```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2130 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 2130

   To amend the Internal Revenue Code of 1986 to provide additional 
 retirement savings opportunities for small employers, including self-
                         employed individuals.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 June 4 (legislative day, June 2), 1998

   Mr. Grams 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 provide additional 
 retirement savings opportunities for small employers, including self-
                         employed individuals.

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

SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Small Employer 
Nest Egg Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

SEC. 2. QUALIFIED SMALL EMPLOYER PLAN.

    (a) In General.--Section 401 is amended by redesignating subsection 
(o) as subsection (p) and by inserting after subsection (n) the 
following new subsection:
    ``(o) Qualified Small Employer Plan.--
            ``(1) In general.--A trust created or organized in the 
        United States and forming part of a small employer plan of a 
        small employer for the exclusive benefit of its employees or 
        their beneficiaries constitutes a qualified trust under 
        subsection (a) if such plan meets the requirements of paragraph 
        (2).
            ``(2) Requirements.--A plan meets the requirements of this 
        paragraph if--
                    ``(A) such plan is the only qualified retirement 
                plan of a small employer,
                    ``(B) the plan year for such plan is the calendar 
                year,
                    ``(C) as of the 1st day of the plan year, such plan 
                covers all eligible employees of the employer,
                    ``(D) such plan meets the contribution requirements 
                of paragraph (4),
                    ``(E) such plan meets the vesting requirements of 
                paragraph (5),
                    ``(F) such plan meets the funding requirements of 
                section 412, if applicable, and
                    ``(G) such plan meets the other requirements 
                specified in paragraph (6).
            ``(3) Eligible employee.--For purposes of paragraph (2)(C), 
        the term `eligible employee' means an individual who--
                    ``(A) has attained age 21, and
                    ``(B) has completed not less than 1,000 hours of 
                service for the employer during the calendar year 
                preceding the plan year.
            ``(4) Contributions.--A plan meets the requirements of this 
        paragraph and subsection (l)(2) (relating to permitted 
        disparity) if--
                    ``(A) employer contributions to the plan--
                            ``(i) are not less than 3 percent, and do 
                        not in exceed 10 percent, of compensation of 
                        all participants in the plan, and
                            ``(ii) are allocated to all participants in 
                        the plan on a uniform basis, and
                    ``(B) in the case of discretionary employer 
                contributions--
                            ``(i) such contributions made to the plan 
                        do not exceed 15 percent of compensation and 
                        are allocated to all participants--
                                    ``(I) as a level percentage of 
                                compensation, or
                                    ``(II) under a formula that meets 
                                the requirements of subsection (l), or
                            ``(ii) are made to the same plan to an 
                        arrangement meeting the requirements of 
                        subsection (k), in which case the minimum 3 
                        percent contribution referred to in 
                        subparagraph (A)(i) shall be applied against 
                        the matching contributions of subsection 
                        (k)(12).
            ``(5) Vesting.--
                    ``(A) In general.--A plan satisfies the 
                requirements of this paragraph if it satisfies the 
                requirements of either of the following clauses:
                            ``(i) 3-year vesting.--A plan satisfies the 
                        requirements of this clause if an employee who 
                        has completed at least 3 years of service with 
                        the employer or employers maintaining the plan 
                        has a nonforfeitable right to 100 percent of 
                        his accrued benefit derived from employer 
                        contributions.
                            ``(ii) 6-year graded vesting.--A plan 
                        satisfies the requirements of this clause if an 
                        employee has a nonforfeitable right to a 
                        percentage of his accrued benefit derived from 
                        employer contributions determined under the 
                        following table:

                                                     The nonforfeitable
                    Years of service                   percentage is:  
                            2..............................      20    
                            3..............................      40    
                            4..............................      60    
                            5..............................      80    
                            6 or more......................    100.    
                    ``(B) Certain rules made applicable.--Except to the 
                extent inconsistent with the provisions of this 
                paragraph, the rules of section 411 shall apply for 
                purposes of this subsection.
                    ``(C) Year of service.--For purposes of 
                subparagraph (A), years of service shall be determined 
                under the last sentence of section 410(a)(3)(A).
            ``(6) Other requirements.--
                    ``(A) Arrangement may be only plan of employer.--
                            ``(i) In general.--An arrangement shall not 
                        be treated as a qualified small employer plan 
                        for any year if the employer (or any 
                        predecessor employer) maintained a qualified 
                        plan with respect to which contributions were 
                        made, or benefits were accrued, for service in 
                        any year in the period beginning with the year 
                        such arrangement became effective and ending 
                        with the year for which the determination is 
                        being made. If only individuals other than 
                        employees described in subparagraph (A) or (B) 
                        of section 410(b)(3) are eligible to 
                        participate in such arrangement, then the 
                        preceding sentence shall be applied without 
                        regard to any qualified plan in which only 
                        employees so described are eligible to 
                        participate.
                            ``(ii) Qualified plan.--For purposes of 
                        this subparagraph, the term `qualified plan' 
                        means a plan, contract, pension, or trust 
                        described in subparagraph (A) or (B) of section 
                        219(g)(5).
                            ``(iii) Grace period.--In the case of an 
                        employer who establishes and maintains a plan 
                        under this subsection for 1 or more years and 
                        who fails to meet any requirement of this 
                        subsection for any subsequent year due to any 
                        acquisition, disposition, or similar 
                        transaction involving another such employer, 
                        rules similar to the rules of section 
                        410(b)(6)(C) shall apply for purposes of this 
                        subsection.
                            ``(iv) Rule of construction.--Clauses (i), 
                        (ii), and (iii) shall not be construed to 
                        prevent a rollover contribution that meets the 
                        requirements of section 402(c) or to prevent 
                        the adoption of the qualified small employer 
                        plan as a successor plan.
                    ``(B) Plan may not be esop.--A small employer plan 
                does not meet the requirements of paragraph (1) if such 
                plan is--
                            ``(i) a tax credit employee stock ownership 
                        plan (as defined in section 409(a)), or
                            ``(ii) an employee stock ownership plan (as 
                        defined in section 4975(e)(7)).
                    ``(C) Other applicable provisions.--A plan shall 
                not be treated as a qualified small employer plan 
                unless the plan meets the requirements of the 
                following:
                            ``(i) paragraphs (1), (2), (9), (11), (12), 
                        (13), (14), (15), (16), (17), (19), (20), (22), 
                        (23), (27), (30), and (31) of subsection (a), 
                        and
                            ``(ii) subsections (b), (c), and (d).
            ``(7) Compensation defined.--For purposes of this 
        subsection, the term `compensation' has the meaning given such 
        term by section 404(a)(3)(A)(v).''.
    (b) Definition of Small Employer.--
            (1) In general.--Section 414 (relating to definitions and 
        special rules) is amended by adding at the end the following 
        new subsection:
    ``(v) Small Employer.--For purposes of this part, the term `small 
employer' means an employer (including a professional service 
organization) that, on the 1st day of the plan year, has 100 or fewer 
employees.''.
    (2) Conforming amendments.--
                    (A) Subsections (b) and (c) of section 414 are each 
                amended by inserting ``subsection (v) and'' after ``For 
                purposes of''.
                    (B) Paragraph (3) of section 414(n) is amended by 
                striking ``and'' at the end of subparagraph (B), by 
                striking the period at the end of subparagraph (C) and 
                inserting ``, and'', and by adding at the end the 
                following new subparagraph:
                    ``(D) subsection (v).''.
    (c) Deduction for Contributions of Employer.--Clause (i) of section 
404(a)(3)(A) is amended by striking ``or'' at the end of subclause (I), 
by striking the period at the end of subclause (II) and inserting ``, 
or'', and by adding at the end the following new subclause:
                            ``(III) the amount such employer is allowed 
                        to contribute to such trust under section 
                        401(o) for such year, but not more than 25 
                        percent of aggregate compensation.''.
    (d) Single Annual Entry Date.--
            (1) Definition of year of service.--Subparagraph (A) of 
        section 410(a)(3) of such Code (relating to general rule for 
        definition of year of service) is amended by adding at the end 
        the following: ``In the case of service for an employer who has 
        in effect a qualified small employer plan under section 401(o), 
        computation of any 12-month period shall be made with reference 
        to the first day of the calendar year in which employment of 
        the employee commenced.''.
            (2) Time of participation.--Paragraph (4) of section 410(a) 
        (relating to time of participation) is amended by adding at the 
        end the following: ``In the case of a qualified small employer 
        plan under section 401(o), the preceding sentence shall be 
        applied without regard to subparagraph (B).''.
    (e) Repeal of Top-Heavy Provisions.--
            (1) In general.--Section 416 is repealed, and the table of 
        sections for subpart B of part 1 of subchapter D of chapter 1 
        is amended by striking the item relating to section 416.
            (2) Conforming amendments.--
                    (A) Section 414 is amended by adding at the end the 
                following:
    ``(w) Key Employee.--
            ``(1) In general.--The term `key employee' means an 
        employee who, at any time during the plan year or any of the 4 
        preceding plan years, is--
                    ``(A) an officer of the employer having an annual 
                compensation greater than 50 percent of the amount in 
                effect under section 415(b)(1)(A) for any such plan 
                year,
                    ``(B) 1 of the 10 employees having annual 
                compensation from the employer of more than the 
                limitation in effect under section 415(c)(1)(A) and 
                owning (or considered as owning within the meaning of 
                section 318) the largest interests in the employer,
                    ``(C) a 5-percent owner of the employer, or
                    ``(D) a 1-percent owner of the employer having an 
                annual compensation from the employer of more than 
                $150,000.
        For purposes of subparagraph (A), no more than 50 employees 
        (or, if lesser, the greater of 3 or 10 percent of the 
        employees) shall be treated as officers. For purposes of 
        subparagraph (B), if 2 employees have the same interest in the 
        employer, the employee having greater annual compensation from 
        the employer shall be treated as having a larger interest. Such 
        term shall not include any officer or employee of an entity 
        referred to in section 414(d) (relating to governmental plans). 
        For purposes of determining the number of officers taken into 
        account under subparagraph (A), employees described in section 
        414(q)(5) shall be excluded.
            ``(2) Percentage owners.--
                    ``(A) 5-percent owner.--For purposes of this 
                subsection, the term `5-percent owner' means--
                            ``(i) if the employer is a corporation, any 
                        person who owns (or is considered as owning 
                        within the meaning of section 318) more than 5 
                        percent of the outstanding stock of the 
                        corporation or stock possessing more than 5 
                        percent of the total combined voting power of 
                        all stock of the corporation, or
                            ``(ii) if the employer is not a 
                        corporation, any person who owns more than 5 
                        percent of the capital or profits interest in 
                        the employer.
                    ``(B) 1-percent owner.--For purposes of this 
                paragraph, the term `1-percent owner' means any person 
                who would be described in subparagraph (A) if `1 
                percent' were substituted for `5 percent' each place it 
                appears in subparagraph (A).
                    ``(C) Constructive ownership rules.--For purposes 
                of this paragraph and paragraph (1)(B)--
                            ``(i) subparagraph (C) of section 318(a)(2) 
                        shall be applied by substituting `5 percent' 
                        for `50 percent', and
                            ``(ii) in the case of any employer which is 
                        not a corporation, ownership in such employer 
                        shall be determined in accordance with 
                        regulations prescribed by the Secretary which 
                        shall be based on principles similar to the 
                        principles of section 318 (as modified by 
                        subclause (I)).
            ``(3) Aggregation rules do not apply for purposes of 
        determining ownership in the employer.--The rules of 
        subsections (b), (c), and (m) of section 414 shall not apply 
        for purposes of determining ownership in the employer.
            ``(4) Compensation.--For purposes of this paragraph, the 
        term `compensation' has the meaning given such term by section 
        414(q)(4).''.
                    (B) Subparagraph (B) of section 45A(c)(5) is 
                amended by striking ``section 416(i)(1)(B)'' and 
                inserting ``section 414(w)(2)''.
                    (C) Section 72 is amended--
                            (i) in subsection (m)(5)(C) by striking 
                        ``section 416(i)(1)(B)'' and inserting 
                        ``section 414(w)(2)'', and
                            (ii) in subsection (p)(3)(B)(i) by striking 
                        ``section 416(i)'' and inserting ``section 
                        414(w)''.
                    (D) Paragraph (6) of section 79(d) is amended by 
                striking ``section 416(i)'' and inserting ``section 
                414(w)''.
                    (E) Paragraph (2) of section 125(b) is amended by 
                striking ``section 416(i)(1)'' and inserting ``section 
                414(w)''.
                    (F) Clause (i) of section 280F(6)(D) is amended by 
                striking ``section 416(i)(1)(B)(i)'' and inserting 
                ``section 414(w)(2)(A)''.
                    (G) Section 401 is amended--
                            (i) in subclause (I) of subsection 
                        (a)(9)(C)(ii) by striking ``section 416'' and 
                        inserting ``section 414(w)''.
                            (ii) in subsection (a)(10) by striking 
                        subparagraph (B),
                            (iii) in subsection (h) by striking 
                        ``section 416(i)'' and inserting ``section 
                        414(w)'', and
                            (iv) by amending subparagraph (D) of 
                        subsection (k)(11) to read as follows:
                    ``(D) Definitions.--For purposes of this paragraph, 
                any term used in this paragraph which is also used in 
                section 408(p) shall have the meaning given such term 
                by such section.''.
                    (H) Paragraph (1) of section 408(k) is amended by 
                striking ``annuity--'' and all that follows and 
                inserting ``annuity with respect to which the 
                requirements of paragraphs (2), (3), (4), and (5) of 
                this subsection are met.''.
                    (I) Section 414 is amended--
                            (i) in subsections (b), (c), (m)(4), and 
                        (n)(3)(B) by striking ``415, and 416,'' each 
                        place it appears and inserting ``and 415'',
                            (ii) in subsection (o) by striking ``which 
                        has no top-heavy plans (within the meaning of 
                        section 416(g)) and'',
                            (iii) in subsection (q)(2) by striking 
                        ``section 416(i)(1)'' and inserting ``section 
                        414(w)'', and
                            (iv) in subsection (u)(1)(C) by striking 
                        ``410(b), or 416'' and inserting ``or 410(b)''.
                    (J) Clause (ii) of section 415(k)(2)(F) is amended 
                to read as follows:
                            ``(ii) Key employee.--For purposes of this 
                        subparagraph, the term `key employee' has the 
                        meaning given such term by section 414(w), 
                        except that such term shall not include an 
individual who is a key employee solely by reason of section 
414(w)(1)(A).''.
                    (K) Paragraph (3) of section 419A(d) is amended by 
                striking ``section 416(i)'' and inserting ``section 
                414(w)''.
                    (L) Subparagraph (D) of section 420(e)(1) is 
                amended by striking ``section 416(i)(1)'' and inserting 
                ``section 414(w)''.
                    (M) Clause (ii) of section 469(c)(7)(D) is amended 
                by striking ``section 416(i)(1)(B)'' and inserting 
                ``section 414(w)(2)''.
                    (N) Subparagraph (B) of section 1396(d)(2) is 
                amended by striking ``section 416(i)(1)(B)'' and 
                inserting ``section 414(w)(2)''.
    (f) Compensation.--Subparagraph (A) of section 404(a)(3) (relating 
to stock bonus and profit-sharing trusts) is amended by redesignating 
clause (v) as clause (vi) and by inserting after clause (iv) the 
following new clause:
                            ``(v) Compensation defined.--For purposes 
                        of this paragraph, the term `compensation' 
                        means a participant's compensation (as defined 
                        by section 415(c)(3))''.
    (g) Effective Date.--The amendments made by this section shall 
apply to years beginning after December 31, 1998.

SEC. 3. CREDIT FOR EMPLOYER EXPENSES IN ESTABLISHING QUALIFIED SMALL 
              EMPLOYER RETIREMENT PLANS.

    (a) General Rule.--Subpart D of part IV of subchapter A of chapter 
1 is amended by adding at the end the following new section:

``SEC. 45D. EXPENSES IN ESTABLISHING QUALIFIED SMALL EMPLOYER 
              RETIREMENT PLANS.

    ``(a) General Rule.--For purposes of section 38, the qualified 
small employer retirement plan credit determined under this section for 
the taxable year is an amount equal to 50 percent of the qualified 
retirement plan expenses paid or incurred in the taxable year by an 
eligible small employer.
    ``(b) Limitation.--The credit allowed under subsection (a) shall 
not exceed--
            ``(1) $2,000 for the taxable year in which the qualified 
        small employer retirement plan is adopted, and
            ``(2) $1,000 for each of the 4 years following the year in 
        which such plan was adopted and zero thereafter.
    ``(c) Definitions.--For purposes of subsection (a)--
            ``(1) Qualified retirement plan expense.--The term 
        `qualified retirement plan expense' means an expense--
                    ``(A) for establishing, maintaining, and 
                administering a qualified small employer retirement 
                plan, and
                    ``(B) for educating employees with respect to such 
                plan.
            ``(2) Eligible small employer.--The term `eligible small 
        employer' means a small employer (as defined in section 414(v)) 
        who has in effect a qualified small employer retirement plan on 
        or before December 31, 2000.
            ``(3) Qualified small employer retirement plan.--The term 
        `qualified small employer retirement plan' means a small 
        employer plan established under section 401(o).''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 is amended by striking ``plus'' at the end of paragraph 
(11), by striking the period at the end of paragraph (12) and inserting 
``, plus'', and by adding at the end thereof the following new 
paragraph:
            ``(13) the qualified small employer retirement plan credit 
        determined under section 45D(a).''.
    (c) Credit Allowed Against Regular and Minimum Tax.--
            (1) In general.--Subsection (c) of section 38 (relating to 
        limitation based on amount of tax) is amended by redesignating 
        paragraph (3) as paragraph (4) and by inserting after paragraph 
        (2) the following new paragraph:
            ``(3) Special rules for qualified small employer retirement 
        plan credit.--
                    ``(A) In general.--In the case of the qualified 
                small employer retirement plan credit--
                            ``(i) this section and section 39 shall be 
                        applied separately with respect to the credit, 
                        and
                            ``(ii) in applying paragraph (1) to the 
                        credit--
                                    ``(I) subparagraph (A) thereof 
                                shall not apply, and
                                    ``(II) the limitation under 
                                paragraph (1) (as modified by subclause 
                                (I)) shall be reduced by the credit 
                                allowed under subsection (a) for the 
                                taxable year (other than the qualified 
                                small employer retirement plan credit).
                    ``(B) Qualified small employer retirement plan 
                credit.--For purposes of this subsection, the term 
                `qualified small employer retirement plan credit' means 
                the credit allowable under subsection (a) by reason of 
                section 45D(a).''.
            (2) Conforming amendment.--Subclause (II) of section 
        38(c)(2)(A)(ii) is amended by inserting ``or the qualified 
        small employer retirement plan credit'' after ``employment 
        credit''.
    (d) Limitation on Carryback.--Subsection (d) of section 39 is 
amended by adding at the end thereof the following new paragraph:
            ``(7) No carryback of qualified small employer retirement 
        plan credit before effective date.--No portion of the unused 
        business credit for any taxable year which is attributable to 
        the credit determined under section 45D may be carried back to 
        any taxable year ending before the date of the enactment of 
        section 45D.''.
    (e) Deduction for Certain Unused Business Credits.--Subsection (c) 
of section 196 is amended by striking ``and'' at the end of paragraph 
(6), by striking the period at the end of paragraph (7) and inserting 
``, and'', and by adding after paragraph (7) the following new 
paragraph:
            ``(8) the qualified small employer retirement plan credit 
        determined under section 45D.''.
    (f) Denial of Double Benefit.--Section 280C is amended by adding at 
the end thereof the following new subsection:
    ``(d) Credit for Qualified Small Employer Retirement Plan 
Expenses.--No deduction shall be allowed for that portion of the 
expenses referred to in section 45D(c)(1) otherwise allowable as a 
deduction for the taxable year which is equal to the amount of the 
credit determined for such taxable year under section 45D(a).''.
    (g) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

                              ``Sec. 45D. Expenses in establishing 
                                        qualified small employer 
                                        retirement plans.''.
    (h) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 4. IMPLEMENTATION.

    (a) Model Plan.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of the Treasury shall issue a 
model small employer retirement plan that meets the requirements of 
section 401(o) of the Internal Revenue Code of 1986.
    (b) Simplified Annual Filing Requirement for Owners and Their 
Spouses.--
            (1) In general.--The Secretary of the Treasury shall modify 
        the requirements for filing annual returns with respect to one-
        participant retirement plans to ensure that such plans with 
        assets of $500,000 or less as of the close of the plan year 
        need not file a return for that year.
            (2) One-participant retirement plan defined.--For purposes 
        of this subsection, the term ``one-participant retirement 
        plan'' means a retirement plan that--
                    (A) on the first day of the plan year--
                            (i) covered only the employer (and the 
                        employer's spouse) and the employer owned the 
                        entire business (whether or not incorporated), 
                        or
                            (ii) covered only one or more partners (and 
                        their spouses) in a business partnership,
                    (B) meets the minimum coverage requirements of 
                section 410(b) of the Internal Revenue Code of 1986 
                without being combined with any other plan of the 
                business that covers the employees of the business,
                    (C) does not provide benefits to anyone except the 
                employer (and the employer's spouse) or the partners 
                (and their spouses),
                    (D) does not cover a business that is a member of 
                an affiliated service group, a controlled group of 
                corporations, or a group of businesses under common 
                control, and
                    (E) does not cover a business that leases 
                employees.
            (3) Other definitions.--Terms used in paragraph (2) which 
        are also used in section 414 of the Internal Revenue Code of 
        1986 shall have the respective meanings given such terms by 
        such section.
    (c) Simplified Annual Filing Requirement for Plans With Fewer Than 
25 Employees.--In the case of a retirement plan which covers less than 
25 employees on the 1st day of the plan year and meets the requirements 
described in subparagraphs (B), (D), and (E) of subsection (b)(2), the 
Secretary of the Treasury shall provide for the filing of a simplified 
annual return that is substantially similar to the annual return 
required to be filed by a one-participant retirement plan.
                                 <all>
```