[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5792 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5792

 To establish a special rule for determining normal retirement age for 
                certain existing defined benefit plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2014

   Mr. Kind (for himself, Mr. Neal, and Mr. Gerlach) introduced the 
 following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committee on Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a special rule for determining normal retirement age for 
                certain existing defined benefit plans.

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

SECTION 1. CLARIFICATION OF THE NORMAL RETIREMENT AGE.

    (a) Amendments to ERISA.--Section 204 of the Employee Retirement 
Income Security Act of 1974 is amended by redesignating subsection (k) 
as subsection (l) and by inserting after subsection (j) the following 
new subsection:
    ``(k) Special Rule for Determining Normal Retirement Age for 
Certain Existing Defined Benefit Plans.--
            ``(1) In general.--For purposes of section 3(24), an 
        applicable plan shall not be treated as failing to meet any 
        requirement of this title, or as failing to have a uniform 
        normal retirement age for purposes of this title, solely 
        because the plan has adopted the normal retirement age 
        described in paragraph (2).
            ``(2) Applicable plan.--For purposes of this subsection--
                    ``(A) In general.--The term `applicable plan' means 
                a defined benefit plan that, on or before the date of 
                the introduction of this subsection, has adopted a 
                normal retirement age which is the earlier of--
                            ``(i) an age otherwise permitted under 
                        section 3(24), or
                            ``(ii) the age at which a participant 
                        completes the number of years (not less than 30 
                        years) of benefit accrual service specified by 
                        the plan.
                A plan shall not fail to be treated as an applicable 
                plan solely because, as of such date, the normal 
                retirement age described in the preceding sentence only 
                applied to certain participants or to certain employers 
                participating in the plan.
                    ``(B) Expanded application.--Subject to 
                subparagraph (C), if, after the date described in 
                subparagraph (A), an applicable plan expands the 
                application of the normal retirement age described in 
                subparagraph (A) to additional participants or 
                participating employers, such plan shall be treated as 
                an applicable plan also with respect to such 
                participants or participating employers.
                    ``(C) Limitation on expanded application.--A 
                defined benefit plan shall be an applicable plan only 
                with respect to an individual who--
                            ``(i) is a participant in the plan on or 
                        before January 1, 2017, or
                            ``(ii) is an employee at any time on or 
                        before January 1, 2017 of any employer 
                        participating in the plan, and who becomes a 
                        participant in such plan after such date.''.
    (b) Amendment to 1986 Code.--Section 411 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new 
subsection:
    ``(f) Special Rule for Determining Normal Retirement Age for 
Certain Existing Defined Benefit Plans.--
            ``(1) In general.--For purposes of subsection (a)(8), an 
        applicable plan shall not be treated as failing to meet any 
        requirement of this subchapter, or as failing to have a uniform 
        normal retirement age for purposes of this subchapter, solely 
        because the plan has adopted the normal retirement age 
        described in paragraph (2).
            ``(2) Applicable plan.--For purposes of this subsection--
                    ``(A) In general.--The term `applicable plan' means 
                a defined benefit plan that, on or before the date of 
                the introduction of this subsection, has adopted a 
                normal retirement age which is the earlier of--
                            ``(i) an age otherwise permitted under 
                        subsection (a)(8), or
                            ``(ii) the age at which a participant 
                        completes the number of years (not less than 30 
                        years) of benefit accrual service specified by 
                        the plan.
                A plan shall not fail to be treated as an applicable 
                plan solely because, as of such date, the normal 
                retirement age described in the preceding sentence only 
                applied to certain participants or to certain employers 
                participating in the plan.
                    ``(B) Expanded application.--Subject to 
                subparagraph (C), if, after the date described in 
                subparagraph (A), an applicable plan expands the 
                application of the normal retirement age described in 
                subparagraph (A) to additional participants or 
                participating employers, such plan shall be treated as 
                an applicable plan also with respect to such 
                participants or participating employers.
                    ``(C) Limitation on expanded application.--A 
                defined benefit plan shall be an applicable plan only 
                with respect to an individual who--
                            ``(i) is a participant in the plan on or 
                        before January 1, 2017, or
                            ``(ii) is an employee at any time on or 
                        before January 1, 2017, of any employer 
                        participating in the plan, and who becomes a 
                        participant in such plan after such date.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all periods before, on, and after the date of enactment of 
this Act.
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