I 

112TH CONGRESS 

1ST SESSION H. R. 3287 

To amend the Internal Revenue Code of 1986 to modify the rules relating 

to loans made from a qualified employer plan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 1, 2011 

Mr. SAM JOHNSON of Texas (for himself and Mr. NEAL) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to modify 

the rules relating to loans made from a qualified employer plan, 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 ‘‘Savings Enhancement 

5 by Alleviating Leakage in 401(k) Savings Act of 2011’’ 

6 or the ‘‘SEAL 401(k) Savings Act’’. 


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1 SEC. 2. EXTENDED ROLLOVER PERIOD FOR THE ROLLOVER 

2 OF PLAN LOAN OFFSET AMOUNTS IN CER3 TAIN CASES. 

4 (a) IN GENERAL.—Paragraph (3) of section 402(c) 

5 of the Internal Revenue Code of 1986 is amended by add6 ing at the end the following new subparagraph: 

7 ‘‘(C) ROLLOVER OF CERTAIN PLAN LOAN

8 OFFSET AMOUNTS.— 

9 ‘‘(i) IN GENERAL.—In the case of a 

10 qualified plan loan offset amount, para11 graph (1) shall not apply to any transfer 

12 of such amount made after the due date 

13 (including extensions) for filing the return 

14 of tax for the taxable year in which such 

15 amount is treated as distributed from a 

16 qualified employer plan. 

17 ‘‘(ii) QUALIFIED PLAN LOAN OFFSET

18 AMOUNT.—For purposes of this subpara19 graph, the term ‘qualified plan loan offset 

20 amount’ means a plan loan offset amount 

21 which is treated as distributed from a 

22 qualified employer plan to a participant or 

23 beneficiary solely by reason of— 

24 ‘‘(I) the termination of the quali25 fied employer plan, or 


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1 ‘‘(II) the failure to meet the re2 payment terms of the loan from such 

3 plan because of the separation from 

4 service of the participant (whether 

5 due to layoff, cessation of business, 

6 termination of employment, or other7 wise). 

8 ‘‘(iii) PLAN LOAN OFFSET AMOUNT.— 

9 For purposes of clause (ii), the term ‘plan 

10 loan offset amount’ means the amount by 

11 which the participant’s accrued benefit 

12 under the plan is reduced in order to repay 

13 a loan from the plan. 

14 ‘‘(iv) LIMITATION.—This subpara15 graph shall not apply to any plan loan off16 set amount unless such plan loan offset 

17 amount relates to a loan to which section 

18 72(p)(1) does not apply by reason of sec19 tion 72(p)(2). 

20 ‘‘(v) QUALIFIED EMPLOYER PLAN.— 

21 For purposes of this subsection, the term 

22 ‘qualified employer plan’ has the meaning 

23 given such term by section 72(p)(4).’’. 

24 (b) CONFORMING AMENDMENT.—Subparagraph (A) 

25 of section 402(c)(3) of the Internal Revenue Code of 1986 


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1 is amended by striking ‘‘subparagraph (B)’’ and inserting 

2 ‘‘subparagraphs (B) and (C)’’. 

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

4 this section shall apply to transfers made after the date 

5 of the enactment of this Act. 

6 SEC. 3. MODIFICATION OF RULES GOVERNING HARDSHIP 

7 DISTRIBUTIONS. 

8 Not later than 1 year after the date of the enactment 

9 of this Act, the Secretary of the Treasury shall modify 

10 Treasury Regulation section 1.401(k)–1(d)(3)(iv)(E) to— 

11 (1) delete the prohibition imposed by paragraph 

12 (2) thereof, and 

13 (2) to make any other modifications necessary 

14 to carry out the purposes of section 

15 401(k)(2)(B)(i)(IV) of the Internal Revenue Code of 

16 1986. 

Æ 


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