[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4455 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4455

  To clarify the status of retirement benefits provided by the Young 
Women's Christian Association Retirement Fund under the benefit accrual 
   standards of the Employee Retirement Income Security Act of 1974.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To clarify the status of retirement benefits provided by the Young 
Women's Christian Association Retirement Fund under the benefit accrual 
   standards of the Employee Retirement Income Security Act of 1974.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``YWCA Retirement Plan Preservation 
Act of 2005''.

SEC. 2. CLARIFICATION OF AGE DISCRIMINATION RULES.

    (a) In General.--A pension plan described in subsection (b) shall 
not be treated as failing to meet the requirements of section 
204(b)(1)(H)(i) of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1054(b)(1)(H)(i)) or section 4(i)(1)(A) of the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 623(i)(1)(A)) 
merely because it may reasonably be expected that the period over which 
interest credits will be made to a participant's accumulation account 
(or its equivalent) under the plan is longer for a younger participant. 
This subsection shall not apply to any plan if the rate of any pay 
credit or interest credit to such an account under the plan decreases 
by reason of the participant's attainment of any age.
    (b) Pension Plan Described.--A pension plan described in this 
subsection is the defined benefit plan (as defined in section 3(35) of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1002(35)) maintained as of December 6, 2005, by the Young Women's 
Christian Association Retirement Fund, a corporation created by an Act 
of the State of New York which became law on April 12, 1924.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to periods 
beginning on or after the date of the enactment of this Act, except 
that such amendments shall apply in the case of any civil action 
brought on or after such date by one or more participants, 
beneficiaries, or fiduciaries against--
            (1) the Young Women's Christian Association Retirement 
        Fund,
            (2) any local association of the Young Women's Christian 
        Association of the United States of America (or any tax-exempt 
        successor organization to a local association),
            (3) the Young Women's Christian Association of the United 
        States of America, or
            (4) any trustee, director, or employee of any entity 
        described in paragraph (1), (2), or (3),
alleging a violation (of section 204(b)(1)(H) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1)(H)), 
section 4(i)(1)(A) of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 623(i)(1)(A)), or both) occurring before, on, or after the 
date of the enactment of this Act.
                                 <all>