I 

116TH CONGRESS 

1ST SESSION H. R. 4043 

To amend the Internal Revenue Code of 1986 to protect employees in the 

building and construction industry who are participants in multiemployer 

plans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Mr. LUETKEMEYER (for himself, Mr. CLAY, Mr. BOST, Mr. RODNEY DAVIS

of Illinois, and Mr. SHIMKUS) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the 

Committee on Education and Labor, 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 amend the Internal Revenue Code of 1986 to protect 

employees in the building and construction industry who 

are participants in multiemployer plans, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Vested Employee Pen5 sion Benefit Protection Act’’. 


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1 SEC. 2. MINIMUM AGE FOR DISTRIBUTIONS DURING WORK2 ING RETIREMENT. 

3 (a) INTERNAL REVENUE CODE OF 1986.—Section 

4 401(a)(36) of the Internal Revenue Code of 1986 is 

5 amended to read as follows: 

6 ‘‘(36) DISTRIBUTIONS DURING WORKING RE7 TIREMENT.— 

8 ‘‘(A) IN GENERAL.—A trust forming part 

9 of a pension plan shall not be treated as failing 

10 to constitute a qualified trust under this section 

11 solely because the plan provides that a distribu12 tion may be made from such trust to an em13 ployee who has attained age 62 and who is not 

14 separated from employment at the time of such 

15 distribution. 

16 ‘‘(B) CERTAIN EMPLOYEES IN THE BUILD17 ING AND CONSTRUCTION INDUSTRY.— 

18 ‘‘(i) IN GENERAL.—In order to allow 

19 for unique conditions of employment in the 

20 building and construction industry, sub21 paragraph (A) shall be applied by sub22 stituting ‘age 55’ for ‘age 62’ in the case 

23 of a multiemployer plan described in sec24 tion 4203(b)(1)(B)(i) of the Employee Re25 tirement Income Security Act of 1974, 

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1 ticipants in such plan on or before April 

2 30, 2013, if— 

3 ‘‘(I) the trust to which subpara4 graph (A) applies was in existence be5 fore January 1, 1970, 

6 ‘‘(II) before December 31, 2011, 

7 at a time when the plan provided that 

8 distributions may be made to an em9 ployee who has attained age 55 and 

10 who is not separated from employ11 ment at the time of such distribution, 

12 the plan received at least 1 written 

13 determination from the Internal Rev14 enue Service that the trust to which 

15 subparagraph (A) applies constituted 

16 a qualified trust under this section, 

17 and 

18 ‘‘(III) the plan provides that the 

19 benefit accrued on account of service 

20 performed after distributions begin 

21 under subparagraph (A) (as modified 

22 by subparagraph (B) without regard 

23 to this subclause) shall be treated and 

24 paid as a pension separate from the 

25 pension earned before such distribuVerDate Sep 11 2014 04:00 Aug 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4043.IH H4043

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1 tions begin, and that payment of such 

2 separate benefit shall not commence 

3 until the employee attains the plan’s 

4 normal retirement age. 

5 ‘‘(ii) SUSPENSION OF PAYMENTS IF

6 PLAN IN ENDANGERED OR CRITICAL STA7 TUS.—Clause (i) shall not apply to a mul8 tiemployer plan during the period for 

9 which the multiemployer plan is in endan10 gered or critical status (as defined under 

11 section 432) beginning after the first year 

12 the plan is in either of such statuses and 

13 ending with the first plan year for which 

14 the plan is not in either of such statuses.’’. 

15 (b) EMPLOYEE RETIREMENT INCOME SECURITY ACT

16 OF 1974.—Section 3(2)(A) of Employee Retirement In17 come Security Act of 1974 (29 U.S.C. 1002(2)(A)) is 

18 amended by inserting before the period at the end the fol19 lowing: ‘‘(age 55 in the case of a plan to which section 

20 401(a)(36)(B) of the Internal Revenue Code of 1986 ap21 plies)’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to distributions made before, on, 

24 or after the date of the enactment of this Act. 

Æ 


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