9)–6 that
                                                                         9                        the total future expected payments must exceed
                                                                       10                         the total value being annuitized; and
                                                                       11                                  (C) amend Q&A–14(e)(3) of Treas. Reg.
                                                                       12                         section 1.401(a)(9)–6 to provide that the total
                                                                       13                         future expected payments under a commercial
                                                                       14                         annuity are determined using the tables or
                                                                       15                         other actuarial assumptions which the issuer of
                                                                       16                         the contract actually uses in pricing the pre-
                                                                       17                         miums and benefits with respect to the con-
                                                                       18                         tract, provided that such tables or other actu-
                                                                       19                         arial assumptions are reasonable.
                                                                       20                         (2) EFFECTIVE DATE.—The modifications and
                                                                       21               amendments required under paragraph (1) shall be
                                                                       22               deemed to have been made as of the date of the en-
                                                                       23               actment of this Act, and as of such date the Sec-




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                                                                       24               retary of the Treasury (or the Secretary’s delegate)
                                                                       25               shall administer and enforce the law with respect to


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                                                                         1              plan years beginning before, on, or after the date of
                                                                         2              the enactment of this Act in accordance with the
                                                                         3              amendments made by subsection (a) and as though
                                                                         4              the actions which the Secretary is required to take
                                                                         5              under paragraph (1) had been taken.
                                                                         6     SEC.         203.       ELIMINATING                    A       PENALTY             ON      PARTIAL

                                                                         7                             ANNUITIZATION.

                                                                         8              (a)        ELIMINATING                    A       PENALTY                 ON      PARTIAL
                                                                         9 ANNUITIZATION.—The Secretary of the Treasury (or the
                                                                       10 Secretary’s delegate) shall amend the regulations under
                                                                       11 section 401(a)(9) of the Internal Revenue Code of 1986
                                                                       12 to provide that if an employee’s benefit is in the form of
                                                                       13 an individual account under a defined contribution plan,
                                                                       14 the plan may allow the employee to elect to have the
                                                                       15 amount required to be distributed from such account
                                                                       16 under such section for a year to be calculated as the excess
                                                                       17 of the total required amount for such year over the annu-
                                                                       18 ity amount for such year.
                                                                       19               (b) DEFINITIONS.—For purposes of this section—
                                                                       20                         (1) TOTAL                REQUIRED               AMOUNT.—The                term
                                                                       21               ‘‘total required amount’’, with respect to a year,
                                                                       22               means the amount which would be required to be
                                                                       23               distributed under Treas. Reg. section 1.401(a)(9)–5




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                                                                       24               for the year, determined by treating the account bal-
                                                                       25               ance as of the last valuation date in the immediately


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                                                                         1              preceding calendar year as including the value on
                                                                         2              that date of all annuity contracts which were pur-
                                                                         3              chased with a portion of the account and from which
                                                                         4              payments are made in accordance with Treas. Reg.
                                                                         5              section 1.401(a)(9)–6.
                                                                         6                        (2) ANNUITY                 AMOUNT.—The                     term ‘‘annuity
                                                                         7              amount’’, with respect to a year, is the total amount
                                                                         8              distributed in the year from all annuity contracts de-
                                                                         9              scribed in paragraph (1).
                                                                       10               (c) CONFORMING REGULATORY AMENDMENTS.—The
                                                                       11 Secretary of the Treasury (or the Secretary’s delegate)
                                                                       12 shall amend the regulations under sections 403(b)(10),
                                                                       13 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Rev-
                                                                       14 enue Code of 1986 to conform to the amendments de-
                                                                       15 scribed in subsection (a). Such conforming amendments
                                                                       16 shall treat all individual retirement plans (as defined in
                                                                       17 section 7701(a)(37) of such Code) which an individual
                                                                       18 holds as the owner, or which an individual holds as a bene-
                                                                       19 ficiary of the same decedent, as one such plan for purposes
                                                                       20 of the amendments described in subsection (a). Such con-
                                                                       21 forming amendments shall also treat all contracts de-
                                                                       22 scribed in section 403(b) of such Code which an individual
                                                                       23 holds as an employee, or which an individual holds as a




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                                                                       24 beneficiary of the same decedent, as one such contract for
                                                                       25 such purposes.


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                                                                         1              (d) EFFECTIVE DATE.—The modifications and
                                                                         2 amendments required under subsections (a) and (c) shall
                                                                         3 be deemed to have been made as of the date of the enact-
                                                                         4 ment of this Act, and as of such date all applicable laws
                                                                         5 shall be applied in all respects as though the actions which
                                                                         6 the Secretary of the Treasury (or the Secretary’s delegate)
                                                                         7 is required to take under such subsections had been taken.
                                                                         8     SEC.         204.      INSURANCE-DEDICATED                              EXCHANGE-TRADED

                                                                         9                             FUNDS.

                                                                       10               (a) IN GENERAL.—Not later than the date which is
                                                                       11 1 year after the date of the enactment of this Act, the
                                                                       12 Secretary of the Treasury (or the Secretary’s delegate)
                                                                       13 shall amend the regulation issued by the Department of
                                                                       14 the Treasury relating to ‘‘Income Tax; Diversification Re-
                                                                       15 quirements for Variable Annuity, Endowment, and Life
                                                                       16 Insurance Contracts’’, 54 Fed. Reg. 8728 (March 2,
                                                                       17 1989), and make any necessary corresponding amend-
                                                                       18 ments to other regulations, in order to facilitate the use
                                                                       19 of exchange-traded funds as investment options under
                                                                       20 variable contracts within the meaning of section 817(d)
                                                                       21 of the Internal Revenue Code of 1986, in accordance with
                                                                       22 subsections (b) and (c) of this section.
                                                                       23               (b) DESIGNATE CERTAIN AUTHORIZED PARTICI-




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                                                                       24      PANTS AND MARKET MAKERS AS ELIGIBLE INVESTORS.—

                                                                       25 The Secretary of the Treasury (or the Secretary’s dele-


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                                                                         1 gate) shall amend Treas. Reg. section 1.817–5(f)(3) to
                                                                         2 provide that satisfaction of the requirements in Treas.
                                                                         3 Reg. section 1.817–5(f)(2)(i) with respect to an exchange-
                                                                         4 traded fund shall not be prevented by reason of beneficial
                                                                         5 interests in such a fund being held by 1 or more author-
                                                                         6 ized participants or market makers.
                                                                         7              (c) CONFIRM THAT SIMILARITIES TO OTHER FUNDS
                                                                         8 ARE IRRELEVANT.—The Secretary of the Treasury (or
                                                                         9 the Secretary’s delegate) shall amend Treas. Reg. section
                                                                       10 1.817–5(f) to confirm that, for Federal income tax pur-
                                                                       11 poses, a regulated investment company, partnership, or
                                                                       12 trust (including an exchange-traded fund) that satisfies
                                                                       13 the requirements of Treas. Reg. section 1.817–5(f) (2)
                                                                       14 and (3) shall not be treated as owned by the holder of
                                                                       15 a variable contract pursuant to the principles of Rev. Rul.
                                                                       16 81–225, 1981–2 C.B. 12, merely because another regu-
                                                                       17 lated investment company, partnership, trust, or similar
                                                                       18 investment vehicle follows the same investment strategy,
                                                                       19 has the same investment manager, or holds the same in-
                                                                       20 vestments.
                                                                       21               (d) DEFINE RELEVANT TERMS.—In amending
                                                                       22 Treas. Reg. section 1.817–5(f)(3) in accordance with sub-
                                                                       23 sections (b) and (c) of this section, the Secretary of the




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                                                                       24 Treasury (or the Secretary’s delegate) shall provide defini-
                                                                       25 tions consistent with the following:


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                                                                         1                        (1) EXCHANGE-TRADED FUND.—The term ‘‘ex-
                                                                         2              change-traded fund’’ means a regulated investment
                                                                         3              company, partnership, or trust—
                                                                         4                                 (A) that is registered with the Securities
                                                                         5                        and Exchange Commission as an open-end in-
                                                                         6                        vestment company or a unit investment trust;
                                                                         7                                 (B) the shares of which can be purchased
                                                                         8                        or redeemed directly from the fund only by an
                                                                         9                        authorized participant; and
                                                                       10                                  (C) the shares of which are traded
                                                                       11                         throughout the day on a national stock ex-
                                                                       12                         change at market prices that may or may not
                                                                       13                         be the same as the net asset value of the
                                                                       14                         shares.
                                                                       15                         (2)       AUTHORIZED                  PARTICIPANT.—The                  term
                                                                       16               ‘‘authorized participant’’ means a financial institu-
                                                                       17               tion that is a member or participant of a clearing
                                                                       18               agency registered under section 17A(b) of the Secu-
                                                                       19               rities Exchange Act of 1934 that enters into a con-
                                                                       20               tractual relationship with an exchange-traded fund
                                                                       21               pursuant to which the financial institution is per-
                                                                       22               mitted to purchase and redeem shares directly from
                                                                       23               the fund and to sell such shares to third parties, but




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                                                                       24               only if the contractual arrangement or applicable law
                                                                       25               precludes the financial institution from—


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                                                                         1                                 (A) purchasing the shares for its own in-
                                                                         2                        vestment purposes rather than for the exclusive
                                                                         3                        purpose of creating and redeeming such shares
                                                                         4                        on behalf of third parties; and
                                                                         5                                 (B) selling the shares to third parties who
                                                                         6                        are not market makers or otherwise described
                                                                         7                        in Treas. Reg. section 1.817–5(f) (1) and (3).
                                                                         8                        (3)       MARKET                MAKER.—The                  term        ‘‘market
                                                                         9              maker’’ means a financial institution that is a reg-
                                                                       10               istered broker or dealer under section 15(b) of the
                                                                       11               Securities Exchange Act of 1934 that maintains li-
                                                                       12               quidity for an exchange-traded fund on a national
                                                                       13               stock exchange by being always ready to buy and sell
                                                                       14               shares of such fund on the market, but only if the
                                                                       15               financial institution is contractually or legally pre-
                                                                       16               cluded from selling or buying such shares to or from
                                                                       17               persons who are not authorized participants or oth-
                                                                       18               erwise described in Treas. Reg. section 1.817–5(f)
                                                                       19               (2) and (3).
                                                                       20               (e) EFFECTIVE DATES, ENFORCEMENT, AND INTER-
                                                                       21      PRETATIONS.—

                                                                       22                         (1) EFFECTIVE DATES.—
                                                                       23                                  (A) Subsection (b), and the definitions




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                                                                       24                         under subsection (d), shall apply to segregated




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                                                                         1                        asset account investments made on or after the
                                                                         2                        date of enactment of this Act.
                                                                         3                                 (B) Subsection (c) shall apply to taxable
                                                                         4                        years beginning after December 31, 1983.
                                                                         5                        (2) ENFORCEMENT AND INTERPRETATIONS.—
                                                                         6              Prior to the date that the Secretary of the Treasury
                                                                         7              (or the Secretary’s delegate) issues final regulations
                                                                         8              pursuant to this section—
                                                                         9                                 (A) the Secretary (or delegate) shall ad-
                                                                       10                         minister and enforce the law in accordance with
                                                                       11                         this section and the effective dates in paragraph
                                                                       12                         (1) of this subsection; and
                                                                       13                                  (B) taxpayers may rely upon their reason-
                                                                       14                         able good faith interpretations of the preceding
                                                                       15                         subsections of this section.
                                                                       16 TITLE III—SIMPLIFICATION AND
                                                                       17    CLARIFICATION OF RETIRE-
                                                                       18    MENT PLAN RULES
                                                                       19      SEC. 301. REVIEW AND REPORT TO THE CONGRESS RELAT-

                                                                       20                              ING TO REPORTING AND DISCLOSURE RE-

                                                                       21                              QUIREMENTS.

                                                                       22               (a) STUDY.—As soon as practicable after the date of
                                                                       23 the enactment of this Act, the Secretary of Labor, the Sec-




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                                                                       24 retary of the Treasury, and the Director of the Pension




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                                                                         1 Benefit Guaranty Corporation (or their delegates) shall re-
                                                                         2 view the reporting and disclosure requirements of—
                                                                         3                        (1) title I of the Employee Retirement Income
                                                                         4              Security Act of 1974 applicable to pension plans (as
                                                                         5              defined in section 3(2) of such Act); and
                                                                         6                        (2) the Internal Revenue Code of 1986 applica-
                                                                         7              ble to qualified retirement plans (as defined in sec-
                                                                         8              tion 4974(c) of such Code, without regard to para-
                                                                         9              graphs (4) and (5) thereof).
                                                                       10               (b) REPORT.—Not later than 18 months after the
                                                                       11 date of the enactment of this Act, the Secretary of Labor,
                                                                       12 the Secretary of the Treasury, and the Director of the
                                                                       13 Pension Benefit Guaranty Corporation (or their dele-
                                                                       14 gates), jointly, and after consultation with a balanced
                                                                       15 group of participant and employer representatives, shall
                                                                       16 with respect to plans referenced in subsection (a) report
                                                                       17 on the effectiveness of the applicable reporting and disclo-
                                                                       18 sure requirements and make such recommendations as
                                                                       19 may be appropriate to the appropriate committees of the
                                                                       20 Congress to consolidate, simplify, standardize, and im-
                                                                       21 prove such requirements so as to simplify reporting for
                                                                       22 such plans and ensure that plans can simply furnish and
                                                                       23 participants and beneficiaries timely receive and better un-




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                                                                       24 derstand the information they need to monitor their plans,
                                                                       25 plan for retirement, and obtain the benefits they have


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                                                                         1 earned. Such report shall assess the extent to which retire-
                                                                         2 ment plans are retaining disclosures, work records, and
                                                                         3 plan documents that are needed to ensure accurate cal-
                                                                         4 culation of future benefits. To assess the effectiveness of
                                                                         5 the applicable reporting and disclosure requirements, the
                                                                         6 report shall include an analysis, based on plan data, of
                                                                         7 how participants and beneficiaries are providing preferred
                                                                         8 contact information, the methods by which plan sponsors
                                                                         9 and plans are furnishing disclosures, and the rate at which
                                                                       10 participants and beneficiaries (grouped by key demo-
                                                                       11 graphics) are receiving, accessing, and retaining disclo-
                                                                       12 sures. The agencies shall conduct appropriate surveys and
                                                                       13 data collection to obtain any needed information.
                                                                       14      SEC. 302. CONSOLIDATION OF DEFINED CONTRIBUTION

                                                                       15                              PLAN NOTICES.

                                                                       16               Not later than 18 months after the date of the enact-
                                                                       17 ment of this Act, the Secretary of Labor and the Secretary
                                                                       18 of the Treasury (or such Secretaries’ delegates) shall
                                                                       19 adopt regulations providing that a plan may, but is not
                                                                       20 required to, consolidate 2 or more of the notices required
                                                                       21 under sections 404(c)(5)(B) and 514(e)(3) of the Em-
                                                                       22 ployee Retirement Income Security Act of 1974 (29
                                                                       23 U.S.C. 1104(c)(5)(B) and 29 U.S.C. 1144(e)(3)) and sec-




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                                                                       24 tions 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4) of the
                                                                       25 Internal Revenue Code of 1986 into a single notice so long


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                                                                         1 as the combined notice includes the required content,
                                                                         2 clearly identifies the issues addressed therein, is provided
                                                                         3 at the time and with the frequency required for each such
                                                                         4 notice, and is presented in a manner that is understand-
                                                                         5 able and does not obscure or fail to highlight important
                                                                         6 points for participants and beneficiaries.
                                                                         7     SEC. 303. PERFORMANCE BENCHMARKS FOR ASSET ALLO-

                                                                         8                             CATION FUNDS.

                                                                         9              (a) IN GENERAL.—Not later than 6 months after the
                                                                       10 date of the enactment of this Act, the Secretary of Labor
                                                                       11 (or the Secretary’s delegate) shall modify the regulations
                                                                       12 under section 404 of the Employee Retirement Income Se-
                                                                       13 curity Act of 1974 (29 U.S.C. 1104) to provide that, in
                                                                       14 the case of a designated investment alternative which con-
                                                                       15 tains a mix of asset classes, a plan administrator may,
                                                                       16 but is not required to, use a benchmark which is a blend
                                                                       17 of different broad-based securities market indices if—
                                                                       18                         (1) the blend is reasonably representative of the
                                                                       19               asset class holdings of the designated investment al-
                                                                       20               ternative;
                                                                       21                         (2) for purposes of determining the blend’s re-
                                                                       22               turns for 1-, 5-, and 10-calendar-year periods (or for
                                                                       23               the life of the alternative, if shorter), the blend is




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                                                                       24               modified at least once per year to reflect changes in




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                                                                                                                              77
                                                                         1              the asset class holdings of the designated investment
                                                                         2              alternative;
                                                                         3                        (3) the blend is presented to participants and
                                                                         4              beneficiaries in a manner that is reasonably designed
                                                                         5              to be understandable and helpful; and
                                                                         6                        (4) each securities market index which is used
                                                                         7              for an associated asset class would separately satisfy
                                                                         8              the requirements of such regulations for such asset
                                                                         9              class.
                                                                       10               (b) STUDY.—Not later than December 31, 2022, the
                                                                       11 Secretary of Labor (or the Secretary’s delegate) shall de-
                                                                       12 liver a report to the Committees on Ways and Means and
                                                                       13 Education and Labor of the House of Representatives and
                                                                       14 the Committees on Finance and Health, Education,
                                                                       15 Labor, and Pensions of the Senate regarding the effective-
                                                                       16 ness of the benchmarking requirements under section
                                                                       17 2550.404a–5 of title 29, Code of Federal Regulations.
                                                                       18      SEC. 304. PERMIT NONSPOUSAL BENEFICIARIES TO ROLL

                                                                       19                              ASSETS TO PLANS.

                                                                       20               (a) IN GENERAL.—Section 402(c) is amended by
                                                                       21 adding at the end the following new paragraph:
                                                                       22                         ‘‘(12) DISTRIBUTIONS TO QUALIFIED PLAN OF
                                                                       23               NONSPOUSE BENEFICIARY.—If, with respect to any




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                                                                       24               portion of a distribution from an eligible retirement
                                                                       25               plan described in clause (iii), (iv), (v), or (vi) of


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                                                                                                                              78
                                                                         1              paragraph (8)(B) of a deceased employee, a direct
                                                                         2              trustee-to-trustee transfer is made to another such
                                                                         3              plan of an individual who is a designated beneficiary
                                                                         4              (as defined by section 401(a)(9)(E)) of the employee
                                                                         5              and who is not the surviving spouse of the em-
                                                                         6              ployee—
                                                                         7                                 ‘‘(A) the transfer shall be treated as an eli-
                                                                         8                        gible rollover distribution, and
                                                                         9                                 ‘‘(B) section 401(a)(9)(B) (other than
                                                                       10                         clause (iv) thereof) shall apply to such plan.’’.
                                                                       11               (b) CONFORMING AMENDMENTS.—–
                                                                       12                         (1) 403(a) PLANS.—Subparagraph (B) of sec-
                                                                       13               tion 403(a)(4) is amended by striking ‘‘and (11) and
                                                                       14               (9)’’ and inserting ‘‘, (9), (11), and (12)’’.
                                                                       15                         (2) 403(b) PLANS.—Subparagraph (B) of sec-
                                                                       16               tion 403(b)(8) is amended by striking ‘‘and (11)’’
                                                                       17               and inserting ‘‘(11), and (12)’’.
                                                                       18                         (3) 457 PLANS.—Subparagraph (B) of section
                                                                       19               457(e)(16) is amended by striking ‘‘and (11)’’ and
                                                                       20               inserting ‘‘(11), and (12)’’.
                                                                       21               (c) EFFECTIVE DATE.—The amendments made by
                                                                       22 this section shall apply to distributions made after the
                                                                       23 date of the enactment of this Act.




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                                                                         1     SEC. 305. DEFERRAL AGREEMENTS.

                                                                         2              (a) IN GENERAL.—Paragraph (4) of section 457(b)
                                                                         3 of the Internal Revenue Code of 1986 is amended by in-
                                                                         4 serting ‘‘, or, in the case of a plan of an eligible employer
                                                                         5 described in subsection (e)(1)(A), before the date on which
                                                                         6 the compensation is (but for the deferral) available’’ before
                                                                         7 the comma at the end.
                                                                         8              (b) EFFECTIVE DATE.—The amendment made by
                                                                         9 this section shall apply to years beginning after December
                                                                       10 31, 2021.
                                                                       11      SEC. 306. SIMPLIFYING 402(f) NOTICES.

                                                                       12               Not later than December 31, 2022, the Secretary of
                                                                       13 the Treasury (or the Secretary’s delegate), in consultation
                                                                       14 with the Secretary of Labor and the Director of the Pen-
                                                                       15 sion Benefit Guaranty Corporation (or their delegates),
                                                                       16 shall simplify the model notices issued under section
                                                                       17 402(f) of the Internal Revenue Code of 1986 so as to fa-
                                                                       18 cilitate better understanding by recipients of different dis-
                                                                       19 tribution options and corresponding tax consequences.
                                                                       20 Such model notices shall include an explanation of the ef-
                                                                       21 fect of elections on spousal rights.
                                                                       22      SEC. 307. PERMIT PLANS TO USE BASE PAY OR RATE OF

                                                                       23                              PAY CALCULATION.

                                                                       24               (a) IN GENERAL.—Not later than December 31,




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                                                                       25 2022, the Secretary of the Treasury (or the Secretary’s
                                                                       26 delegate) shall modify Treasury Regulation section
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                                                                                                                              80
                                                                         1 1.414(s)–1(d)(3) to facilitate the use of the safe harbors
                                                                         2 in            sections             401(k)(12),                401(k)(13),                 401(k)(16),
                                                                         3 401(m)(11), 401(m)(12), and 401(m)(13) of the Internal
                                                                         4 Revenue Code of 1986, and in Treasury Regulation sec-
                                                                         5 tion 1.401(a)(4)–3(b), by plans which use base pay or rate
                                                                         6 of pay in determining contributions or benefits. Such fa-
                                                                         7 cilitation shall include increased flexibility in meeting the
                                                                         8 definition in section 414(s) of such Code in situations
                                                                         9 where the amount of overtime compensation payable in a
                                                                       10 year can vary significantly.
                                                                       11               (b) EXCEPTION.—The Secretary of the Treasury (or
                                                                       12 the Secretary’s delegate) may make any modification
                                                                       13 under subsection (a) inapplicable to plans with respect to
                                                                       14 which, on a consistent basis, overtime is a major compo-
                                                                       15 nent of a substantial portion of the employees eligible to
                                                                       16 participate in the plan who are not highly compensated
                                                                       17 employees (as defined in section 414(q) of the Internal
                                                                       18 Revenue Code of 1986).
                                                                       19      SEC. 308. ROTH SIMPLE IRAS.

                                                                       20               (a) IN GENERAL.—Section 408A(f) is amended—
                                                                       21                         (1) by striking ‘‘or a simple retirement ac-
                                                                       22               count’’ in paragraph (1); and
                                                                       23                         (2) by striking ‘‘or account’’ in paragraph (2).




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                                                                                                                              81
                                                                         1              (b)                CONFORMING                         AMENDMENTS.—Section
                                                                         2 408A(c)(2) is amended by adding at the end the following
                                                                         3 flush sentence:
                                                                         4              ‘‘In applying this paragraph to an individual on
                                                                         5              whose behalf elective employer contributions are
                                                                         6              made to a simple retirement account, the amount
                                                                         7              described in subparagraph (A) shall be increased by
                                                                         8              the amount of elective employer contributions made
                                                                         9              on behalf of the individual to such account, except
                                                                       10               to the extent that such contributions exceed the ap-
                                                                       11               plicable dollar amount (as defined in subsection
                                                                       12               (p)(2)(E)) or cause the elective deferrals (as defined
                                                                       13               in section 402(g)(3)) on behalf of such individual to
                                                                       14               exceed the limitation under section 402(g)(1) (tak-
                                                                       15               ing into account subparagraph (C) thereof).’’.
                                                                       16               (c) EFFECTIVE DATE.—The amendments made by
                                                                       17 this section shall apply to taxable years beginning after
                                                                       18 December 31, 2021.
                                                                       19      SEC. 309. REDUCTION IN EXCISE TAX ON CERTAIN ACCU-

                                                                       20                              MULATIONS                  IN     QUALIFIED                 RETIREMENT

                                                                       21                              PLANS.

                                                                       22               (a) IN GENERAL.—Subsection (a) of section 4974 is
                                                                       23 amended by striking ‘‘50 percent’’ and inserting ‘‘25 per-




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                                                                       24 cent’’.




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                                                                         1              (b) EFFECTIVE DATE.—The amendment made by
                                                                         2 this section shall apply to taxable years beginning after
                                                                         3 December 31, 2021.
                                                                         4     SEC. 310. CLARIFICATION OF CATCH-UP CONTRIBUTIONS

                                                                         5                             WITH RESPECT TO SEPARATE LINES OF BUSI-

                                                                         6                             NESS.

                                                                         7              (a) IN GENERAL.—Subparagraph (B) of section
                                                                         8 414(v)(4) is amended—
                                                                         9                        (1) by striking ‘‘except that a plan’’ and insert-
                                                                       10               ing ‘‘except that—
                                                                       11                                          ‘‘(i) a plan’’;
                                                                       12                         (2) by striking the period at the end and insert-
                                                                       13               ing ‘‘, and’’; and
                                                                       14                         (3) by adding at the end the following new
                                                                       15               clause:
                                                                       16                                          ‘‘(ii) for any year in which an em-
                                                                       17                                  ployer complies with section 410(b) on the
                                                                       18                                  basis of separate lines of business pursuant
                                                                       19                                  to section 410(b)(5), the employer may
                                                                       20                                  apply subparagraph (A) for such year sep-
                                                                       21                                  arately with respect to employees in each
                                                                       22                                  separate line of business.’’.
                                                                       23               (b) EFFECTIVE DATE.—The amendments made by




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                                                                       24 this section shall apply to taxable years beginning after
                                                                       25 December 31, 2021.


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                                                                         1     SEC. 311. CLARIFICATION OF SUBSTANTIALLY EQUAL PERI-

                                                                         2                             ODIC PAYMENT RULE.

                                                                         3              (a) IN GENERAL.—Paragraph (4) of section 72(t) is
                                                                         4 amended by inserting at the end the following new sub-
                                                                         5 paragraph:
                                                                         6                                 ‘‘(C)         ROLLOVERS                     TO          SUBSEQUENT

                                                                         7                        PLAN.—If—

                                                                         8                                         ‘‘(i) payments described in paragraph
                                                                         9                                 (2)(A)(iv) are being made from a qualified
                                                                       10                                  retirement plan,
                                                                       11                                          ‘‘(ii) a transfer or a rollover from such
                                                                       12                                  qualified retirement plan of all or a portion
                                                                       13                                  of the taxpayer’s benefit under the plan is
                                                                       14                                  made to another qualified retirement plan,
                                                                       15                                  and
                                                                       16                                          ‘‘(iii) distributions from the transferor
                                                                       17                                  and transferee plans would in combination
                                                                       18                                  continue to satisfy the requirements of
                                                                       19                                  paragraph (2)(A)(iv) if they had been
                                                                       20                                  made only from the transferor plan,
                                                                       21                         such transfer or rollover shall not be treated as
                                                                       22                         a modification under subparagraph (A)(ii), and
                                                                       23                         compliance with paragraph (2)(A)(iv) shall be
                                                                       24                         determined on the basis of the combined dis-




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                                                                       25                         tributions described in clause (iii).’’.


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                                                                         1              (b) NONQUALIFIED ANNUITY CONTRACTS.—Para-
                                                                         2 graph (3) of section 72(q) is amended—
                                                                         3                        (1) by redesignating clauses (i) and (ii) of sub-
                                                                         4              paragraph (B) as subclauses (I) and (II), and by
                                                                         5              moving such subclauses 2 ems to the right;
                                                                         6                        (2) by redesignating subparagraphs (A) and
                                                                         7              (B) as clauses (i) and (ii), by moving such clauses
                                                                         8              2 ems to the right, and by adjusting the flush lan-
                                                                         9              guage at the end accordingly;
                                                                       10                         (3) by striking ‘‘PAYMENTS.—If’’ and inserting
                                                                       11               ‘‘PAYMENTS.—
                                                                       12                                  ‘‘(A) IN GENERAL.—If—’’; and
                                                                       13                         (4) by adding at the end the following new sub-
                                                                       14               paragraph:
                                                                       15                                  ‘‘(B) EXCHANGES TO SUBSEQUENT CON-
                                                                       16                         TRACTS.—If—

                                                                       17                                          ‘‘(i) payments described in paragraph
                                                                       18                                  (2)(D) are being made from an annuity
                                                                       19                                  contract,
                                                                       20                                          ‘‘(ii) an exchange of all or a portion of
                                                                       21                                  such contract for another contract is made
                                                                       22                                  under section 1035, and
                                                                       23                                          ‘‘(iii) the aggregate distributions from




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                                                                       24                                  the contracts involved in the exchange con-
                                                                       25                                  tinue to satisfy the requirements of para-


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                                                                         1                                 graph (2)(D) as if the exchange had not
                                                                         2                                 taken place,
                                                                         3                        such exchange shall not be treated as a modi-
                                                                         4                        fication under subparagraph (A)(ii), and com-
                                                                         5                        pliance with paragraph (2)(D) shall be deter-
                                                                         6                        mined on the basis of the combined distribu-
                                                                         7                        tions described in clause (iii).’’.
                                                                         8              (c) INFORMATION REPORTING.—Section 6724 is
                                                                         9 amended by inserting at the end the following new sub-
                                                                       10 section:
                                                                       11               ‘‘(g) SPECIAL RULE FOR REPORTING CERTAIN ADDI-
                                                                       12      TIONAL TAXES.—No penalty shall be imposed under sec-

                                                                       13 tion 6721 or 6722 if—
                                                                       14                         ‘‘(1) a person makes a return or report under
                                                                       15               section 6047(d) or 408(i) with respect to any dis-
                                                                       16               tribution,
                                                                       17                         ‘‘(2) such distribution is made following a roll-
                                                                       18               over, transfer, or exchange described in section
                                                                       19               72(t)(4)(C) or section 72(q)(3)(C),
                                                                       20                         ‘‘(3) in making such return or report the person
                                                                       21               relies upon a certification provided by the taxpayer
                                                                       22               that the distributions satisfy the requirements of
                                                                       23               section 72(t)(4)(C)(iii) or section 72(q)(3)(B)(iii), as




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                                                                       24               applicable, and




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                                                                         1                        ‘‘(4) such person does not have actual knowl-
                                                                         2              edge that the distributions do not satisfy such re-
                                                                         3              quirements.’’.
                                                                         4              (d) SAFE HARBOR FOR ANNUITY PAYMENTS.—
                                                                         5                        (1) QUALIFIED RETIREMENT PLANS.—Subpara-
                                                                         6              graph (A) of section 72(t)(2) is amended by adding
                                                                         7              at the end the following flush sentence:
                                                                         8                        ‘‘For purposes of clause (iv), periodic payments
                                                                         9                        shall not fail to be treated as substantially
                                                                       10                         equal merely because they are amounts received
                                                                       11                         as an annuity, and such periodic payments shall
                                                                       12                         be deemed to be substantially equal if they are
                                                                       13                         payable over a period described in clause (iv)
                                                                       14                         and satisfy the requirements applicable to an-
                                                                       15                         nuity payments under section 401(a)(9).’’.
                                                                       16                         (2) OTHER ANNUITY CONTRACTS.—Paragraph
                                                                       17               (2) of section 72(q) is amended by adding at the end
                                                                       18               the following flush sentence:
                                                                       19               ‘‘For purposes of subparagraph (D), periodic pay-
                                                                       20               ments shall not fail to be treated as substantially
                                                                       21               equal merely because they are amounts received as
                                                                       22               an annuity, and such periodic payments shall be
                                                                       23               deemed to be substantially equal if they are payable




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                                                                       24               over a period described in subparagraph (D) and
                                                                       25               would satisfy the requirements applicable to annuity


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                                                                         1              payments under section 401(a)(9) if such require-
                                                                         2              ments applied.’’.
                                                                         3              (e) EFFECTIVE DATES.—
                                                                         4                        (1) IN GENERAL.—The amendments made by
                                                                         5              subsections (a), (b), and (c) shall apply to transfers,
                                                                         6              rollovers, and exchanges occurring on or after the
                                                                         7              date of the enactment of this Act.
                                                                         8                        (2) ANNUITY                     PAYMENTS.—The                      amendment
                                                                         9              made by subsection (d) shall apply to distributions
                                                                       10               commencing on or after the date of the enactment
                                                                       11               of this Act.
                                                                       12                         (3) NO INFERENCE.—Nothing in the amend-
                                                                       13               ments made by this section shall be construed to
                                                                       14               create an inference with respect to the law in effect
                                                                       15               prior to the effective date of such amendments.
                                                                       16      SEC. 312. CLARIFICATION OF TREATMENT OF DISTRIBU-

                                                                       17                              TIONS OF ANNUITY CONTRACTS.

                                                                       18               (a) IN GENERAL.—Clause (i) of section 402(e)(4)(D)
                                                                       19 is amended by inserting after ‘‘section 401(c)(1).’’ at the
                                                                       20 end of the second sentence the following: ‘‘A distribution
                                                                       21 of an annuity contract from a trust or annuity plan re-
                                                                       22 ferred to in the first sentence of this clause may be treated
                                                                       23 as a part of a lump sum distribution.’’.




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                                                                       24               (b) EFFECTIVE DATE.—The amendment made by
                                                                       25 this section shall take effect as if included in section


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                                                                         1 1401(b)(1) of the Small Business Job Protection Act of
                                                                         2 1996.
                                                                         3     SEC. 313. CLARIFICATION REGARDING ELECTIVE DEFER-

                                                                         4                             RALS.

                                                                         5              (a) IN GENERAL.—Not later than 6 months after the
                                                                         6 date of the enactment of this Act, the Secretary of the
                                                                         7 Treasury (or the Secretary’s delegate) shall amend Treas.
                                                                         8 Reg. section 1.415(c)–2(e), and make any necessary con-
                                                                         9 forming amendments to other Treasury Regulations, to
                                                                       10 provide that plans may allow employees who have had a
                                                                       11 severance from employment to make deferrals or contribu-
                                                                       12 tions described in subsection (b) with respect to payments
                                                                       13 of severance or back pay. The Secretary of the Treasury
                                                                       14 (or delegate) may provide for such other conditions on
                                                                       15 such deferrals or contributions as are necessary to carry
                                                                       16 out the purposes of this section.
                                                                       17               (b) DEFERRALS AND CONTRIBUTIONS DESCRIBED.—
                                                                       18 The deferrals or contributions described in this subsection
                                                                       19 are—
                                                                       20                         (1) elective deferrals described in subparagraph
                                                                       21               (A), (B), or (C) of section 402(g)(3) of the Internal
                                                                       22               Revenue Code of 1986 (other than elective deferrals
                                                                       23               under section 401(k)(11) of such Code);




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                                                                                                                              89
                                                                         1                        (2) elective contributions under an eligible de-
                                                                         2              ferred compensation plan described in section 457(b)
                                                                         3              of such Code; and
                                                                         4                        (3) to the extent provided by such Secretary (or
                                                                         5              delegate), elective deferrals described in section
                                                                         6              402(g)(3)(D) or 401(k)(11) of such Code.
                                                                         7              (c) TREATMENT OF DEFERRALS.—Except as other-
                                                                         8 wise determined by the Secretary of the Treasury (or the
                                                                         9 Secretary’s delegate) to be necessary to carry out the pur-
                                                                       10 poses of this section, the rules described in subsection (a)
                                                                       11 shall provide that the contributions or deferrals shall, for
                                                                       12 purposes of section 457 and subchapter D of chapter 1
                                                                       13 of subtitle A of the Internal Revenue Code of 1986, be
                                                                       14 treated as contributions or deferrals made on behalf of ac-
                                                                       15 tive employees, not on behalf of former employees.
                                                                       16      SEC. 314. TAX TREATMENT OF CERTAIN NONTRADE OR

                                                                       17                              BUSINESS SEP CONTRIBUTIONS.

                                                                       18               (a) IN GENERAL.—Subparagraph (B) of section
                                                                       19 4972(c)(6) is amended—
                                                                       20                         (1) by striking ‘‘408(p)) or’’ and inserting
                                                                       21               ‘‘408(p)),’’; and
                                                                       22                         (2) by inserting ‘‘, or a simplified employee pen-
                                                                       23               sion (within the meaning of section 408(k))’’ after




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                                                                       24               ‘‘401(k)(11))’’.




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                                                                         1              (b) EFFECTIVE DATE.—The amendments made by
                                                                         2 this section shall apply to taxable years beginning after
                                                                         3 December 31, 2019.
                                                                         4     SEC. 315. ALLOW CERTAIN PLAN TRANSFERS AND MERG-

                                                                         5                             ERS.

                                                                         6              (a) AMENDMENTS                        TO THE              INTERNAL REVENUE
                                                                         7 CODE OF 1986.—
                                                                         8                        (1) IN GENERAL.—Section 414 is amended by
                                                                         9              adding at the end the following new subsection:
                                                                       10               ‘‘(aa) CERTAIN PLAN TRANSFERS AND MERGERS.—
                                                                       11                         ‘‘(1) IN GENERAL.—Under rules prescribed by
                                                                       12               the Secretary, no amount shall be includible in gross
                                                                       13               income by reason of—
                                                                       14                                  ‘‘(A) a transfer of all or a portion of the
                                                                       15                         account balance of a participant or beneficiary,
                                                                       16                         whether or not vested, from a defined contribu-
                                                                       17                         tion plan described in section 401(a) or section
                                                                       18                         403(a) of an employer to an annuity contract
                                                                       19                         described in section 403(b) of the same em-
                                                                       20                         ployer,
                                                                       21                                  ‘‘(B) a transfer of all or a portion of the
                                                                       22                         account balance of a participant or beneficiary,
                                                                       23                         whether or not vested, from an annuity contract




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                                                                       24                         described in section 403(b) of an employer to a
                                                                       25                         defined contribution plan described in section


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                                                                         1                        401(a) or section 403(a) of the same employer,
                                                                         2                        or
                                                                         3                                 ‘‘(C) a merger of a defined contribution
                                                                         4                        plan described in section 401(a) or section
                                                                         5                        403(a) of an employer with an annuity contract
                                                                         6                        described in section 403(b) of the same em-
                                                                         7                        ployer,
                                                                         8              so long as the transfer or merger does not cause a
                                                                         9              reduction in the vested benefit or total benefit (in-
                                                                       10               cluding non-vested benefit) of any participant or
                                                                       11               beneficiary. A plan or contract shall not fail to be
                                                                       12               considered to be described in section 401(a), 403(a),
                                                                       13               or 403(b) (as applicable) merely because such plan
                                                                       14               or contract engages in a transfer or merger de-
                                                                       15               scribed in this paragraph.
                                                                       16                         ‘‘(2) DISTRIBUTIONS.—Amounts transferred or
                                                                       17               merged pursuant to paragraph (1) shall be subject
                                                                       18               to the requirements of paragraphs (3) and (4) and
                                                                       19               to the distribution requirements under section
                                                                       20               401(a), 403(a), or 403(b) applicable to the trans-
                                                                       21               feree or merged plan.
                                                                       22                         ‘‘(3) SPOUSAL                   CONSENT AND ANTI-CUTBACK

                                                                       23               PROTECTION.—In the case of a transfer or merger




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                                                                       24               described in paragraph (1), amounts in the trans-




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                                                                         1              feree or merged plan that are attributable to the
                                                                         2              transferor or predecessor plan shall—
                                                                         3                                 ‘‘(A)(i) be subject to section 401(a)(11)
                                                                         4                        and section 205 of the Employee Retirement
                                                                         5                        Income Security Act of 1974 to the extent that
                                                                         6                        such sections applied to such amounts in the
                                                                         7                        transferor or predecessor plan, or
                                                                         8                                 ‘‘(ii) be required to satisfy the require-
                                                                         9                        ments of section 401(a)(11)(B)(iii)(I) and sec-
                                                                       10                         tion 205(b)(1)(C)(i) of the Employee Retire-
                                                                       11                         ment Income Security Act of 1974 to the extent
                                                                       12                         that such sections applied to such amounts in
                                                                       13                         the transferor or predecessor plan, and
                                                                       14                                  ‘‘(B) be treated as subject to section
                                                                       15                         411(d)(6) and section 204(g) of the Employee
                                                                       16                         Retirement Income Security Act of 1974 to the
                                                                       17                         extent that such amounts were subject to such
                                                                       18                         sections in the transferor or predecessor plan.
                                                                       19                         ‘‘(4) SPECIAL RULES.—Under rules prescribed
                                                                       20               by the Secretary, to the extent amounts transferred
                                                                       21               or merged pursuant to paragraph (1) were otherwise
                                                                       22               entitled to grandfather treatment under the trans-
                                                                       23               feror or predecessor plan, such amounts (and income




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                                                                       24               or loss attributable thereto) shall remain entitled to
                                                                       25               such treatment under the transferee or merged plan.


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                                                                         1              The rules prescribed by the Secretary shall require
                                                                         2              that such amounts be separately accounted for by
                                                                         3              the transferee or merged plan. For purposes of this
                                                                         4              paragraph, the term ‘grandfather treatment’ means
                                                                         5              any special treatment under this title that is pro-
                                                                         6              vided for prior benefits, prior periods of time, or cer-
                                                                         7              tain individuals in connection with a change in the
                                                                         8              applicable law.
                                                                         9                        ‘‘(5) CONSENT.—In the case of a qualified trust
                                                                       10               described in section 401(a) or 403(a) and an annu-
                                                                       11               ity contract described in section 403(b) with respect
                                                                       12               to which transfers may be made only with the con-
                                                                       13               sent of a participant or beneficiary pursuant to the
                                                                       14               terms of such trust or contract or pursuant to appli-
                                                                       15               cable law, such consent requirement shall apply
                                                                       16               without regard to this subsection. Nothing in this
                                                                       17               subsection shall affect the application of contract or
                                                                       18               plan terms otherwise applicable in the case of a
                                                                       19               withdrawal from the contract or plan.’’.
                                                                       20                         (2) AGGREGATION.—Paragraph (2) of section
                                                                       21               414(t) is amended by inserting ‘‘414(aa),’’ after
                                                                       22               ‘‘274(j),’’.
                                                                       23                         (3) TECHNICAL AMENDMENT.—The heading of




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                                                                       24               subsection (z) of section 414 is amended by striking
                                                                       25               ‘‘PLAN’’ and inserting ‘‘CHURCH PLAN’’.


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                                                                         1              (b) AMENDMENT TO THE EMPLOYEE RETIREMENT
                                                                         2 INCOME SECURITY ACT OF 1974.—Section 4 of the Em-
                                                                         3 ployee Retirement Income Security Act of 1974 (29
                                                                         4 U.S.C. 1003) is amended by adding at the end the fol-
                                                                         5 lowing new subsection:
                                                                         6              ‘‘(d) This title shall apply to any plan or contract de-
                                                                         7 scribed in section 414(aa) of the Internal Revenue Code
                                                                         8 of 1986 to the extent necessary to comply with the re-
                                                                         9 quirements of such section.’’.
                                                                       10               (c) EFFECTIVE DATE.—
                                                                       11                         (1) IN GENERAL.—The amendments made by
                                                                       12               this section shall apply to transfers or mergers in
                                                                       13               years beginning after the Secretary of the Treasury
                                                                       14               (or the Secretary’s delegate) prescribes rules under
                                                                       15               section 414(aa) of the Internal Revenue Code of
                                                                       16               1986, as added by this section.
                                                                       17                         (2) RULES.—The Secretary of the Treasury (or
                                                                       18               the Secretary’s delegate) shall issue rules under sec-
                                                                       19               tion 414(aa) of the Internal Code of 1986, as so
                                                                       20               added, within 1 year after the date of the enactment
                                                                       21               of this Act.




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                                                                         1     SEC. 316. EXCEPTION FROM REQUIRED DISTRIBUTIONS

                                                                         2                             WHERE AGGREGATE RETIREMENT SAVINGS

                                                                         3                             DO NOT EXCEED $100,000.

                                                                         4              (a) IN GENERAL.—Section 401(a)(9), as amended by
                                                                         5 this Act, is further amended by adding at the end the fol-
                                                                         6 lowing new subparagraph:
                                                                         7                                 ‘‘(L) EXCEPTION                     FROM REQUIRED MIN-

                                                                         8                        IMUM DISTRIBUTIONS DURING LIFE OF EM-

                                                                         9                        PLOYEE OR BENEFICIARY WHERE ASSETS DO

                                                                       10                         NOT EXCEED $100,000.—

                                                                       11                                          ‘‘(i) IN GENERAL.—If, as of a meas-
                                                                       12                                  urement date, the aggregate value of the
                                                                       13                                  entire interest of an employee under all ap-
                                                                       14                                  plicable eligible retirement plans does not
                                                                       15                                  exceed $100,000, then, with respect to any
                                                                       16                                  applicable eligible retirement plan of the
                                                                       17                                  employee, during any succeeding calendar
                                                                       18                                  year beginning before the next measure-
                                                                       19                                  ment date the requirements of subpara-
                                                                       20                                  graph (A) shall not apply to the employee.
                                                                       21                                          ‘‘(ii) APPLICABLE ELIGIBLE RETIRE-
                                                                       22                                  MENT PLAN.—For                        purposes of this sub-
                                                                       23                                  paragraph, the term ‘applicable eligible re-
                                                                       24                                  tirement plan’ means an eligible retirement




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                                                                       25                                  plan (as defined in section 402(c)(8)(B))
                                                                       26                                  and any other plan, contract, or arrange-
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                                                                                                                              96
                                                                         1                                 ment to which the requirements of this
                                                                         2                                 paragraph apply, but does not include any
                                                                         3                                 defined benefit plan.
                                                                         4                                         ‘‘(iii) MEASUREMENT DATE.—
                                                                         5                                                  ‘‘(I)        INITIAL                  MEASUREMENT

                                                                         6                                         DATES.—The                     initial          measurement
                                                                         7                                         date for an employee is the last day of
                                                                         8                                         the calendar year preceding the earlier
                                                                         9                                         of—
                                                                       10                                                            ‘‘(aa) the calendar year in
                                                                       11                                                   which the employee attains the
                                                                       12                                                   applicable age, or
                                                                       13                                                            ‘‘(bb) the calendar year in
                                                                       14                                                   which the employee dies.
                                                                       15                                                   ‘‘(II)        SUBSEQUENT                      MEASURE-

                                                                       16                                          MENT DATES.—If, in a calendar year,

                                                                       17                                          an employee to whom subparagraph
                                                                       18                                          (A) does not apply by reason of clause
                                                                       19                                          (i) receives contributions, rollovers, or
                                                                       20                                          transfers of amounts which were not
                                                                       21                                          previously taken into account in ap-
                                                                       22                                          plying this subparagraph, then the
                                                                       23                                          last day of that calendar year shall be




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                                                                       24                                          a new measurement date and a new
                                                                       25                                          determination shall be made as to


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                                                                                                                              97
                                                                         1                                         whether clause (i) applies to such em-
                                                                         2                                         ployee.
                                                                         3                                                  ‘‘(III) SPECIAL                   RULE.—In    the
                                                                         4                                         case of an employee who receives ac-
                                                                         5                                         count statements at least annually
                                                                         6                                         with respect to a plan, the value of
                                                                         7                                         the employee’s interest in such plan
                                                                         8                                         as shown on the last account state-
                                                                         9                                         ment provided to such employee for
                                                                       10                                          such calendar year may (at the elec-
                                                                       11                                          tion of the employee) be treated as the
                                                                       12                                          value of the employee’s interest in
                                                                       13                                          such plan on the measurement date.
                                                                       14                                          If such last account statement does
                                                                       15                                          not include all amounts described in
                                                                       16                                          subclause (II) for such calendar year,
                                                                       17                                          the last day of the next calendar year
                                                                       18                                          shall be a new measurement date in
                                                                       19                                          accordance with subclause (II) and a
                                                                       20                                          new determination shall be made as to
                                                                       21                                          whether clause (i) applies to such em-
                                                                       22                                          ployee.
                                                                       23                                          ‘‘(iv) DETERMINATION OF VALUE.—




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                                                                       24                                  For purposes of this subparagraph, the




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                                                                         1                                 value of an employee’s interest in a plan is
                                                                         2                                 the account balance of such plan.
                                                                         3                                         ‘‘(v) PHASE-OUT OF EXCEPTION.—In
                                                                         4                                 the case of an employee whose aggregate
                                                                         5                                 balance described in clause (i) as of a
                                                                         6                                 measurement                 date         exceeds           the   dollar
                                                                         7                                 amount in effect under such clause by less
                                                                         8                                 than $10,000, the required distributions
                                                                         9                                 under this paragraph for calendar years
                                                                       10                                  beginning after such measurement date
                                                                       11                                  and before the next measurement date
                                                                       12                                  shall be equal to the amount which bears
                                                                       13                                  the same ratio to the required distributions
                                                                       14                                  otherwise determined under this paragraph
                                                                       15                                  as—
                                                                       16                                                   ‘‘(I) the amount by which such
                                                                       17                                          aggregate balance exceeds such dollar
                                                                       18                                          amount so in effect, bears to
                                                                       19                                                   ‘‘(II) $10,000.
                                                                       20                                          ‘‘(vi)           COST-OF-LIVING                        ADJUST-

                                                                       21                                  MENTS.—The Secretary shall adjust annu-

                                                                       22                                  ally the $100,000 amount specified in
                                                                       23                                  clause (i) for increases in the cost-of-living




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                                                                       24                                  at the same time and in the same manner
                                                                       25                                  as adjustments under section 415(d); ex-


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                                                                         1                                 cept that the base period shall be the cal-
                                                                         2                                 endar quarter beginning July 1, 2021, and
                                                                         3                                 any increase which is not a multiple of
                                                                         4                                 $5,000 shall be rounded to the next lowest
                                                                         5                                 multiple of $5,000.
                                                                         6                                         ‘‘(vii) PLAN RELIANCE.—The plan ad-
                                                                         7                                 ministrator of an applicable eligible retire-
                                                                         8                                 ment plan shall be entitled to rely on a cer-
                                                                         9                                 tification provided by an employee that
                                                                       10                                  such employee’s interest in other applicable
                                                                       11                                  eligible retirement plans does not prevent
                                                                       12                                  such employee from being described in
                                                                       13                                  clause (i). Any such certification shall
                                                                       14                                  apply to all future years in the absence of
                                                                       15                                  a contrary certification from the employee,
                                                                       16                                  and shall apply to the current year if re-
                                                                       17                                  ceived not later than March 1 of such cur-
                                                                       18                                  rent year. If no such certification is re-
                                                                       19                                  ceived by the plan administrator by March
                                                                       20                                  1 of a year for which a required distribu-
                                                                       21                                  tion is to be made under subparagraph
                                                                       22                                  (A), the plan administrator shall be treated
                                                                       23                                  as required to make the distribution re-




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                                                                       24                                  quired under subparagraph (A) for such
                                                                       25                                  year.’’.


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                                                                         1              (b) EFFECTIVE DATE.—The amendment made by
                                                                         2 this section shall apply to initial measurement dates occur-
                                                                         3 ring on or after December 31, 2021.
                                                                         4     SEC. 317. HARDSHIP RULES FOR 403(b) PLANS.

                                                                         5              (a) IN GENERAL.—Section 403(b) is amended by
                                                                         6 adding at the end the following new paragraph:
                                                                         7                        ‘‘(15) SPECIAL RULES RELATING TO HARDSHIP
                                                                         8              WITHDRAWALS.—For                           purposes of paragraphs (7)
                                                                         9              and (11)—
                                                                       10                                  ‘‘(A) AMOUNTS                      WHICH         MAY           BE   WITH-

                                                                       11                         DRAWN.—The                 following amounts may be dis-
                                                                       12                         tributed upon hardship of the employee:
                                                                       13                                          ‘‘(i) Contributions made pursuant to a
                                                                       14                                  salary reduction agreement (within the
                                                                       15                                  meaning of section 3121(a)(5)(D)).
                                                                       16                                          ‘‘(ii) Qualified nonelective contribu-
                                                                       17                                  tions (as defined in section 401(m)(4)(C)).
                                                                       18                                          ‘‘(iii) Qualified matching contributions
                                                                       19                                  described in section 401(k)(3)(D)(ii)(I).
                                                                       20                                          ‘‘(iv) Earnings on any contributions
                                                                       21                                  described in clause (i), (ii), or (iii).
                                                                       22                                  ‘‘(B) NO REQUIREMENT TO TAKE AVAIL-
                                                                       23                         ABLE LOAN.—A distribution shall not be treat-




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                                                                       24                         ed as failing to be made upon the hardship of




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                                                                         1                        an employee solely because the employee does
                                                                         2                        not take any available loan under the plan.’’.
                                                                         3              (b) CONFORMING AMENDMENTS.—
                                                                         4                        (1) Section 403(b)(7)(A)(i)(V) is amended by
                                                                         5              striking ‘‘in the case of contributions made pursuant
                                                                         6              to a salary reduction agreement (within the meaning
                                                                         7              of section 3121(a)(5)(D))’’ and inserting ‘‘subject to
                                                                         8              the provisions of paragraph (15)’’.
                                                                         9                        (2) Paragraph (11) of section 403(b), as
                                                                       10               amended by this Act, is further amended—
                                                                       11                                  (A) by striking ‘‘in’’ in subparagraph (B)
                                                                       12                         and inserting ‘‘subject to the provisions of para-
                                                                       13                         graph (15), in’’; and
                                                                       14                                  (B) by striking the last sentence.
                                                                       15               (c) EFFECTIVE DATE.—The amendments made by
                                                                       16 this section shall apply to plan years beginning after De-
                                                                       17 cember 31, 2021.
                                                                       18      SEC. 318. IRA PRESERVATION.

                                                                       19               (a) INFORMATION MADE AVAILABLE.—The Sec-
                                                                       20 retary of the Treasury (or the Secretary’s delegate) shall
                                                                       21 make available to the public the following information:
                                                                       22                         (1) An overview of the laws and regulations re-
                                                                       23               lated to individual retirement plans (as defined in




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                                                                       24               section 7701(a)(37) of the Internal Revenue Code of
                                                                       25               1986), including—


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                                                                         1                                 (A) limits on contributions;
                                                                         2                                 (B) limits on deductions for contributions;
                                                                         3                                 (C) rollovers;
                                                                         4                                 (D) minimum required distributions;
                                                                         5                                 (E) non-exempt prohibited transactions;
                                                                         6                        and
                                                                         7                                 (F) tax consequences for early distribu-
                                                                         8                        tions.
                                                                         9                        (2) Examples of common errors by taxpayers
                                                                       10               with respect to the laws and regulations described in
                                                                       11               paragraph (1) and instructions on how to avoid such
                                                                       12               errors.
                                                                       13               (b) REDUCTION IN EXCISE TAX ON EXCESS CON-
                                                                       14      TRIBUTIONS.—Section 4973 is amended by adding at the

                                                                       15 end the following new subsection:
                                                                       16               ‘‘(i) REDUCTION OF TAX IN CERTAIN CASES.—
                                                                       17                         ‘‘(1) REDUCTION.—In the case of a taxpayer
                                                                       18               who—
                                                                       19                                  ‘‘(A) corrects, during the correction win-
                                                                       20                         dow, an excess contribution which was made to
                                                                       21                         an individual retirement plan and which re-
                                                                       22                         sulted in imposition of a tax under paragraph
                                                                       23                         (1) or (3) of subsection (a), and




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                                                                         1                                 ‘‘(B) submits a return, during the correc-
                                                                         2                        tion window, reflecting such tax (as modified by
                                                                         3                        this subsection),
                                                                         4              the first and second sentences of subsection (a) shall
                                                                         5              be applied by substituting ‘3 percent’ for ‘6 percent’
                                                                         6              each place it appears.
                                                                         7                        ‘‘(2) CORRECTION WINDOW.—For purposes of
                                                                         8              this subsection, the term ‘correction window’ means
                                                                         9              the period beginning on the date on which the tax
                                                                       10               under subsection (a) is imposed with respect to an
                                                                       11               excess contribution, and ending on the earlier of—
                                                                       12                                  ‘‘(A) the date on which the Secretary initi-
                                                                       13                         ates an audit, or otherwise demands payment,
                                                                       14                         with respect to the excess contribution, or
                                                                       15                                  ‘‘(B) the last day of the second taxable
                                                                       16                         year that begins after the end of the taxable
                                                                       17                         year in which the tax under subsection (a) is
                                                                       18                         imposed.’’.
                                                                       19               (c) REDUCTION IN EXCISE TAX ON FAILURES TO
                                                                       20 TAKE REQUIRED MINIMUM DISTRIBUTIONS.—Section
                                                                       21 4974, as amended by this Act, is further amended by add-
                                                                       22 ing at the end the following new subsection:
                                                                       23               ‘‘(e) REDUCTION OF TAX IN CERTAIN CASES.—




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                                                                       24                         ‘‘(1) REDUCTION.—In the case of a taxpayer
                                                                       25               who—


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                                                                         1                                 ‘‘(A) corrects, during the correction win-
                                                                         2                        dow, a shortfall of distributions from an indi-
                                                                         3                        vidual retirement plan which resulted in imposi-
                                                                         4                        tion of a tax under subsection (a), and
                                                                         5                                 ‘‘(B) submits a return, during the correc-
                                                                         6                        tion window, reflecting such tax (as modified by
                                                                         7                        this subsection),
                                                                         8              the first sentence of subsection (a) shall be applied
                                                                         9              by substituting ‘10 percent’ for ‘25 percent’.
                                                                       10                         ‘‘(2) CORRECTION WINDOW.—For purposes of
                                                                       11               this subsection, the term ‘correction window’ means
                                                                       12               the period of time beginning on the date on which
                                                                       13               the tax under subsection (a) is imposed with respect
                                                                       14               to a shortfall of distributions from an individual re-
                                                                       15               tirement plan, and ending on the earlier of—
                                                                       16                                  ‘‘(A) the date on which the Secretary initi-
                                                                       17                         ates an audit, or otherwise demands payment,
                                                                       18                         with respect to the shortfall of distributions, or
                                                                       19                                  ‘‘(B) the last day of the second taxable
                                                                       20                         year that begins after the end of the taxable
                                                                       21                         year in which the tax under subsection (a) is
                                                                       22                         imposed.’’.
                                                                       23               (d) REPEAL OF TAX DISQUALIFICATION PENALTY.—




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                                                                       24                         (1) IN GENERAL.—Paragraph (2) of subsection
                                                                       25               (e) of section 408 is repealed.


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                                                                         1                        (2) CONFORMING AMENDMENTS.—
                                                                         2                                 (A) Section 408(e)(1) is amended by strik-
                                                                         3                        ing ‘‘(2) or’’.
                                                                         4                                 (B) Sections 220(e)(2), 223(e)(2), and
                                                                         5                        530(e) are each amended by striking ‘‘para-
                                                                         6                        graphs (2) and (4) of section 408(e)’’ and in-
                                                                         7                        serting ‘‘section 408(e)(4)’’.
                                                                         8                                 (C) Section 4975(c)(3) is amended by
                                                                         9                        striking ‘‘the account ceases to be an individual
                                                                       10                         retirement account by reason of the application
                                                                       11                         of section 408(e)(2)(A) or if’’.
                                                                       12               (e) STATUTE OF LIMITATIONS.—Subsection (l) of
                                                                       13 section 6501 of the Internal Revenue Code of 1986 is
                                                                       14 amended—
                                                                       15                         (1) in paragraph (1), by inserting ‘‘(other than
                                                                       16               with respect to an individual retirement plan)’’ after
                                                                       17               ‘‘section 4975’’; and
                                                                       18                         (2) by adding at the end the following new
                                                                       19               paragraph:
                                                                       20                         ‘‘(4) INDIVIDUAL                    RETIREMENT                   PLANS.—For

                                                                       21               purposes of any tax imposed by section 4973, 4974,
                                                                       22               or 4975 in connection with an individual retirement
                                                                       23               plan, the return referred to in this section shall be




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                                                                       24               the income tax return filed by the person on whom
                                                                       25               the tax under such section is imposed for the year


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                                                                                                                             106
                                                                         1              in which the act (or failure to act) giving rise to the
                                                                         2              liability for such tax occurred. In the case of a per-
                                                                         3              son who is not required to file an income tax return
                                                                         4              for such year—
                                                                         5                                 ‘‘(A) the return referred to in this section
                                                                         6                        shall be the income tax return that such person
                                                                         7                        would have been required to file but for the fact
                                                                         8                        that such person was not required to file such
                                                                         9                        return, and
                                                                       10                                  ‘‘(B) the 3-year period referred to in sub-
                                                                       11                         section (a) with respect to the return shall be
                                                                       12                         deemed to begin on the date by which the re-
                                                                       13                         turn would have been required to be filed (ex-
                                                                       14                         cluding any extension thereof).’’.
                                                                       15               (f) EFFECTIVE DATE.—
                                                                       16                         (1) IN GENERAL.—Subject to paragraphs (2)
                                                                       17               and (3), this section and the amendments made by
                                                                       18               this section shall take effect on the date of the en-
                                                                       19               actment of this Act.
                                                                       20                         (2) TRANSITION PROVISIONS.—
                                                                       21                                  (A) IN GENERAL.—The amendments made
                                                                       22                         by this section shall apply to any determination
                                                                       23                         of or affecting liability for taxes, interest, or




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                                                                       24                         penalties which is made on or after the date of
                                                                       25                         the enactment of this Act, without regard to


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                                                                         1                        whether the conduct upon which the determina-
                                                                         2                        tion is based occurred before such date of en-
                                                                         3                        actment.
                                                                         4                                 (B) CALCULATION OF CORRECTION WIN-
                                                                         5                        DOW IN CERTAIN CASES.—In                                   the case of an
                                                                         6                        error that would have been eligible for correc-
                                                                         7                        tion under section 4973(i) or 4974(e) of the In-
                                                                         8                        ternal Revenue Code of 1986 if tax had not
                                                                         9                        been imposed under section 4973(a) or 4974(a),
                                                                       10                         as the case may be, of such Code before the
                                                                       11                         date of the enactment of this Act, the correc-
                                                                       12                         tion window referred to in sections 4973(i) and
                                                                       13                         4974(e) of such Code (as added by this section)
                                                                       14                         shall be the period beginning on the date on
                                                                       15                         which such tax was imposed and ending on the
                                                                       16                         earlier of—
                                                                       17                                          (i) the date on which the Secretary of
                                                                       18                                  the Treasury (or the Secretary’s delegate)
                                                                       19                                  initiates an audit or otherwise demands
                                                                       20                                  payment with respect to the conduct de-
                                                                       21                                  scribed in section 4973(a) or 4974(a), as
                                                                       22                                  the case may be, of such Code; or
                                                                       23                                          (ii) the last day of the second taxable




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                                                                       24                                  year that begins after the taxable year in




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                                                                                                                             108
                                                                         1                                 which the date of the enactment of this
                                                                         2                                 Act occurs.
                                                                         3                        (3) IMPLEMENTATION.—Subsection (a) shall be
                                                                         4              implemented as soon as reasonably practicable after
                                                                         5              the enactment of this Act but in no case later than
                                                                         6              the date that is 1 year after such date of enactment.
                                                                         7     SEC. 319. ELIMINATION OF ADDITIONAL TAX ON CERTAIN

                                                                         8                             DISTRIBUTIONS.

                                                                         9              (a) IN GENERAL.—Subparagraph (A) of section
                                                                       10 72(t)(2), as amended by this Act, is further amended—
                                                                       11                         (1) by striking ‘‘or’’ at the end of clause (vii);
                                                                       12                         (2) by striking the period at the end of clause
                                                                       13               (viii) and inserting ‘‘, or’’; and
                                                                       14                         (3) by inserting after clause (viii) the following
                                                                       15               new clause:
                                                                       16                                          ‘‘(ix) attributable to withdrawal of in-
                                                                       17                                  terest or other income earned on excess
                                                                       18                                  contributions               (as         defined           in   section
                                                                       19                                  4973(b) (without regard to the second to
                                                                       20                                  last sentence thereof)) to an individual re-
                                                                       21                                  tirement plan.’’.
                                                                       22               (b) EFFECTIVE DATE.—The amendments made by
                                                                       23 this section shall apply to any determination of, or affect-




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                                                                       24 ing, liability for taxes, interest, or penalties which is made
                                                                       25 on or after the date of the enactment of this Act, without


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                                                                                                                             109
                                                                         1 regard to whether the act (or failure to act) upon which
                                                                         2 the determination is based occurred before such date of
                                                                         3 enactment. Notwithstanding the preceding sentence, noth-
                                                                         4 ing in the amendments made by this section shall be con-
                                                                         5 strued to create an inference with respect to the law in
                                                                         6 effect prior to the effective date of such amendments.
                                                                         7     SEC. 320. DISTRIBUTIONS TO FIREFIGHTERS.

                                                                         8              (a) IN GENERAL.—Subparagraph (A) of section
                                                                         9 72(t)(10) is amended by striking ‘‘414(d))’’ and inserting
                                                                       10 ‘‘414(d)) or a distribution from a plan described in clause
                                                                       11 (iii), (iv), or (vi) of section 402(c)(8)(B) to an employee
                                                                       12 who provides firefighting services’’.
                                                                       13               (b) CONFORMING AMENDMENT.—The heading of
                                                                       14 paragraph (10) of section 72(t) is amended—
                                                                       15                         (1) by striking ‘‘PUBLIC’’, and
                                                                       16                         (2) by striking ‘‘IN GOVERNMENTAL PLANS’’.
                                                                       17               (c) EFFECTIVE DATE.—The amendments made by
                                                                       18 this section shall apply to distributions made after Decem-
                                                                       19 ber 31, 2021.
                                                                       20      SEC. 321. ELIMINATING UNNECESSARY PLAN REQUIRE-

                                                                       21                              MENTS RELATED TO UNENROLLED PARTICI-

                                                                       22                              PANTS.

                                                                       23               (a) AMENDMENT OF EMPLOYEE RETIREMENT IN-




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                                                                       24      COME SECURITY ACT OF 1974.—




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                                                                                                                             110
                                                                         1                        (1) IN GENERAL.—Part 1 of subtitle B of sub-
                                                                         2              chapter I of the Employee Retirement Income Secu-
                                                                         3              rity Act of 1974 is amended by redesignating section
                                                                         4              111 as section 112 and by inserting after section
                                                                         5              110 the following new section:
                                                                         6     ‘‘SEC. 111. ELIMINATING UNNECESSARY PLAN REQUIRE-

                                                                         7                             MENTS RELATED TO UNENROLLED PARTICI-

                                                                         8                             PANTS.

                                                                         9              ‘‘(a) IN GENERAL.—Notwithstanding any other pro-
                                                                       10 vision of this title, with respect to any individual account
                                                                       11 plan, no disclosure, notice, or other plan document (other
                                                                       12 than the notices and documents described in paragraphs
                                                                       13 (1) and (2)) shall be required to be furnished under this
                                                                       14 title to any unenrolled participant if the unenrolled partici-
                                                                       15 pant receives—
                                                                       16                         ‘‘(1) in connection with the annual open season
                                                                       17               election period with respect to the plan or, if there
                                                                       18               is no such period, within a reasonable period prior
                                                                       19               to the beginning of each plan year, an annual re-
                                                                       20               minder notice of such participant’s eligibility to par-
                                                                       21               ticipate in such plan and any applicable election
                                                                       22               deadlines under the plan; and
                                                                       23                         ‘‘(2) any document requested by such partici-




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                                                                       24               pant which the participant would be entitled to re-
                                                                       25               ceive without regard to this section.


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                                                                         1              ‘‘(b) UNENROLLED PARTICIPANT.—For purposes of
                                                                         2 this section, the term ‘unenrolled participant’ means an
                                                                         3 employee who—
                                                                         4                        ‘‘(1) is eligible to participate in an individual
                                                                         5              account plan;
                                                                         6                        ‘‘(2) has received all required notices, disclo-
                                                                         7              sures, and other plan documents, including the sum-
                                                                         8              mary plan description, required to be furnished
                                                                         9              under this title in connection with such participant’s
                                                                       10               initial eligibility to participate in such plan;
                                                                       11                         ‘‘(3) is not participating in such plan; and
                                                                       12                         ‘‘(4) does not have a balance in the plan.
                                                                       13 For purposes of this section, any eligibility to participate
                                                                       14 in the plan following any period for which such employee
                                                                       15 was not eligible to participate shall be treated as initial
                                                                       16 eligibility.
                                                                       17               ‘‘(c) ANNUAL REMINDER NOTICE.—For purposes of
                                                                       18 this section, the term ‘annual reminder notice’ means a
                                                                       19 notice provided in accordance with section 2520.104b–1
                                                                       20 of title 29, Code of Federal Regulations (or any successor
                                                                       21 regulation), which—
                                                                       22                         ‘‘(1) is furnished in connection with the annual
                                                                       23               open season election period with respect to the plan




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                                                                       24               or, if there is no such period, is furnished within a




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                                                                                                                             112
                                                                         1              reasonable period prior to the beginning of each plan
                                                                         2              year;
                                                                         3                        ‘‘(2) notifies the unenrolled participant of—
                                                                         4                                 ‘‘(A) the unenrolled participant’s eligibility
                                                                         5                        to participate in the plan; and
                                                                         6                                 ‘‘(B) the key benefits under the plan and
                                                                         7                        the key rights and features under the plan af-
                                                                         8                        fecting such benefits; and
                                                                         9                        ‘‘(3) provides such information in a prominent
                                                                       10               manner calculated to be understood by the average
                                                                       11               participant.’’.
                                                                       12                         (2) CLERICAL AMENDMENT.—The table of con-
                                                                       13               tents in section 1 of the Employee Retirement In-
                                                                       14               come Security Act of 1974 is amended by striking
                                                                       15               the item relating to section 111 and by inserting
                                                                       16               after the item relating to section 110 the following
                                                                       17               new items:
                                                                               ‘‘Sec. 111. Eliminating unnecessary plan requirements related to unenrolled
                                                                                                participants.
                                                                               ‘‘Sec. 112. Repeal and effective date.’’.

                                                                       18               (b) AMENDMENT OF INTERNAL REVENUE CODE OF
                                                                       19 1986.—Section 414, as amended by this Act, is further
                                                                       20 amended by adding at the end the following new sub-
                                                                       21 section:
                                                                       22               ‘‘(bb) ELIMINATING UNNECESSARY PLAN REQUIRE-




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                                                                       23      MENTS RELATED TO UNENROLLED PARTICIPANTS.—



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                                                                         1                        ‘‘(1) IN GENERAL.—Notwithstanding any other
                                                                         2              provision of this title, with respect to any defined
                                                                         3              contribution plan, no disclosure, notice, or other plan
                                                                         4              document (other than the notices and documents de-
                                                                         5              scribed in subparagraphs (A) and (B)) shall be re-
                                                                         6              quired to be furnished under this title to any
                                                                         7              unenrolled participant if the unenrolled participant
                                                                         8              receives—
                                                                         9                                 ‘‘(A) in connection with the annual open
                                                                       10                         season election period with respect to the plan
                                                                       11                         or, if there is no such period, within a reason-
                                                                       12                         able period prior to the beginning of each plan
                                                                       13                         year, an annual reminder notice of such partici-
                                                                       14                         pant’s eligibility to participate in such plan and
                                                                       15                         any applicable election deadlines under the
                                                                       16                         plan, and
                                                                       17                                  ‘‘(B) any document requested by such par-
                                                                       18                         ticipant which the participant would be entitled
                                                                       19                         to receive without regard to this subsection.
                                                                       20                         ‘‘(2) UNENROLLED                        PARTICIPANT.—For                pur-
                                                                       21               poses of this subsection, the term ‘unenrolled partici-
                                                                       22               pant’ means an employee who—
                                                                       23                                  ‘‘(A) is eligible to participate in a defined




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                                                                       24                         contribution plan,




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                                                                         1                                 ‘‘(B) has received all required notices, dis-
                                                                         2                        closures, and other plan documents required to
                                                                         3                        be furnished under this title and the summary
                                                                         4                        plan description as provided in section 104(b)
                                                                         5                        of the Employee Retirement Income Security
                                                                         6                        Act of 1974 in connection with such partici-
                                                                         7                        pant’s initial eligibility to participate in such
                                                                         8                        plan,
                                                                         9                                 ‘‘(C) is not participating in such plan, and
                                                                       10                                  ‘‘(D) does not have a balance in the plan.
                                                                       11               For purposes of this subsection, any eligibility to
                                                                       12               participate in the plan following any period for
                                                                       13               which such employee was not eligible to participate
                                                                       14               shall be treated as initial eligibility.
                                                                       15                         ‘‘(3) ANNUAL REMINDER NOTICE.—For pur-
                                                                       16               poses of this subsection, the term ‘annual reminder
                                                                       17               notice’ means the notice described in section 111(c)
                                                                       18               of the Employee Retirement Income Security Act of
                                                                       19               1974.’’.
                                                                       20               (c) EFFECTIVE DATE.—The amendments made by
                                                                       21 this section shall apply to plan years beginning after De-
                                                                       22 cember 31, 2021.




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                                                                         1     SEC. 322. RECOVERY OF RETIREMENT PLAN OVERPAY-

                                                                         2                             MENTS.

                                                                         3              (a) OVERPAYMENTS UNDER INTERNAL REVENUE
                                                                         4 CODE OF 1986.—
                                                                         5                        (1) QUALIFICATION                       REQUIREMENTS.—Section

                                                                         6              414, as amended by the preceding provisions of this
                                                                         7              Act, is further amended by adding at the end the
                                                                         8              following new subsection:
                                                                         9              ‘‘(cc) SPECIAL RULES APPLICABLE                                           TO      BENEFIT
                                                                       10 OVERPAYMENTS.—
                                                                       11                         ‘‘(1) IN GENERAL.—A plan shall not fail to be
                                                                       12               treated as described in clause (i), (ii), (iii), or (iv)
                                                                       13               of section 219(g)(5)(A) (and shall not fail to be
                                                                       14               treated as satisfying the requirements of section
                                                                       15               401(a) or 403) merely because—
                                                                       16                                  ‘‘(A) the plan fails to obtain payment from
                                                                       17                         any participant, beneficiary, employer, plan
                                                                       18                         sponsor, fiduciary, or other party on account of
                                                                       19                         any inadvertent benefit overpayment made by
                                                                       20                         the plan, or
                                                                       21                                  ‘‘(B) the plan sponsor amends the plan to
                                                                       22                         increase past or future benefit payments to af-
                                                                       23                         fected participants and beneficiaries in order to
                                                                       24                         adjust for prior inadvertent benefit overpay-




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                                                                       25                         ments.


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                                                                         1                        ‘‘(2) REDUCTION                    IN FUTURE BENEFIT PAY-

                                                                         2              MENTS              AND          RECOVERY                 FROM             RESPONSIBLE

                                                                         3              PARTY.—Paragraph (1) shall not fail to apply to a

                                                                         4              plan merely because, after discovering a benefit over-
                                                                         5              payment, such plan—
                                                                         6                                 ‘‘(A) reduces future benefit payments to
                                                                         7                        the correct amount provided for under the
                                                                         8                        terms of the plan, or
                                                                         9                                 ‘‘(B) seeks recovery from the person or
                                                                       10                         persons responsible for such overpayment.
                                                                       11                         ‘‘(3)       EMPLOYER                 FUNDING               OBLIGATIONS.—

                                                                       12               Nothing in this subsection shall relieve an employer
                                                                       13               of any obligation imposed on it to make contribu-
                                                                       14               tions to a plan to meet the minimum funding stand-
                                                                       15               ards under sections 412 and 430 or to prevent or re-
                                                                       16               store an impermissible forfeiture in accordance with
                                                                       17               section 411.
                                                                       18                         ‘‘(4) OBSERVANCE OF BENEFIT LIMITATIONS.—
                                                                       19               Notwithstanding paragraph (1), a plan to which
                                                                       20               paragraph (1) applies shall observe any limitations
                                                                       21               imposed on it by section 401(a)(17) or 415. The
                                                                       22               plan may enforce such limitations using any method
                                                                       23               approved by the Secretary for recouping benefits




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                                                                       24               previously paid or allocations previously made in ex-
                                                                       25               cess of such limitations.


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                                                                         1                        ‘‘(5) COORDINATION WITH OTHER QUALIFICA-
                                                                         2              TION         REQUIREMENTS.—The                            Secretary may issue
                                                                         3              regulations or other guidance of general applicability
                                                                         4              specifying how benefit overpayments and their
                                                                         5              recoupment or non-recoupment from a participant or
                                                                         6              beneficiary shall be taken into account for purposes
                                                                         7              of satisfying any requirement applicable to a plan to
                                                                         8              which paragraph (1) applies.’’.
                                                                         9                        (2) ROLLOVERS.—Section 402(c), as amended
                                                                       10               by this Act, is further amended by adding at the end
                                                                       11               the following new paragraph:
                                                                       12                         ‘‘(13) In the case of an inadvertent benefit
                                                                       13               overpayment from a plan to which section 414(cc)(1)
                                                                       14               applies which is transferred to an eligible retirement
                                                                       15               plan by or on behalf of a participant or bene-
                                                                       16               ficiary—
                                                                       17                                  ‘‘(A) the portion of such overpayment with
                                                                       18                         respect to which recoupment is not sought on
                                                                       19                         behalf of the plan shall be treated as having
                                                                       20                         been paid in an eligible rollover distribution if
                                                                       21                         the payment would have been an eligible roll-
                                                                       22                         over distribution but for being an overpayment,
                                                                       23                         and




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                                                                       24                                  ‘‘(B) the portion of such overpayment with
                                                                       25                         respect to which recoupment is sought on behalf


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                                                                                                                             118
                                                                         1                        of the plan shall be permitted to be returned to
                                                                         2                        such plan and in such case shall be treated as
                                                                         3                        an eligible rollover distribution transferred to
                                                                         4                        such plan by the participant or beneficiary who
                                                                         5                        received such overpayment (and the plans mak-
                                                                         6                        ing and receiving such transfer shall be treated
                                                                         7                        as permitting such transfer).
                                                                         8              In any case in which recoupment is sought on behalf
                                                                         9              of the plan but is disputed by the participant or ben-
                                                                       10               eficiary who received such overpayment, such dispute
                                                                       11               shall be subject to the claims and appeals procedures
                                                                       12               of the plan that made such overpayment, such plan
                                                                       13               shall notify the plan receiving the rollover of such
                                                                       14               dispute, and the plan receiving the rollover shall re-
                                                                       15               tain such overpayment on behalf of the participant
                                                                       16               or beneficiary (and shall be entitled to treat such
                                                                       17               overpayment as plan assets) pending the outcome of
                                                                       18               such procedures.’’.
                                                                       19               (b) OVERPAYMENTS UNDER ERISA.—Section 206 of
                                                                       20 the Employee Retirement Income Security Act of 1974
                                                                       21 (29 U.S.C. 1056) is amended by adding at the end the
                                                                       22 following new subsection:
                                                                       23               ‘‘(h) SPECIAL RULES APPLICABLE                                            TO      BENEFIT




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                                                                       24 OVERPAYMENTS.—




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                                                                                                                             119
                                                                         1                        ‘‘(1) GENERAL RULE.—In the case of an inad-
                                                                         2              vertent benefit overpayment by any pension plan, the
                                                                         3              responsible plan fiduciary shall not be considered to
                                                                         4              have failed to comply with the requirements of this
                                                                         5              title merely because such fiduciary determines, in
                                                                         6              the exercise of its fiduciary discretion, not to seek
                                                                         7              recovery of all or part of such overpayment from—
                                                                         8                                 ‘‘(A) any participant or beneficiary,
                                                                         9                                 ‘‘(B) any plan sponsor of, or contributing
                                                                       10                         employer to—
                                                                       11                                          ‘‘(i) an individual account plan, pro-
                                                                       12                                  vided that the amount needed to prevent or
                                                                       13                                  restore any impermissible forfeiture from
                                                                       14                                  any participant’s or beneficiary’s account
                                                                       15                                  arising in connection with the overpayment
                                                                       16                                  is, separately from and independently of
                                                                       17                                  the overpayment, allocated to such account
                                                                       18                                  pursuant to the nonforfeitability require-
                                                                       19                                  ments of section 203 (for example, out of
                                                                       20                                  the plan’s forfeiture account, additional
                                                                       21                                  employer contributions, or recoveries from
                                                                       22                                  those responsible for the overpayment), or
                                                                       23                                          ‘‘(ii) a defined benefit pension plan




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                                                                       24                                  subject to the funding rules in part 3 of
                                                                       25                                  this subtitle B, unless the responsible plan


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                                                                                                                             120
                                                                         1                                 fiduciary determines, in the exercise of its
                                                                         2                                 fiduciary discretion, that failure to recover
                                                                         3                                 all or part of the overpayment faster than
                                                                         4                                 required under such funding rules would
                                                                         5                                 materially affect the plan’s ability to pay
                                                                         6                                 benefits due to other participants and
                                                                         7                                 beneficiaries, or
                                                                         8                                 ‘‘(C) any fiduciary of the plan, other than
                                                                         9                        a fiduciary (including a plan sponsor or contrib-
                                                                       10                         uting employer acting in a fiduciary capacity)
                                                                       11                         whose breach of its fiduciary duties resulted in
                                                                       12                         such overpayment, provided that if the plan has
                                                                       13                         established prudent procedures to prevent and
                                                                       14                         minimize overpayment of benefits and the rel-
                                                                       15                         evant plan fiduciaries have followed such proce-
                                                                       16                         dures, an inadvertent benefit overpayment will
                                                                       17                         not give rise to a breach of fiduciary duty.
                                                                       18                         ‘‘(2) REDUCTION                    IN FUTURE BENEFIT PAY-

                                                                       19               MENTS              AND          RECOVERY                 FROM             RESPONSIBLE

                                                                       20               PARTY.—Paragraph (1) shall not fail to apply with

                                                                       21               respect to any inadvertent benefit overpayment
                                                                       22               merely because, after discovering such overpayment,
                                                                       23               the responsible plan fiduciary—




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                                                                         1                                 ‘‘(A) reduces future benefit payments to
                                                                         2                        the correct amount provided for under the
                                                                         3                        terms of the plan, or
                                                                         4                                 ‘‘(B) seeks recovery from the person or
                                                                         5                        persons responsible for the overpayment.
                                                                         6                        ‘‘(3)       EMPLOYER                 FUNDING               OBLIGATIONS.—

                                                                         7              Nothing in this subsection shall relieve an employer
                                                                         8              of any obligation imposed on it to make contribu-
                                                                         9              tions to a plan to meet the minimum funding stand-
                                                                       10               ards under part 3 of this subtitle B or to prevent
                                                                       11               or restore an impermissible forfeiture in accordance
                                                                       12               with section 203.
                                                                       13                         ‘‘(4) RECOUPMENT FROM PARTICIPANTS AND
                                                                       14               BENEFICIARIES.—If                         the responsible plan fiduciary,
                                                                       15               in the exercise of its fiduciary discretion, decides to
                                                                       16               seek recoupment from a participant or beneficiary of
                                                                       17               all or part of an inadvertent benefit overpayment
                                                                       18               made by the plan to such participant or beneficiary,
                                                                       19               it may do so, subject to the following conditions:
                                                                       20                                  ‘‘(A) No interest or other additional
                                                                       21                         amounts (such as collection costs or fees) are
                                                                       22                         sought on overpaid amounts.
                                                                       23                                  ‘‘(B) If the plan seeks to recoup past over-




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                                                                       24                         payments of a non-decreasing periodic benefit
                                                                       25                         by reducing future benefit payments—


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                                                                         1                                         ‘‘(i) the reduction ceases after the
                                                                         2                                 plan has recovered the full dollar amount
                                                                         3                                 of the overpayment,
                                                                         4                                         ‘‘(ii) the amount recouped each cal-
                                                                         5                                 endar year does not exceed 10 percent of
                                                                         6                                 the full dollar amount of the overpayment,
                                                                         7                                 and
                                                                         8                                         ‘‘(iii) future benefit payments are not
                                                                         9                                 reduced to below 90 percent of the periodic
                                                                       10                                  amount otherwise payable under the terms
                                                                       11                                  of the plan.
                                                                       12                         Alternatively, if the plan seeks to recoup past
                                                                       13                         overpayments of a non-decreasing periodic ben-
                                                                       14                         efit through one or more installment payments,
                                                                       15                         the sum of such installment payments in any
                                                                       16                         calendar year does not exceed the sum of the
                                                                       17                         reductions that would be permitted in such year
                                                                       18                         under the preceding sentence.
                                                                       19                                  ‘‘(C) If the plan seeks to recoup past over-
                                                                       20                         payments of a benefit other than a non-decreas-
                                                                       21                         ing periodic benefit, the plan satisfies require-
                                                                       22                         ments developed by the Secretary of the Treas-
                                                                       23                         ury for purposes of this subparagraph.




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                                                                       24                                  ‘‘(D) Efforts to recoup overpayments are
                                                                       25                         not made through a collection agency or similar


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                                                                         1                        third party and such efforts are not accom-
                                                                         2                        panied by threats of litigation, unless the re-
                                                                         3                        sponsible plan fiduciary reasonably believes it
                                                                         4                        could prevail in a civil action brought in Fed-
                                                                         5                        eral or State court to recoup the overpayments.
                                                                         6                                 ‘‘(E) Recoupment of past overpayments to
                                                                         7                        a participant is not sought from any beneficiary
                                                                         8                        of the participant, including a spouse, surviving
                                                                         9                        spouse, former spouse, or other beneficiary.
                                                                       10                                  ‘‘(F) Recoupment may not be sought if the
                                                                       11                         first overpayment occurred more than 3 years
                                                                       12                         before the participant or beneficiary is first no-
                                                                       13                         tified in writing of the error.
                                                                       14                                  ‘‘(G) A participant or beneficiary from
                                                                       15                         whom recoupment is sought is entitled to con-
                                                                       16                         test all or part of the recoupment pursuant to
                                                                       17                         the plan’s claims and appeals procedures.
                                                                       18                                  ‘‘(H) In determining the amount of
                                                                       19                         recoupment to seek, the responsible plan fidu-
                                                                       20                         ciary may take into account the hardship that
                                                                       21                         recoupment likely would impose on the partici-
                                                                       22                         pant or beneficiary.
                                                                       23                         ‘‘(5)       EFFECT              OF          CULPABILITY.—Subpara-




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                                                                       24               graphs (A) through (F) of paragraph (4) shall not
                                                                       25               apply to protect a participant or beneficiary who is


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                                                                         1              culpable. For purposes of this paragraph, a partici-
                                                                         2              pant or beneficiary is culpable if the individual bears
                                                                         3              responsibility for the overpayment (such as through
                                                                         4              misrepresentations or omissions that led to the over-
                                                                         5              payment), or if the individual knew, or had good
                                                                         6              reason to know under the circumstances, that the
                                                                         7              benefit payment or payments were materially in ex-
                                                                         8              cess of the correct amount. Notwithstanding the pre-
                                                                         9              ceding sentence, an individual is not culpable merely
                                                                       10               because the individual believed the benefit payment
                                                                       11               or payments were or might be in excess of the cor-
                                                                       12               rect amount, if the individual raised that question
                                                                       13               with an authorized plan representative and was told
                                                                       14               the payment or payments were not in excess of the
                                                                       15               correct amount. With respect to a culpable partici-
                                                                       16               pant or beneficiary, efforts to recoup overpayments
                                                                       17               shall not be made through threats of litigation, un-
                                                                       18               less a lawyer for the plan could make the representa-
                                                                       19               tions required under Rule 11 of the Federal Rules
                                                                       20               of Civil Procedure if the litigation were brought in
                                                                       21               Federal court.’’.
                                                                       22               (c) EFFECTIVE DATE.—The amendments made by
                                                                       23 this section shall apply as of the date of the enactment




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                                                                       24 of this Act.




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                                                                         1              (d) CERTAIN ACTIONS BEFORE DATE OF ENACT-
                                                                         2     MENT.—Plans, fiduciaries, employers, and plan sponsors

                                                                         3 are entitled to rely on—
                                                                         4                        (1) a good faith interpretation of then existing
                                                                         5              administrative guidance for inadvertent benefit over-
                                                                         6              payment recoupments and recoveries that com-
                                                                         7              menced before the date of enactment of this Act,
                                                                         8              and
                                                                         9                        (2) determinations made before such date of en-
                                                                       10               actment by the responsible plan fiduciary, in the ex-
                                                                       11               ercise of its fiduciary discretion, not to seek
                                                                       12               recoupment or recovery of all or part of an inad-
                                                                       13               vertent benefit overpayment.
                                                                       14 In the case of a benefit overpayment that occurred prior
                                                                       15 to the date of enactment of this Act, any installment pay-
                                                                       16 ments by the participant or beneficiary to the plan or any
                                                                       17 reduction in periodic benefit payments to the participant
                                                                       18 or beneficiary, which were made in recoupment of such
                                                                       19 overpayment and which commenced prior to such date,
                                                                       20 may continue after such date. Nothing in this subsection
                                                                       21 shall relieve a fiduciary from responsibility for an overpay-
                                                                       22 ment that resulted from a breach of its fiduciary duties.
                                                                       23      SEC. 323. RETIREMENT SAVINGS LOST AND FOUND.




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                                                                       24               (a) RETIREMENT SAVINGS LOST AND FOUND.—
                                                                       25                         (1) ESTABLISHMENT.—


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                                                                         1                                 (A) IN GENERAL.—Not later than 3 years
                                                                         2                        after the date of the enactment of this Act, the
                                                                         3                        Secretary of Labor, the Secretary of the Treas-
                                                                         4                        ury, and the Secretary of Commerce, in co-
                                                                         5                        operation, shall establish an online searchable
                                                                         6                        database (to be managed by the Pension Ben-
                                                                         7                        efit Guaranty Corporation in accordance with
                                                                         8                        section 4051 of the Employee Retirement In-
                                                                         9                        come Security Act of 1974) to be known as the
                                                                       10                         ‘‘Retirement Savings Lost and Found’’. The
                                                                       11                         Retirement Savings Lost and Found shall—
                                                                       12                                          (i) allow an individual to search for
                                                                       13                                  information that enables the individual to
                                                                       14                                  locate the plan administrator of any plans
                                                                       15                                  with respect to which the individual is or
                                                                       16                                  was a participant or beneficiary, and to
                                                                       17                                  provide contact information for the plan
                                                                       18                                  administrator of any plan described in sub-
                                                                       19                                  paragraph (B);
                                                                       20                                          (ii) allow the Pension Benefit Guar-
                                                                       21                                  anty Corporation to assist such an indi-
                                                                       22                                  vidual in locating any plan of the indi-
                                                                       23                                  vidual; and




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                                                                       24                                          (iii) allow the Pension Benefit Guar-
                                                                       25                                  anty Corporation to make any necessary


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                                                                         1                                 changes to contact information on record
                                                                         2                                 for the plan administrator based on any
                                                                         3                                 changes to the plan due to merger or con-
                                                                         4                                 solidation of the plan with any other plan,
                                                                         5                                 division of the plan into two or more plans,
                                                                         6                                 bankruptcy, termination, change in name
                                                                         7                                 of the plan, change in name or address of
                                                                         8                                 the plan administrator, or other causes.
                                                                         9                        The Retirement Savings Lost and Found estab-
                                                                       10                         lished under this paragraph shall include infor-
                                                                       11                         mation reported under section 4051 of the Em-
                                                                       12                         ployee Retirement Income Security Act of 1974
                                                                       13                         and other relevant information obtained by the
                                                                       14                         Pension Benefit Guaranty Corporation.
                                                                       15                                  (B) PLANS DESCRIBED.—A plan described
                                                                       16                         in this subparagraph is a plan to which the
                                                                       17                         vesting standards of section 203 of part 2 of
                                                                       18                         subtitle B of title I of the Employee Retirement
                                                                       19                         Income Security Act of 1974 apply.
                                                                       20                         (2) ADMINISTRATION.—The Retirement Sav-
                                                                       21               ings Lost and Found established under paragraph
                                                                       22               (1) shall provide individuals described in paragraph
                                                                       23               (1)(A) only with the ability to view contact informa-




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                                                                       24               tion for the plan administrator of any plan with re-
                                                                       25               spect to which the individual is or was a participant


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                                                                                                                             128
                                                                         1              or beneficiary, sufficient to allow the individual to lo-
                                                                         2              cate the individual’s plan in order to recover any
                                                                         3              benefit owing to the individual under the plan.
                                                                         4                        (3) SAFEGUARDING PARTICIPANT PRIVACY AND
                                                                         5              SECURITY.—In establishing the Retirement Savings

                                                                         6              Lost and Found under paragraph (1), the Pension
                                                                         7              Benefit Guaranty Corporation, in consultation with
                                                                         8              the Secretary of Labor, the Secretary of the Treas-
                                                                         9              ury, and the Secretary of Commerce, shall take all
                                                                       10               necessary and proper precautions to ensure that in-
                                                                       11               dividuals’ plan information maintained by the Re-
                                                                       12               tirement Savings Lost and Found is protected and
                                                                       13               that persons other than the individual cannot fraud-
                                                                       14               ulently claim the benefits to which any individual is
                                                                       15               entitled, and to allow any individual to opt out of in-
                                                                       16               clusion in the Retirement Savings Lost and Found
                                                                       17               at the election of the individual.
                                                                       18               (b) OFFICE OF THE RETIREMENT SAVINGS LOST
                                                                       19      AND FOUND.—

                                                                       20                         (1) IN GENERAL.—Subtitle C of title IV of the
                                                                       21               Employee Retirement Income Security Act of 1974
                                                                       22               (29 U.S.C. 1341 et seq.) is amended by adding at
                                                                       23               the end the following:




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                                                                         1     ‘‘SEC. 4051. OFFICE OF THE RETIREMENT SAVINGS LOST

                                                                         2                             AND FOUND.

                                                                         3              ‘‘(a) ESTABLISHMENT; RESPONSIBILITIES OF OF-
                                                                         4     FICE.—

                                                                         5                        ‘‘(1) IN GENERAL.—Not later than 2 years
                                                                         6              after the date of the enactment of this section, the
                                                                         7              Secretary of Labor, the Secretary of the Treasury,
                                                                         8              and the Secretary of Commerce shall establish with-
                                                                         9              in the corporation an Office of the Retirement Sav-
                                                                       10               ings Lost and Found (in this section referred to as
                                                                       11               the ‘Office’).
                                                                       12                         ‘‘(2) RESPONSIBILITIES OF OFFICE.—
                                                                       13                                  ‘‘(A) IN GENERAL.—The Office shall—
                                                                       14                                          ‘‘(i) carry out subsection (b) of this
                                                                       15                                  section;
                                                                       16                                          ‘‘(ii) maintain the Retirement Savings
                                                                       17                                  Lost and Found established under section
                                                                       18                                  323(a) of the Retirement Security and
                                                                       19                                  Savings Act of 2021; and
                                                                       20                                          ‘‘(iii) perform an annual audit of plan
                                                                       21                                  information contained in the Retirement
                                                                       22                                  Savings Lost and Found and ensure that
                                                                       23                                  such information is current and accurate.
                                                                       24                                  ‘‘(B) OPTION TO CONTRACT.—




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                                                                       25                                          ‘‘(i) IN GENERAL.—Not later than 2
                                                                       26                                  years after the date of enactment of this
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                                                                                                                             130
                                                                         1                                 section, the corporation shall conduct an
                                                                         2                                 analysis of the cost effectiveness of con-
                                                                         3                                 tracting with a third party to carry out the
                                                                         4                                 responsibilities under subparagraph (A)(iii)
                                                                         5                                 and, upon a determination that such con-
                                                                         6                                 tracting would be more cost effective than
                                                                         7                                 carrying out such responsibilities within
                                                                         8                                 the Office, the corporation may enter into
                                                                         9                                 such contracts as merited by such analysis.
                                                                       10                                          ‘‘(ii) REPORT.—The corporation shall
                                                                       11                                  report on the results of the analysis under
                                                                       12                                  clause (i) to the Committees on Finance
                                                                       13                                  and Health, Education, Labor, and Pen-
                                                                       14                                  sions of the Senate and the Committees on
                                                                       15                                  Ways and Means and Education and
                                                                       16                                  Labor of the House of Representatives.
                                                                       17               ‘‘(b) CERTAIN NON-RESPONSIVE PARTICIPANTS EN-
                                                                       18      TITLED TO SMALL BENEFITS.—

                                                                       19                         ‘‘(1) GENERAL RULE.—
                                                                       20                                  ‘‘(A) TRANSFER TO THE OFFICE OF THE
                                                                       21                         RETIREMENT SAVINGS LOST AND FOUND.—The

                                                                       22                         administrator of a plan that is not terminated
                                                                       23                         and to which section 401(a)(31)(B) of the In-




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                                                                       24                         ternal Revenue Code of 1986 applies shall
                                                                       25                         transfer to the Office the amount required to be


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                                                                                                                             131
                                                                         1                        transferred under section 401(a)(31)(B)(iv) of
                                                                         2                        such Code for a non-responsive participant.
                                                                         3                                 ‘‘(B) INFORMATION AND PAYMENT TO THE
                                                                         4                        OFFICE.—Upon making a transfer under sub-

                                                                         5                        paragraph (A), the plan administrator shall
                                                                         6                        provide such information and certifications as
                                                                         7                        the Office shall specify, including with respect
                                                                         8                        to the transferred amount and the non-respon-
                                                                         9                        sive participant.
                                                                       10                                  ‘‘(C) INFORMATION REQUIREMENTS AFTER
                                                                       11                         TRANSFER.—In the event that, after a transfer

                                                                       12                         is made under subparagraph (A), the relevant
                                                                       13                         non-responsive participant contacts the plan ad-
                                                                       14                         ministrator or the plan administrator discovers
                                                                       15                         information that may assist the Office in locat-
                                                                       16                         ing the non-responsive participant, the plan ad-
                                                                       17                         ministrator shall notify and provide such infor-
                                                                       18                         mation as the Office shall specify to the Office.
                                                                       19                                  ‘‘(D) SEARCH AND PAYMENT BY THE OF-
                                                                       20                         FICE FOLLOWING TRANSFER.—The Office shall

                                                                       21                         periodically, and upon receiving information de-
                                                                       22                         scribed in subparagraph (C), conduct a search
                                                                       23                         for the non-responsive participant for whom the




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                                                                       24                         Office has received a transfer under subpara-
                                                                       25                         graph (A). Upon location of a non-responsive


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                                                                         1                        participant who claims benefits, the Office shall
                                                                         2                        make a single payment to the non-responsive
                                                                         3                        participant in an amount equal to the sum of—
                                                                         4                                         ‘‘(i) the amount transferred to the Of-
                                                                         5                                 fice under subparagraph (A) for such par-
                                                                         6                                 ticipant; and
                                                                         7                                         ‘‘(ii) the return on the investment at-
                                                                         8                                 tributable to such amount under section
                                                                         9                                 4005(j)(3).
                                                                       10                         ‘‘(2) DEFINITION.—For purposes of this sub-
                                                                       11               section, the term ‘non-responsive participant’ means
                                                                       12               a participant or beneficiary of a plan described in
                                                                       13               paragraph (1)(A)—
                                                                       14                                  ‘‘(A) who is entitled to a benefit subject to
                                                                       15                         a        mandatory                  transfer              under         section
                                                                       16                         401(a)(31)(B)(iii) of the Internal Revenue Code
                                                                       17                         of 1986; and
                                                                       18                                  ‘‘(B) for whom the plan has satisfied the
                                                                       19                         conditions in section 401(a)(31)(B)(iv) of such
                                                                       20                         Code.
                                                                       21                         ‘‘(3) REGULATORY                        AUTHORITY.—The                  Office
                                                                       22               shall prescribe such regulations as are necessary to
                                                                       23               carry out the purposes of this section, including




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                                                                       24               rules relating to the amount payable to the Office
                                                                       25               and the amount to be paid by the Office.


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                                                                         1              ‘‘(c) INFORMATION COLLECTION.—Within such pe-
                                                                         2 riod after the end of a plan year as the Office may by
                                                                         3 regulations prescribe, the administrator of a plan to which
                                                                         4 the vesting standards of section 203 apply shall submit
                                                                         5 the following information, and such other information as
                                                                         6 the corporation may require, to the corporation in such
                                                                         7 form as the corporation may require:
                                                                         8                        ‘‘(1) The information described in paragraphs
                                                                         9              (1) through (4) of section 6057(b) of the Internal
                                                                       10               Revenue Code of 1986.
                                                                       11                         ‘‘(2) The information described in subpara-
                                                                       12               graphs (A), (B), (E), and (F) of section 6057(a)(2)
                                                                       13               of the Internal Revenue Code of 1986.
                                                                       14               ‘‘(d) EFFECTIVE DATE.—The requirements of sub-
                                                                       15 sections (b) and (c) shall apply with respect to plan years
                                                                       16 beginning after the second December 31 occurring after
                                                                       17 the date of the enactment of this section.
                                                                       18               ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
                                                                       19 are authorized to be appropriated such sums as may be
                                                                       20 necessary to carry out this section.’’.
                                                                       21                         (2) ESTABLISHMENT                           OF FUND FOR TRANS-

                                                                       22               FERRED ASSETS.—Section                                4005 of the Employee
                                                                       23               Retirement Income Security Act of 1974 (29 U.S.C.




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                                                                       24               1305) is amended by adding at the end the fol-
                                                                       25               lowing:


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                                                                         1              ‘‘(j)(1) A ninth fund shall be established for the pay-
                                                                         2 ment of benefits under section 4051(b)(1)(D).
                                                                         3              ‘‘(2) Such fund shall be credited with the appro-
                                                                         4 priate—
                                                                         5                        ‘‘(A) amounts transferred to the Office of the
                                                                         6              Retirement Savings Lost and Found under section
                                                                         7              4051(b)(1)(A); and
                                                                         8                        ‘‘(B) earnings on investments of the fund or on
                                                                         9              assets credited to the fund.
                                                                       10               ‘‘(3) Whenever the corporation determines that the
                                                                       11 moneys of any fund are in excess of current needs, it may
                                                                       12 request the investment of such amounts as it determines
                                                                       13 advisable by the Secretary of the Treasury in obligations
                                                                       14 issued or guaranteed by the United States.’’.
                                                                       15                         (3) CONFORMING AMENDMENT.—The table of
                                                                       16               contents for the Employee Retirement Income Secu-
                                                                       17               rity Act of 1974 (29 U.S.C. 1001 et seq.) is amend-
                                                                       18               ed by inserting after the matter relating to section
                                                                       19               4050 the following:
                                                                               ‘‘Sec. 4051. Certain non-responsive participants entitled to small benefits.’’.

                                                                       20               (c) MANDATORY TRANSFERS OF ROLLOVER DIS-
                                                                       21      TRIBUTIONS.—

                                                                       22                         (1) INVESTMENT OPTIONS.—
                                                                       23                                  (A) IN GENERAL.—Subparagraph (B) of




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                                                                       24                         section 404(c)(3) of the Employee Retirement
                                                                       25                         Income Security Act of 1974 (29 U.S.C.
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                                                                                                                             135
                                                                         1                        1104(c)(3)) is amended by striking the period
                                                                         2                        at the end and inserting ‘‘, and, to the extent
                                                                         3                        the Secretary provides in guidance or regula-
                                                                         4                        tions issued after the enactment of the Retire-
                                                                         5                        ment Security and Savings Act of 2021, is
                                                                         6                        made to—
                                                                         7                                         ‘‘(i) a target date or life cycle fund
                                                                         8                                 held under such account;
                                                                         9                                         ‘‘(ii)         as          described             in    section
                                                                       10                                  2550.404a–2 of title 29, Code of Federal
                                                                       11                                  Regulations, an investment product held
                                                                       12                                  under such account designed to preserve
                                                                       13                                  principal and provide a reasonable rate of
                                                                       14                                  return;
                                                                       15                                          ‘‘(iii) the Office of the Retirement
                                                                       16                                  Savings Lost and Found in accordance
                                                                       17                                  with section 401(a)(31)(B)(iv) of the In-
                                                                       18                                  ternal Revenue Code of 1986 and section
                                                                       19                                  323(c)(2)(A)(ii) of the Retirement Security
                                                                       20                                  and Savings Act of 2021; or
                                                                       21                                          ‘‘(iv) such other option as the Sec-
                                                                       22                                  retary may so provide.’’.
                                                                       23                                  (B) REGULATIONS.—Not later than 270




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                                                                       24                         days after the date of the enactment of this
                                                                       25                         Act, the Secretary of Labor shall promulgate


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                                                                         1                        regulations identifying the target date or life
                                                                         2                        cycle funds, or specifying the characteristics of
                                                                         3                        such a fund, that will be deemed to meet the re-
                                                                         4                        quirements of section 404(c)(3)(B)(i) of the
                                                                         5                        Employee Retirement Income Security Act of
                                                                         6                        1974 (29 U.S.C. 1104(c)(3)(B)), as amended
                                                                         7                        by subparagraph (A).
                                                                         8                        (2) EXPANSION OF CAP; AUTHORITY TO TRANS-
                                                                         9              FER LESSER AMOUNTS.—

                                                                       10                                  (A) CAP.—Sections 401(a)(31)(B)(ii) and
                                                                       11                         411(a)(11)(A) of the Internal Revenue Code of
                                                                       12                         1986 and section 203(e)(1) of the Employee
                                                                       13                         Retirement Income Security Act of 1974 are
                                                                       14                         each amended by striking ‘‘$5,000’’ and insert-
                                                                       15                         ing ‘‘$6,000’’.
                                                                       16                                  (B) DISTRIBUTION OF LARGER AMOUNTS
                                                                       17                         TO INDIVIDUAL RETIREMENT PLANS ONLY.—

                                                                       18                         Section 401(a)(31)(B)(i) of such Code is
                                                                       19                         amended by adding at the end the following:
                                                                       20                         ‘‘The Office of the Retirement Savings Lost
                                                                       21                         and Found established by section 323 of the
                                                                       22                         Retirement Security and Savings Act of 2021
                                                                       23                         shall not be treated as a trustee or issuer that




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                                                                       24                         is eligible to receive such distributions.’’.




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                                                                         1                                 (C)             LESSER                     AMOUNTS.—Section

                                                                         2                        401(a)(31)(B) of such Code is amended by add-
                                                                         3                        ing at the end the following new clauses:
                                                                         4                                         ‘‘(iii)         TREATMENT                      OF      LESSER

                                                                         5                                 AMOUNTS.—In the case of a trust which is

                                                                         6                                 part of an eligible plan, such trust shall
                                                                         7                                 not be a qualified trust under this section
                                                                         8                                 unless such plan provides that, if a partici-
                                                                         9                                 pant in the plan separates from the service
                                                                       10                                  covered by the plan and the nonforfeitable
                                                                       11                                  accrued benefit described in clause (ii) is
                                                                       12                                  not in excess of $1,000, the plan adminis-
                                                                       13                                  trator shall (either separately or as part of
                                                                       14                                  the notice under section 402(f)) notify the
                                                                       15                                  participant that the participant is entitled
                                                                       16                                  to such benefit or attempt to pay the ben-
                                                                       17                                  efit directly to the participant.
                                                                       18                                          ‘‘(iv) TRANSFERS                       TO       RETIREMENT

                                                                       19                                  SAVINGS LOST AND FOUND.—If,                                    after a
                                                                       20                                  plan administrator takes the action re-
                                                                       21                                  quired under clause (iii), the participant
                                                                       22                                  does not—
                                                                       23                                                   ‘‘(I) within 6 months of the noti-




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                                                                       24                                          fication under such clause, make an
                                                                       25                                          election under subparagraph (A) or


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                                                                         1                                         elect to receive a distribution of the
                                                                         2                                         benefit directly, or
                                                                         3                                                  ‘‘(II) accept any direct payment
                                                                         4                                         made under such clause within 6
                                                                         5                                         months of the attempted payment,
                                                                         6                                 the plan administrator shall transfer the
                                                                         7                                 amount of such benefit to the Office of the
                                                                         8                                 Retirement Savings Lost and Found in ac-
                                                                         9                                 cordance with section 4051(b) of the Em-
                                                                       10                                  ployee Retirement Income Security Act of
                                                                       11                                  1974.
                                                                       12                                          ‘‘(v) INCOME                  TAX        TREATMENT         OF

                                                                       13                                  TRANSFERS                TO         RETIREMENT                 SAVINGS

                                                                       14                                  LOST AND FOUND.—For purposes of deter-

                                                                       15                                  mining the income tax treatment of trans-
                                                                       16                                  fers to the Office of the Retirement Sav-
                                                                       17                                  ings Lost and Found under clause (iv)—
                                                                       18                                                   ‘‘(I) such a transfer shall be
                                                                       19                                          treated as a transfer to an individual
                                                                       20                                          retirement plan under clause (i), and
                                                                       21                                                   ‘‘(II) the distribution of such
                                                                       22                                          amounts by the Office of the Retire-
                                                                       23                                          ment Savings Lost and Found shall




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                                                                       24                                          be treated as a distribution from an
                                                                       25                                          individual retirement plan.’’.


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                                                                         1                                 (D) EFFECTIVE DATE.—The amendments
                                                                         2                        made by this paragraph shall apply to vested
                                                                         3                        benefits with respect to participants who sepa-
                                                                         4                        rate from service connected to the plan in plan
                                                                         5                        years beginning after the second December 31
                                                                         6                        occurring after the date of the enactment of
                                                                         7                        this Act.
                                                                         8              (d) BETTER REPORTING FOR MANDATORY TRANS-
                                                                         9     FERS.—

                                                                       10                         (1) IN GENERAL.—Paragraph (2) of section
                                                                       11               6057(a) of the Internal Revenue Code of 1986 is
                                                                       12               amended—
                                                                       13                                  (A) in subparagraph (C)—
                                                                       14                                          (i) by striking ‘‘during such plan
                                                                       15                                  year’’ in clause (i) and inserting ‘‘during
                                                                       16                                  the plan year immediately preceding such
                                                                       17                                  plan year’’;
                                                                       18                                          (ii) by adding ‘‘and’’ at the end of
                                                                       19                                  clause (i); and
                                                                       20                                          (iii) by striking clause (iii);
                                                                       21                                  (B) by redesignating subparagraph (E) as
                                                                       22                         subparagraph (G);
                                                                       23                                  (C) by striking ‘‘and’’ at the end of sub-




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                                                                       24                         paragraph (D); and




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                                                                         1                                 (D) by inserting after subparagraph (D)
                                                                         2                        the following new subparagraphs:
                                                                         3                                 ‘‘(E) the name and taxpayer identifying
                                                                         4                        number of each participant or former partici-
                                                                         5                        pant in the plan—
                                                                         6                                         ‘‘(i) who, during the current plan year
                                                                         7                                 or any previous plan year, was reported
                                                                         8                                 under subparagraph (C), and with respect
                                                                         9                                 to whom the benefits described in subpara-
                                                                       10                                  graph (C)(ii) were fully paid during the
                                                                       11                                  plan year,
                                                                       12                                          ‘‘(ii) with respect to whom any
                                                                       13                                  amount was distributed under section
                                                                       14                                  401(a)(31)(B) during the plan year, or
                                                                       15                                          ‘‘(iii) with respect to whom a deferred
                                                                       16                                  annuity contract was distributed during
                                                                       17                                  the plan year,
                                                                       18                                  ‘‘(F) in the case of a participant or former
                                                                       19                         participant to whom subparagraph (E) ap-
                                                                       20                         plies—
                                                                       21                                          ‘‘(i) in the case of a participant de-
                                                                       22                                  scribed in clause (ii) thereof, the name and
                                                                       23                                  address of the designated trustee or issuer




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                                                                       24                                  described in section 401(a)(31)(B)(i) and
                                                                       25                                  the account number of the individual re-


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                                                                         1                                 tirement plan to which the amount was
                                                                         2                                 distributed, and
                                                                         3                                          ‘‘(ii) in the case of a participant de-
                                                                         4                                 scribed in clause (iii) thereof, the name
                                                                         5                                 and address of the issuer of such annuity
                                                                         6                                 contract and the contract or certificate
                                                                         7                                 number, and’’.
                                                                         8                        (2) RULES RELATING TO DIRECT TRUSTEE-TO-
                                                                         9              TRUSTEE TRANSFERS.—

                                                                       10                                  (A) IN GENERAL.—Paragraph (6) of sec-
                                                                       11                         tion 402(e) of such Code is amended—
                                                                       12                                           (i) by striking ‘‘TRANSFERS.—Any’’
                                                                       13                                  and inserting ‘‘TRANSFERS.—
                                                                       14                                  ‘‘(A) IN GENERAL.—Any’’; and
                                                                       15                                           (ii) by adding at the end the following
                                                                       16                                  new subparagraph:
                                                                       17                                  ‘‘(B) NOTIFICATION OF TRUSTEE.—In the
                                                                       18                         case         of        a        distribution               under        section
                                                                       19                         401(a)(31)(B), the plan administrator shall no-
                                                                       20                         tify the designated trustee or issuer described
                                                                       21                         in clause (i) thereof that the transfer is a man-
                                                                       22                         datory distribution required by such section.’’.
                                                                       23                                  (B) PENALTY.—Subsection (i) of section




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                                                                       24                         6652 of such Code is amended—




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                                                                         1                                         (i) by striking ‘‘TO RECIPIENTS’’ in
                                                                         2                                 the heading and inserting ‘‘OR NOTIFICA-
                                                                         3                                 TION’’;

                                                                         4                                         (ii) by striking ‘‘402(f),’’ and insert-
                                                                         5                                 ing ‘‘402(f) or a notification as required by
                                                                         6                                 section 402(e)(6)(B),’’; and
                                                                         7                                         (iii) by striking ‘‘such written expla-
                                                                         8                                 nation’’ and inserting ‘‘such written expla-
                                                                         9                                 nation or notification’’.
                                                                       10                                  (C) REPORTS.—Subsection (i) of section
                                                                       11                         408 of such Code is amended—
                                                                       12                                          (i) by redesignating subparagraphs
                                                                       13                                  (A) and (B) of paragraph (2) as clauses (i)
                                                                       14                                  and (ii), respectively, and by moving such
                                                                       15                                  clauses 2 ems to the right;
                                                                       16                                          (ii) by redesignating paragraphs (1)
                                                                       17                                  and (2) as subparagraphs (A) and (B), re-
                                                                       18                                  spectively, and by moving such subpara-
                                                                       19                                  graphs 2 ems to the right; and
                                                                       20                                          (iii) by striking ‘‘as the Secretary pre-
                                                                       21                                  scribes’’ in subparagraph (B)(ii), as so re-
                                                                       22                                  designated, and all that follows through ‘‘a
                                                                       23                                  simple retirement account’’ and inserting




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                                                                       24                                  ‘‘as the Secretary prescribes.




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                                                                         1                        ‘‘(3) SIMPLE RETIREMENT ACCOUNTS.—In the
                                                                         2              case of a simple retirement account’’;
                                                                         3                                         (iv)       by       striking           ‘‘REPORTS.—The
                                                                         4                                 trustee of’’ and inserting ‘‘REPORTS.—
                                                                         5                        ‘‘(1) IN GENERAL.—The trustee of’’;
                                                                         6                                         (v) by striking ‘‘under paragraph (2)’’
                                                                         7                                 in paragraph (3), as redesignated by clause
                                                                         8                                 (iii), and inserting ‘‘under paragraph
                                                                         9                                 (1)(B)’’; and
                                                                       10                                          (vi) by inserting after paragraph
                                                                       11                                  (1)(B)(ii), as redesignated by the pre-
                                                                       12                                  ceding clauses, the following new para-
                                                                       13                                  graph:
                                                                       14                         ‘‘(2) MANDATORY DISTRIBUTIONS.—In the case
                                                                       15               of an account, contract, or annuity to which a trans-
                                                                       16               fer under section 401(a)(31)(B) is made (including
                                                                       17               a transfer from the individual retirement plan to
                                                                       18               which the original transfer under such section was
                                                                       19               made to another individual retirement plan), the re-
                                                                       20               port required by this subsection for the year of the
                                                                       21               transfer and any year in which the information pre-
                                                                       22               viously reported in subparagraph (B) changes
                                                                       23               shall—




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                                                                       24                                  ‘‘(A) identify such transfer as a mandatory
                                                                       25                         distribution required by such section,


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                                                                         1                                 ‘‘(B) include the name, address, and tax-
                                                                         2                        payer identifying number of the trustee or
                                                                         3                        issuer of the individual retirement plan to which
                                                                         4                        the amount is transferred, and
                                                                         5                                 ‘‘(C) be filed with the Pension Benefit
                                                                         6                        Guaranty Corporation as well as with the Sec-
                                                                         7                        retary.’’.
                                                                         8                        (3) NOTIFICATION OF PARTICIPANTS UPON SEP-
                                                                         9              ARATION.—Subsection                         (e) of section 6057 of such
                                                                       10               Code is amended by inserting ‘‘, and, with respect
                                                                       11               to any benefit of the individual subject to section
                                                                       12               401(a)(31)(B), a notice of availability of, and the
                                                                       13               contact information for, the Retirement Savings
                                                                       14               Lost and Found established under section 323(a)(1)
                                                                       15               of the Retirement Security and Savings Act of
                                                                       16               2021’’ before the period at the end of the second
                                                                       17               sentence.
                                                                       18                         (4) EFFECTIVE DATE.—The amendments made
                                                                       19               by this subsection shall apply to distributions made
                                                                       20               in, and returns and reports relating to, years begin-
                                                                       21               ning after the second December 31 occurring after
                                                                       22               the date of the enactment of this Act.
                                                                       23               (e) REQUIREMENT OF ELECTRONIC FILING.—




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                                                                         1                        (1) IN GENERAL.—Paragraph (2) of section
                                                                         2              6011(e) of the Internal Revenue Code of 1986 is
                                                                         3              amended—
                                                                         4                                 (A) by redesignating subparagraphs (A)
                                                                         5                        and (B) as clauses (i) and (ii), respectively, and
                                                                         6                        by moving such clauses 2 ems to the right;
                                                                         7                                 (B) by striking ‘‘REGULATIONS.—In pre-
                                                                         8                        scribing’’ and inserting ‘‘REGULATIONS.—
                                                                         9                                 ‘‘(A) IN GENERAL.—In prescribing’’; and
                                                                       10                                  (C) by adding at the end the following new
                                                                       11                         subparagraph:
                                                                       12                                  ‘‘(C) EXCEPTIONS.—Notwithstanding sub-
                                                                       13                         paragraph (A), the Secretary shall require re-
                                                                       14                         turns or reports required under—
                                                                       15                                          ‘‘(i) sections 6057, 6058, and 6059,
                                                                       16                                  and
                                                                       17                                          ‘‘(ii) sections 408(i), 6041, and 6047
                                                                       18                                  to the extent such return or report relates
                                                                       19                                  to the tax treatment of a distribution from
                                                                       20                                  a plan, account, contract, or annuity,
                                                                       21                         to be filed on magnetic media, but only with re-
                                                                       22                         spect to persons who are required to file at
                                                                       23                         least 50 returns during the calendar year which




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                                                                       24                         includes the first day of the plan year to which
                                                                       25                         such returns or reports relate.’’.


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                                                                         1                        (2) EFFECTIVE DATE.—The amendments made
                                                                         2              by this subsection shall apply to returns and reports
                                                                         3              relating to years beginning after the second Decem-
                                                                         4              ber 31 occurring after the date of the enactment of
                                                                         5              this Act.
                                                                         6              (f) RULEMAKING TO CLARIFY FIDUCIARY DUTIES.—
                                                                         7                        (1) REQUEST FOR INFORMATION.—Not later
                                                                         8              than 1 year after the date of enactment of this Act,
                                                                         9              the Secretary of Labor, in consultation with the Sec-
                                                                       10               retary of the Treasury, shall issue a request for in-
                                                                       11               formation relating to the rulemaking described in
                                                                       12               paragraph (2).
                                                                       13                         (2) ISSUANCE OF FINAL RULE.—Not later than
                                                                       14               3 years after such date, the Secretary of Labor, in
                                                                       15               consultation with the Secretary of the Treasury,
                                                                       16               shall issue a final rule that defines the following:
                                                                       17                                  (A) The steps a plan sponsor must take to
                                                                       18                         locate a deferred vested participant in order to
                                                                       19                         meet its fiduciary duty under section 404 of the
                                                                       20                         Employee Retirement Income Security Act of
                                                                       21                         1974 with respect to locating that participant.
                                                                       22                                  (B) The ongoing practices and procedures
                                                                       23                         a plan sponsor must institute in order to meet




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                                                                       24                         such fiduciary duty with respect to maintaining




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                                                                                                                             147
                                                                         1                        up-to-date contact information on deferred vest-
                                                                         2                        ed participants.
                                                                         3            TITLE IV—DEFINED BENEFIT
                                                                         4                  PLAN REFORMS
                                                                         5     SEC. 401. CASH BALANCE.

                                                                         6              (a) IN GENERAL.—Section 414, as amended by this
                                                                         7 Act, is further amended by adding at the end the following
                                                                         8 new subsection:
                                                                         9              ‘‘(cc) PROJECTED INTEREST CREDITING RATE.—
                                                                       10 For purposes of this part, in the case of an applicable de-
                                                                       11 fined benefit plan which provides variable interest cred-
                                                                       12 iting rates, the interest crediting rate which is treated as
                                                                       13 in effect and as the projected interest crediting rate shall
                                                                       14 be a reasonable projection of such variable interest cred-
                                                                       15 iting rate, not to exceed 6 percent.’’.
                                                                       16               (b) AMENDMENT OF EMPLOYEE RETIREMENT IN-
                                                                       17      COME SECURITY ACT OF 1974.—Section 210 of the Em-

                                                                       18 ployee Retirement Income Security Act of 1974 (29
                                                                       19 U.S.C. 1060) is amended by adding at the end the fol-
                                                                       20 lowing new subsection:
                                                                       21               ‘‘(g) PROJECTED INTEREST CREDITING RATE.—For
                                                                       22 purposes of this title, in the case of an applicable defined
                                                                       23 benefit plan (within the meaning of section 203(f)(3))




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                                                                       24 which provides variable interest crediting rates, the inter-
                                                                       25 est crediting rate which is treated as in effect and as the


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                                                                                                                             148
                                                                         1 projected interest crediting rate shall be a reasonable pro-
                                                                         2 jection of such variable interest crediting rate, not to ex-
                                                                         3 ceed 6 percent.’’.
                                                                         4              (c) EFFECTIVE DATE.—The amendments made by
                                                                         5 this section shall apply with respect to years beginning
                                                                         6 after the date of the enactment of this Act.
                                                                         7     SEC. 402. ALIGNING USE OF LOOKBACK MONTHS TO DE-

                                                                         8                             TERMINE INTEREST RATES.

                                                                         9              (a) IN GENERAL.—The Secretary of the Treasury (or
                                                                       10 the Secretary’s delegate) shall modify Treasury Regula-
                                                                       11 tion section 1.417(e)–1(d)(10)(ii) (or any successor provi-
                                                                       12 sion) to provide that the same rule applicable to modifica-
                                                                       13 tions of the time for determining the applicable interest
                                                                       14 rate shall apply to modifications of the time for deter-
                                                                       15 mining any interest rate used by a plan to the extent that
                                                                       16 the use of such interest rate is permissible under section
                                                                       17 417(e)(3) of the Internal Revenue Code of 1986. Such
                                                                       18 modified regulations shall require that after any such
                                                                       19 modification of such time under a plan pursuant to this
                                                                       20 section, no further modifications of such time are to be
                                                                       21 permitted for 5 years with respect to such plan without
                                                                       22 the consent of the Secretary of the Treasury (or delegate).
                                                                       23               (b) EFFECTIVE DATE.—The modifications and




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                                                                       24 amendments required under subsection (a) shall be
                                                                       25 deemed to have been made as of the date of the enactment


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                                                                         1 of this Act, and as of such date all applicable laws shall
                                                                         2 be applied in all respects as though the actions which the
                                                                         3 Secretary of the Treasury (or the Secretary’s delegate) is
                                                                         4 required to take under such subsection had been taken.
                                                                         5     SEC. 403. CORRECTIONS OF MORTALITY TABLES.

                                                                         6              (a) IN GENERAL.—Not later than 6 months after the
                                                                         7 date of the enactment of this Act, the Secretary of the
                                                                         8 Treasury (or the Secretary’s delegate) shall amend the
                                                                         9 regulation relating to ‘‘Mortality Tables for Determining
                                                                       10 Present Value Under Defined Benefit Pension Plans’’ (82
                                                                       11 Fed. Reg. 46388 (October 5, 2017)). Under such amend-
                                                                       12 ment, for valuation dates occurring during or after 2022,
                                                                       13 such mortality improvement rates shall not assume future
                                                                       14 mortality improvements at any age which are greater than
                                                                       15 .78 percent. The Secretary of the Treasury (or delegate)
                                                                       16 shall by regulation modify the .78 percent figure in the
                                                                       17 preceding sentence as necessary to reflect material
                                                                       18 changes in the overall rate of improvement projected by
                                                                       19 the Social Security Administration.
                                                                       20               (b) EFFECTIVE DATE.—The amendments required
                                                                       21 under subsection (a) shall be deemed to have been made
                                                                       22 as of the date of the enactment of this Act, and as of
                                                                       23 such date all applicable laws shall be applied in all respects




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                                                                       24 as though the actions which the Secretary of the Treasury




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                                                                         1 (or the Secretary’s delegate) is required to take under
                                                                         2 such subsections had been taken.
                                                                         3     SEC. 404. CEASE DOUBLE-INDEXING THE VARIABLE RATE

                                                                         4                             PREMIUM.

                                                                         5              (a)         IN        GENERAL.—Clause                            (ii)        of   section
                                                                         6 4006(a)(3)(E) of the Employee Retirement Income Secu-
                                                                         7 rity Act of 1974 (29 U.S.C. 1306(a)(3)(E)(ii)) is amended
                                                                         8 by striking ‘‘the applicable dollar amount under paragraph
                                                                         9 (8)’’ and inserting ‘‘$38’’.
                                                                       10               (b) CONFORMING AMENDMENT.—Subsection (a) of
                                                                       11 section 4006 of the Employee Retirement Income Security
                                                                       12 Act of 1974 (29 U.S.C. 1306(a)) is amended by striking
                                                                       13 paragraph (8).
                                                                       14               (c) TECHNICAL AMENDMENT.—Clause (i) of section
                                                                       15 4006(a)(3)(E) of the Employee Retirement Income Secu-
                                                                       16 rity Act of 1974 (29 U.S.C. 1306(a)(3)(E)) is amended
                                                                       17 by striking ‘‘subparagraph (H)’’ and inserting ‘‘subpara-
                                                                       18 graph (I)’’.
                                                                       19               (d) EFFECTIVE DATE.—The amendments made by
                                                                       20 this section shall apply to plan years beginning after De-
                                                                       21 cember 31, 2021.
                                                                       22      SEC. 405. ENHANCING RETIREE HEALTH BENEFITS IN PEN-

                                                                       23                              SION PLANS.




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                                                                       24               (a) EXTENSION OF TRANSFERS OF EXCESS PENSION
                                                                       25 ASSETS TO RETIREE HEALTH ACCOUNTS.—Paragraph


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                                                                         1 (4) of section 420(b) is amended by striking ‘‘December
                                                                         2 31, 2025’’ and inserting ‘‘December 31, 2031’’.
                                                                         3              (b) DE MINIMIS TRANSFER RULE.—
                                                                         4                        (1) IN         GENERAL.—Subsection                              (e) of section
                                                                         5              420 is amended by adding at the end the following
                                                                         6              new paragraph:
                                                                         7                        ‘‘(7) SPECIAL RULE FOR DE MINIMIS TRANS-
                                                                         8              FERS.—

                                                                         9                                 ‘‘(A) IN GENERAL.—In the case of a trans-
                                                                       10                         fer of an amount which is not more than 1.75
                                                                       11                         percent of the amount determined under para-
                                                                       12                         graph (2)(A) by a plan which meets the re-
                                                                       13                         quirements of subparagraph (B), paragraph
                                                                       14                         (2)(B) shall be applied by substituting ‘110
                                                                       15                         percent’ for ‘125 percent’.
                                                                       16                                  ‘‘(B)        TWO-YEAR                 LOOKBACK                 REQUIRE-

                                                                       17                         MENT.—A              plan is described in this subpara-
                                                                       18                         graph if, as of any valuation date in each of the
                                                                       19                         2 plan years immediately preceding the plan
                                                                       20                         year in which the transfer occurs, the amount
                                                                       21                         determined under paragraph (2)(A) with re-
                                                                       22                         spect to such plan exceeded 110 percent of the
                                                                       23                         sum of the funding target and the target nor-




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                                                                       24                         mal cost determined under section 430 for such
                                                                       25                         plan year.’’.


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                                                                         1                        (2) COST              MAINTENANCE                    PERIOD.—Subpara-

                                                                         2              graph (D) of section 420(c)(3) is amended by strik-
                                                                         3              ing ‘‘5 taxable years’’ and inserting ‘‘5 taxable years
                                                                         4              (7 taxable years in the case of a transfer to which
                                                                         5              subsection (e)(7) applies)’’.
                                                                         6                        (3) CONFORMING AMENDMENTS.—
                                                                         7                                 (A) EXCESS PENSION ASSETS.—Clause (i)
                                                                         8                        of section 420(f)(2)(B) is amended—
                                                                         9                                         (i) by striking ‘‘IN                      GENERAL.—In’’

                                                                       10                                  and inserting ‘‘IN GENERAL.—
                                                                       11                                                   ‘‘(I) DETERMINATION.—In’’,
                                                                       12                                          (ii) by striking ‘‘subsection (e)(2)’’
                                                                       13                                  and inserting ‘‘subsection (e)(2)(B)’’, and
                                                                       14                                          (iii) by adding at the end the fol-
                                                                       15                                  lowing new subclause:
                                                                       16                                                   ‘‘(II) SPECIAL RULE FOR COL-
                                                                       17                                          LECTIVELY                    BARGAINED                 TRANS-

                                                                       18                                          FERS.—In determining excess pension

                                                                       19                                          assets for purposes of a collectively
                                                                       20                                          bargained transfer, subsection (e)(7)
                                                                       21                                          shall not apply.’’.
                                                                       22                                  (B) MINIMUM COST.—Subclause (I) of sec-
                                                                       23                         tion 420(f)(2)(D)(i) is amended by striking




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                                                                       24                         ‘‘4th year’’ and inserting ‘‘4th year (the 6th




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                                                                                                                             153
                                                                         1                        year in the case of a transfer to which sub-
                                                                         2                        section (e)(7) applies)’’.
                                                                         3              (c) AMENDMENT OF EMPLOYEE RETIREMENT IN-
                                                                         4     COME SECURITY ACT OF 1974.—

                                                                         5                        (1) DEFINITIONS.—Section 101(e)(3) of the
                                                                         6              Employee Retirement Income Security Act of 1974
                                                                         7              (29 U.S.C. 1021(e)(3)) is amended by striking ‘‘(as
                                                                         8              in effect on the date of the enactment of the Surface
                                                                         9              Transportation and Veterans Health Care Choice
                                                                       10               Improvement Act of 2015)’’ and inserting ‘‘(as in ef-
                                                                       11               fect on the date of the enactment of the Retirement
                                                                       12               Security and Savings Act of 2021)’’.
                                                                       13                         (2) USE OF ASSETS.—Section 403(c)(1) of such
                                                                       14               Act (29 U.S.C. 1103(c)(1)) is amended by striking
                                                                       15               ‘‘(as in effect on the date of the enactment of the
                                                                       16               Surface Transportation and Veterans Health Care
                                                                       17               Choice Improvement Act of 2015)’’ and inserting
                                                                       18               ‘‘(as in effect on the date of the enactment of the
                                                                       19               Retirement Security and Savings Act of 2021)’’.
                                                                       20                         (3) EXEMPTION.—Section 408(b)(13) of such
                                                                       21               Act (29 U.S.C. 1108(b)(13)) is amended—
                                                                       22                                  (A) by striking ‘‘January 1, 2026’’ and in-
                                                                       23                         serting ‘‘January 1, 2032’’; and




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                                                                       24                                  (B) by striking ‘‘(as in effect on the date
                                                                       25                         of the enactment of the Surface Transportation


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                                                                                                                             154
                                                                         1                        and Veterans Health Care Choice Improvement
                                                                         2                        Act of 2015)’’ and inserting ‘‘(as in effect on
                                                                         3                        the date of the enactment of the Retirement Se-
                                                                         4                        curity and Savings Act of 2021)’’.
                                                                         5              (d) EFFECTIVE DATE.—The amendments made by
                                                                         6 this section shall apply to transfers made after the date
                                                                         7 of the enactment of this Act.
                                                                         8TITLE   V—REFORMING   PLAN
                                                                        9    RULES TO HARMONIZE WITH
                                                                       10    IRA RULES
                                                                       11      SEC. 501. ROTH PLAN DISTRIBUTION RULES.

                                                                       12               (a) IN GENERAL.—Subsection (d) of section 402A is
                                                                       13 amended by adding at the end the following new para-
                                                                       14 graph:
                                                                       15                         ‘‘(5) MANDATORY DISTRIBUTION RULES NOT
                                                                       16               TO APPLY BEFORE DEATH.—Notwithstanding                                            sec-
                                                                       17               tions 403(b)(10) and 457(d)(2), the following provi-
                                                                       18               sions shall not apply to any designated Roth ac-
                                                                       19               count:
                                                                       20                                  ‘‘(A) Section 401(a)(9)(A).
                                                                       21                                  ‘‘(B) The incidental death benefit require-
                                                                       22                         ments of section 401(a).’’.
                                                                       23               (b) EFFECTIVE DATE.—




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                                                                       24                         (1) IN GENERAL.—Except as provided in para-
                                                                       25               graph (2), the amendment made by this section shall


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                                                                         1              apply to taxable years beginning after December 31,
                                                                         2              2021.
                                                                         3                        (2) SPECIAL RULE.—The amendment made by
                                                                         4              this section shall not apply to distributions which are
                                                                         5              required with respect to years beginning before Jan-
                                                                         6              uary 1, 2022, but are permitted to be paid on or
                                                                         7              after such date.
                                                                         8     SEC. 502. DISTRIBUTIONS FOR CHARITABLE PURPOSES.

                                                                         9              (a) IN GENERAL.—Section 402 is amended by adding
                                                                       10 at the end the following new subsection:
                                                                       11               ‘‘(m)          DISTRIBUTIONS                    FOR           CHARITABLE            PUR-
                                                                       12      POSES.—

                                                                       13                         ‘‘(1) IN GENERAL.—Gross income for any tax-
                                                                       14               able year shall not include so much of the aggregate
                                                                       15               amount of qualified charitable distributions made
                                                                       16               with respect to a taxpayer during such taxable year
                                                                       17               which does not exceed the applicable amount.
                                                                       18                         ‘‘(2) QUALIFIED CHARITABLE DISTRIBUTION.—
                                                                       19               For purposes of this subsection, the term ‘qualified
                                                                       20               charitable distribution’ means any distribution from
                                                                       21               an eligible retirement plan described in clause (iii),
                                                                       22               (iv), (v), or (vi) of section 402(c)(8)(B)—
                                                                       23                                  ‘‘(A) which is made directly by the plan to




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                                                                       24                         an         organization                     described              in    section
                                                                       25                         170(b)(1)(A) (other than any organization de-


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                                                                                                                             156
                                                                         1                        scribed in section 509(a)(3) or any fund or ac-
                                                                         2                        count described in section 4966(d)(2)), and
                                                                         3                                 ‘‘(B) which is made on or after the date
                                                                         4                        that the individual on whose behalf the distribu-
                                                                         5                        tion is made has attained age 701⁄2.
                                                                         6              A distribution shall be treated as a qualified chari-
                                                                         7              table distribution only to the extent that the dis-
                                                                         8              tribution would be includible in gross income without
                                                                         9              regard to paragraph (1).
                                                                       10                         ‘‘(3) SPECIAL RULES.—
                                                                       11                                  ‘‘(A) IN GENERAL.—Rules similar to the
                                                                       12                         rules of subparagraphs (C) and (E) of section
                                                                       13                         408(d)(8) shall apply for purposes of this sub-
                                                                       14                         section.
                                                                       15                                  ‘‘(B) APPLICATION OF 72.—Rules similar
                                                                       16                         to the rules of section 408(d)(8)(D) shall apply
                                                                       17                         for purposes of this subsection, by taking into
                                                                       18                         account all amounts in the eligible retirement
                                                                       19                         plan to which the taxpayer has a nonforfeitable
                                                                       20                         right in lieu of all amounts in all individual re-
                                                                       21                         tirement plans of the individual.
                                                                       22                         ‘‘(4) APPLICABLE AMOUNT.—For purposes of
                                                                       23               this subsection, the term ‘applicable amount’ means




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                                                                       24               the excess of—
                                                                       25                                  ‘‘(A) $100,000, over


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                                                                                                                             157
                                                                         1                                 ‘‘(B) the total amount of any distributions
                                                                         2                        not includible in gross income of the taxpayer
                                                                         3                        for the taxable year by reason of sections
                                                                         4                        403(b)(16), 408(d)(8), and 457(e)(19).’’.
                                                                         5              (b) SEPS AND SIMPLES.—Subparagraph (B) of
                                                                         6 section 408(d)(8) is amended by striking ‘‘(other than a
                                                                         7 plan described in subsection (k) or (p))’’.
                                                                         8              (c) 403(b) PLANS.—Section 403(b), as amended by
                                                                         9 this Act, is further amended by adding at the end the fol-
                                                                       10 lowing new paragraph:
                                                                       11                         ‘‘(16) DISTRIBUTIONS FOR CHARITABLE PUR-
                                                                       12               POSES.—The rules of section 402(m) shall apply to

                                                                       13               distributions under an annuity contract described in
                                                                       14               this subsection.’’.
                                                                       15               (d) 457(b) PLANS.—Subsection (e) of section 457 is
                                                                       16 amended by adding at the end the following new para-
                                                                       17 graph:
                                                                       18                         ‘‘(19) DISTRIBUTIONS FOR CHARITABLE PUR-
                                                                       19               POSES.—The rules of section 402(m) shall apply to

                                                                       20               distributions under an eligible deferred compensation
                                                                       21               plan established and maintained by an employer de-
                                                                       22               scribed in subsection (e)(1)(A).’’.
                                                                       23               (e) EFFECTIVE DATE.—The amendments made by




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                                                                       24 this section shall apply to distributions made after Decem-
                                                                       25 ber 31, 2021.


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                                                                                                                             158
                                                                         1     SEC. 503. SURVIVING SPOUSE ELECTION TO BE TREATED

                                                                         2                             AS EMPLOYEE.

                                                                         3              (a)         IN        GENERAL.—Clause                           (iv)         of   section
                                                                         4 401(a)(9)(B) is amended—
                                                                         5                        (1) by inserting ‘‘or at the election of the sur-
                                                                         6              viving spouse,’’ after ‘‘begin,’’ in subclause (II); and
                                                                         7                        (2) by adding at the end the following flush
                                                                         8              sentence:
                                                                         9                                 ‘‘An election described in subclause (II)
                                                                       10                                  shall be made at such time and in such
                                                                       11                                  manner as prescribed by the Secretary,
                                                                       12                                  shall include a timely notice to the plan ad-
                                                                       13                                  ministrator, and once made may not be re-
                                                                       14                                  voked except with the consent of the Sec-
                                                                       15                                  retary.’’.
                                                                       16               (b) EFFECTIVE DATE.—The amendment made by
                                                                       17 this section shall apply to distributions with respect to em-
                                                                       18 ployees who die after December 31, 2021.
                                                                       19      SEC. 504. ROLLOVERS FROM ROTH IRAS TO PLANS.

                                                                       20               (a) IN GENERAL.—Subparagraph (B) of section
                                                                       21 402A(c)(3) is amended by striking ‘‘shall not’’ and insert-
                                                                       22 ing ‘‘or, in the case of a rollover from a Roth IRA, under
                                                                       23 section 408 shall not’’.
                                                                       24               (b) REGULATIONS.—The Secretary of the Treasury




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                                                                       25 (or the Secretary’s delegate) shall amend the regulations
                                                                       26 with respect to rollovers from Roth IRAs to permit such
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                                                                                                                             159
                                                                         1 rollovers to be made to an applicable retirement plan (as
                                                                         2 defined in section 402A(e)(1) of the Internal Revenue
                                                                         3 Code of 1986) in accordance with the amendment made
                                                                         4 by subsection (a).
                                                                         5              (c) EFFECTIVE DATE.—
                                                                         6                        (1) IN GENERAL.—The amendment made by
                                                                         7              subsection (a) shall apply to distributions made after
                                                                         8              December 31, 2021.
                                                                         9                        (2) EFFECTIVE DATE.—The modifications and
                                                                       10               amendments required under subsection (b) shall be
                                                                       11               deemed to have been made as of January 1, 2022,
                                                                       12               and as of such date all applicable laws shall be ap-
                                                                       13               plied in all respects as though the actions which the
                                                                       14               Secretary of the Treasury (or the Secretary’s dele-
                                                                       15               gate) is required to take under such subsection had
                                                                       16               been taken.
                                                                       17               TITLE VI—ADMINISTRATIVE
                                                                       18                      PROVISIONS
                                                                       19      SEC. 601. PROVISIONS RELATING TO PLAN AMENDMENTS.

                                                                       20               (a) IN GENERAL.—If this section applies to any re-
                                                                       21 tirement plan or contract amendment—
                                                                       22                         (1) such retirement plan or contract shall be
                                                                       23               treated as being operated in accordance with the




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                                                                       24               terms of the plan during the period described in sub-
                                                                       25               section (b)(2)(A); and


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                                                                                                                             160
                                                                         1                        (2) except as provided by the Secretary of the
                                                                         2              Treasury (or the Secretary’s delegate), such retire-
                                                                         3              ment plan shall not fail to meet the requirements of
                                                                         4              section 411(d)(6) of the Internal Revenue Code of
                                                                         5              1986 and section 204(g) of the Employee Retire-
                                                                         6              ment Income Security Act of 1974 by reason of such
                                                                         7              amendment.
                                                                         8              (b) AMENDMENTS TO WHICH SECTION APPLIES.—
                                                                         9                        (1) IN GENERAL.—This section shall apply to
                                                                       10               any amendment to any retirement plan or annuity
                                                                       11               contract which is made—
                                                                       12                                  (A) pursuant to any amendment made by
                                                                       13                         this Act or pursuant to any regulation issued by
                                                                       14                         the Secretary of the Treasury or the Secretary
                                                                       15                         of Labor (or a delegate of either such Sec-
                                                                       16                         retary) under this Act; and
                                                                       17                                  (B) on or before the last day of the first
                                                                       18                         plan year beginning on or after January 1,
                                                                       19                         2023.
                                                                       20               In the case of a governmental plan (as defined in
                                                                       21               section 414(d) of the Internal Revenue Code of
                                                                       22               1986), this paragraph shall be applied by sub-
                                                                       23               stituting ‘‘2025’’ for ‘‘2023’’.




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                                                                       24                         (2) CONDITIONS.—This section shall not apply
                                                                       25               to any amendment unless—


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                                                                                                                             161
                                                                         1                                 (A) during the period—
                                                                         2                                         (i) beginning on the date the legisla-
                                                                         3                                 tive or regulatory amendment described in
                                                                         4                                 paragraph (1)(A) takes effect (or in the
                                                                         5                                 case of a plan or contract amendment not
                                                                         6                                 required by such legislative or regulatory
                                                                         7                                 amendment, the effective date specified by
                                                                         8                                 the plan); and
                                                                         9                                         (ii) ending on the date described in
                                                                       10                                  paragraph (1)(B) (as modified by the sec-
                                                                       11                                  ond sentence of paragraph (1)) (or, if ear-
                                                                       12                                  lier, the date the plan or contract amend-
                                                                       13                                  ment is adopted),
                                                                       14                         the plan or contract is operated as if such plan
                                                                       15                         or contract amendment were in effect; and
                                                                       16                                  (B) such plan or contract amendment ap-
                                                                       17                         plies retroactively for such period.
                                                                       18               (c) COORDINATION WITH OTHER PROVISIONS RE-
                                                                       19      LATING TO PLAN AMENDMENTS.—

                                                                       20                         (1) SECURE ACT.—Section 601(b)(1) of the
                                                                       21               Setting Every Community Up for Retirement En-
                                                                       22               hancement Act of 2019 is amended—
                                                                       23                                  (A) by striking ‘‘January 1, 2022’’ in sub-




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                                                                       24                         paragraph (B) and inserting ‘‘January 1,
                                                                       25                         2023’’, and


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                                                                                                                             162
                                                                         1                                 (B) by striking ‘‘substituting ‘2024’ for
                                                                         2                        ‘2022’.’’ in the flush matter at the end and in-
                                                                         3                        serting ‘‘substituting ‘2025’ for ‘2023’.’’.
                                                                         4                        (2) CARES ACT.—
                                                                         5                                 (A) SPECIAL RULES FOR USE OF RETIRE-
                                                                         6                        MENT FUNDS.—Section                             2202(c)(2)(A) of the
                                                                         7                        CARES Act is amended by striking ‘‘January
                                                                         8                        1, 2022’’ in clause (ii) and inserting ‘‘January
                                                                         9                        1, 2023’’.
                                                                       10                                  (B) TEMPORARY                      WAIVER OF REQUIRED

                                                                       11                         MINIMUM DISTRIBUTIONS RULES FOR CERTAIN

                                                                       12                         RETIREMENT PLANS AND ACCOUNTS.—Section

                                                                       13                         2203(c)(2)(B)(i) of the CARES Act is amend-
                                                                       14                         ed—
                                                                       15                                          (i) by striking ‘‘January 1, 2022’’ in
                                                                       16                                  subclause (II) and inserting ‘‘January 1,
                                                                       17                                  2023’’, and
                                                                       18                                          (ii) by striking ‘‘substituting ‘2024’
                                                                       19                                  for ‘2022’.’’ in the flush matter at the end
                                                                       20                                  and inserting ‘‘substituting ‘2025’ for
                                                                       21                                  ‘2023’.’’.
                                                                       22                                  (C) TAXPAYER CERTAINTY AND DISASTER
                                                                       23                         TAX           RELIEF               ACT            OF            2020.—Section




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                                                                       24                         302(d)(2)(A) of the Taxpayer Certainty and
                                                                       25                         Disaster Tax Relief Act of 2020 is amended by


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                                                                                                                             163
                                                                         1                        striking ‘‘January 1, 2022’’ in clause (ii) and
                                                                         2                        inserting ‘‘January 1, 2023’’.
                                                                                                                                  Æ




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