[Congressional Record Volume 163, Number 196 (Friday, December 1, 2017)]
[Senate]
[Page S7730]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1837. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1618 proposed by Mr. McConnell (for Mr. Hatch (for himself
and Ms. Murkowski)) to the bill H.R. 1, to provide for reconciliation
pursuant to titles II and V of the concurrent resolution on the budget
for fiscal year 2018; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. ONE-TIME WITHDRAWAL OF PENSION SAVINGS AT A 10-
PERCENT TAX RATE.
(a) In General.--Section 72 is amended by redesignating
subsection (x) as subsection (y) and by inserting after
subsection (w) the following new subsection:
``(x) Special Rate for Distributions From Applicable Plans
During 2018.--
``(1) In general.--If a taxpayer receives 1 or more
qualified distributions from 1 or more applicable retirement
plans during the taxpayer's first taxable year beginning
after December 31, 2017, then, notwithstanding any other
provision of this title--
``(A) the tax imposed by this chapter for such taxable year
shall, in lieu of the tax otherwise imposed by this chapter,
be equal to the sum of--
``(i) a tax computed at the rates and in the same manner as
if this subsection had not been enacted on taxable income
reduced by the aggregate qualified distributions of the
taxpayer, plus
``(ii) a tax of 10 percent of such qualified distributions
(or, if less, taxable income), and
``(B) no penalty or addition to tax shall be imposed with
respect to such qualified distributions.
``(2) Qualified distribution.--For purposes of this
subsection--
``(A) In general.--The term `qualified distribution' means,
with respect to any applicable retirement plan, any
applicable distribution received by a taxpayer from the plan
to the extent that such distribution, when added to all other
applicable distributions received by the taxpayer from the
plan during such taxable year, does not exceed 25 percent of
the aggregate balance to the credit of the individual
(whether as a participant, owner, or beneficiary) in the plan
(determined as of the close of the calendar year preceding
the calendar year in which the taxable year begins).
``(B) Applicable distribution.--
``(i) In general.--The term `applicable distribution' means
any distribution received by a taxpayer from an applicable
retirement plan which is includible in gross income of the
taxpayer.
``(ii) Exception for required distributions.--Such term
shall not include any minimum required distribution (as
defined in section 4974(b)) from an applicable retirement
plan for any taxable year and the 25-percent amount under
subparagraph (A) shall be reduced by the amount of such
distributions.
``(C) Aggregation.--A taxpayer may elect to treat all
applicable retirement plans as 1 plan for purposes of
applying this section and may allocate qualified
distributions among such plans in such manner as specified in
the election.
``(3) Applicable retirement plan.--The term `applicable
retirement plan' means--
``(A) a defined contribution plan to which section 401(a)
or 403(a) applies,
``(B) an annuity contract under section 403(b),
``(C) an eligible deferred compensation plan described in
section 457(b) which is maintained by an eligible employer
described in section 457(e)(1)(A), or
``(D) an individual retirement plan.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2017.
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