[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1206 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1206

To amend title I of the Employee Retirement Income Security Act of 1974 
and the Age Discrimination in Employment Act of 1967 to clarify the age 
 discrimination rules applicable to the pension plan maintained by the 
          Young Women's Christian Association Retirement Fund.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2007

Ms. Murkowski (for herself, Ms. Stabenow, and Ms. Landrieu) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend title I of the Employee Retirement Income Security Act of 1974 
and the Age Discrimination in Employment Act of 1967 to clarify the age 
 discrimination rules applicable to the pension plan maintained by the 
          Young Women's Christian Association Retirement Fund.

    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 ``Young Women's Christian Association 
Pension Clarification Act of 2007''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Young Women's Christian Association Pension Plan is 
        a multiple employer plan (subject to the requirements of 
        section 210 of the Employee Retirement Income Security Act of 
        1974) which is maintained by a corporation created by State law 
        prior to the enactment of the Employee Retirement Income 
        Security Act of 1974 and the Age Discrimination in Employment 
        Act of 1967 and whose primary purpose is the maintenance of 
        retirement programs.
            (2) No applicable plan amendment, as defined in clause (v) 
        of section 204(b)(5)(B) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(v)) (added by 
        section 701(a) of the Pension Protection Act of 2006 (Public 
        Law 109-280; 120 Stat. 982)) and clause (v) of section 
        4(i)(10)(B) of the Age Discrimination in Employment Act of 1967 
        (29 U.S.C. 623(i)(10)(B)(v)) (added by section 701(c) of the 
        Pension Protection Act of 2006 (Public Law 109-280; 120 Stat. 
        986)), or any applicable plan amendment causing a participant's 
        accrued benefit to be less than the amount described in clause 
        (iii) of such section 204(b)(5)(B) or clause (iii) of such 
        section 4(i)(10)(B), has ever been made to the Young Women's 
        Christian Association Pension Plan.
            (3) Under the terms of the Young Women's Christian 
        Association Pension Plan, as in effect as of June 29, 2005, all 
        pension benefits of all participants under the plan are 
        immediately nonforfeitable.
            (4) As of April 25, 2007, the Young Women's Christian 
        Association Pension Plan provides--
                    (A) for periods including June 29, 2005, and ending 
                on or before December 31, 2007, a credit to the account 
                of each participant equal to 40 percent of the pay 
                credit provided to such participant and interest 
                credits determined for each plan year at the average of 
                the annual rates of interest on 10-year Treasury 
                securities during a designated period in the preceding 
                plan year, and
                    (B) for periods beginning on or after January 1, 
                2008, interest credits which satisfy the requirements 
                of section 204(b)(5)(B)(i) of the Employee Retirement 
                Income Security Act of 1974 (29 U.S.C. 
                1054(b)(5)(B)(i)) (added by section 701(a) of the 
                Pension Protection Act of 2006 (Public Law 109-280; 120 
                Stat. 981)) and section 4(i)(10)(B)(i) of the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 
                623(i)(10)(B)(i)) (added by section 701(c) of the 
                Pension Protection Act of 2006 (Public Law 109-280; 120 
                Stat. 989)).
    (b) Purpose.--The purpose of this Act is to clarify the age 
discrimination rules under section 204(b)(1)(H) of the Employee 
Retirement Income Security Act of 1974 and section 4(i)(1) of the Age 
Discrimination in Employment Act of 1967, as they relate to periods 
prior to June 29, 2005, during which violations of such rules are 
alleged to have occurred in civil actions commenced on or after April 
25, 2007.

SEC. 3. CLARIFICATION OF AGE DISCRIMINATION RULES.

    (a) In General.--In the case of any civil action which--
            (1) is commenced on or after April 25, 2007, and
            (2) alleges 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)) or section 4(i)(1) of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 623(i)(1)) occurring before 
        June 29, 2005, with respect to any benefit provided under the 
        Young Women's Christian Association Pension Plan,
such sections 204(b)(1)(H) and 4(i)(1) shall be applied as if paragraph 
(5) of section 204(b) of the Employee Retirement Income Security Act of 
1974 (as added by section 701(a)(1) of the Pension Protection Act of 
2006 (29 U.S.C. 1054(b)(5); 120 Stat. 981) and paragraph (10) of 
section 4(i) of the Age Discrimination in Employment Act of 1967 (29 
U.S.C. 623(i)(10); 120 Stat. 998) applied to any period in which such 
alleged violation occurred.
    (b) Young Women's Christian Association Pension Plan.--For purposes 
of this Act, the term ``Young Women's Christian Association Pension 
Plan'' means the defined benefit plan (as defined in section 3(35) of 
the Employee Retirement Income Security Act of 1974) established on 
January 1, 1926, and maintained 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.
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