II 

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. 

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 ‘‘Young Women’s Chris5 tian Association Pension Clarification Act of 2007’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds the following: 


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1 (1) The Young Women’s Christian Association 

2 Pension Plan is a multiple employer plan (subject to 

3 the requirements of section 210 of the Employee Re4 tirement Income Security Act of 1974) which is 

5 maintained by a corporation created by State law 

6 prior to the enactment of the Employee Retirement 

7 Income Security Act of 1974 and the Age Discrimi8 nation in Employment Act of 1967 and whose pri9 mary purpose is the maintenance of retirement pro10 grams. 

11 (2) No applicable plan amendment, as defined 

12 in clause (v) of section 204(b)(5)(B) of the Em13 ployee Retirement Income Security Act of 1974 (29 

14 U.S.C. 1054(b)(5)(B)(v)) (added by section 701(a) 

15 of the Pension Protection Act of 2006 (Public Law 

16 109–280; 120 Stat. 982)) and clause (v) of section 

17 4(i)(10)(B) of the Age Discrimination in Employ18 ment Act of 1967 (29 U.S.C. 623(i)(10)(B)(v)) 

19 (added by section 701(c) of the Pension Protection 

20 Act of 2006 (Public Law 109–280; 120 Stat. 986)), 

21 or any applicable plan amendment causing a partici22 pant’s accrued benefit to be less than the amount 

23 described in clause (iii) of such section 204(b)(5)(B) 

24 or clause (iii) of such section 4(i)(10)(B), has ever 


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1 been made to the Young Women’s Christian Associa2 tion Pension Plan. 

3 (3) Under the terms of the Young Women’s 

4 Christian Association Pension Plan, as in effect as 

5 of June 29, 2005, all pension benefits of all partici6 pants under the plan are immediately nonforfeitable. 

7 (4) As of April 25, 2007, the Young Women’s 

8 Christian Association Pension Plan provides— 

9 (A) for periods including June 29, 2005, 

10 and ending on or before December 31, 2007, a 

11 credit to the account of each participant equal 

12 to 40 percent of the pay credit provided to such 

13 participant and interest credits determined for 

14 each plan year at the average of the annual 

15 rates of interest on 10-year Treasury securities 

16 during a designated period in the preceding 

17 plan year, and 

18 (B) for periods beginning on or after Jan19 uary 1, 2008, interest credits which satisfy the 

20 requirements of section 204(b)(5)(B)(i) of the 

21 Employee Retirement Income Security Act of 

22 1974 (29 U.S.C. 1054(b)(5)(B)(i)) (added by 

23 section 701(a) of the Pension Protection Act of 

24 2006 (Public Law 109–280; 120 Stat. 981)) 

25 and section 4(i)(10)(B)(i) of the Age DiscrimiVerDate Aug 31 2005 21:37 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1206.IS S1206

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1 nation in Employment Act of 1967 (29 U.S.C. 

2 623(i)(10)(B)(i)) (added by section 701(c) of 

3 the Pension Protection Act of 2006 (Public 

4 Law 109–280; 120 Stat. 989)). 

5 (b) PURPOSE.—The purpose of this Act is to clarify 

6 the age discrimination rules under section 204(b)(1)(H) 

7 of the Employee Retirement Income Security Act of 1974 

8 and section 4(i)(1) of the Age Discrimination in Employ9 ment Act of 1967, as they relate to periods prior to June 

10 29, 2005, during which violations of such rules are alleged 

11 to have occurred in civil actions commenced on or after 

12 April 25, 2007. 

13 SEC. 3. CLARIFICATION OF AGE DISCRIMINATION RULES. 

14 (a) IN GENERAL.—In the case of any civil action 

15 which— 

16 (1) is commenced on or after April 25, 2007, 

17 and 

18 (2) alleges a violation of section 204(b)(1)(H) 

19 of the Employee Retirement Income Security Act of 

20 1974 (29 U.S.C. 1054(b)(1)(H)) or section 4(i)(1) 

21 of the Age Discrimination in Employment Act of 

22 1967 (29 U.S.C. 623(i)(1)) occurring before June 

23 29, 2005, with respect to any benefit provided under 

24 the Young Women’s Christian Association Pension 

25 Plan, 


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1 such sections 204(b)(1)(H) and 4(i)(1) shall be applied 

2 as if paragraph (5) of section 204(b) of the Employee Re3 tirement Income Security Act of 1974 (as added by section 

4 701(a)(1) of the Pension Protection Act of 2006 (29 

5 U.S.C. 1054(b)(5); 120 Stat. 981) and paragraph (10) of 

6 section 4(i) of the Age Discrimination in Employment Act 

7 of 1967 (29 U.S.C. 623(i)(10); 120 Stat. 998) applied to 

8 any period in which such alleged violation occurred. 

9 (b) YOUNG WOMEN’S CHRISTIAN ASSOCIATION PEN10 SION PLAN.—For purposes of this Act, the term ‘‘Young 

11 Women’s Christian Association Pension Plan’’ means the 

12 defined benefit plan (as defined in section 3(35) of the 

13 Employee Retirement Income Security Act of 1974) estab14 lished on January 1, 1926, and maintained by the Young 

15 Women’s Christian Association Retirement Fund, a cor16 poration created by an Act of the State of New York which 

17 became law on April 12, 1924. 

Æ 


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