I 
116TH CONGRESS 
1ST SESSION H. R. 1993 
To amend the Internal Revenue Code of 1986 and the Employee Retirement 
Income Security Act of 1974 to modify the rules relating to multiple 
employer plans and pooled employer plans and to modify PBGC pre-
miums for CSEC plans. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2019 
Mr. KIND (for himself and Mr. KELLY of Pennsylvania) introduced the fol-
lowing bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Internal Revenue Code of 1986 and the Em-
ployee Retirement Income Security Act of 1974 to mod-
ify the rules relating to multiple employer plans and 
pooled employer plans and to modify PBGC premiums 
for CSEC plans. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Retirement 
Security to Workers in Small Businesses, Cooperatives, 
and Service Organizations Act of 2019’’. 
SEC. 2. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER 
PLANS. 
(a) QUALIFICATION REQUIREMENTS.— 
(1) IN GENERAL.—Section 413 of the Internal 
Code of 1986 is amended by adding at the end the 
following new subsection: 
‘‘(e) APPLICATION
OF QUALIFICATION REQUIRE-
MENTS FOR CERTAIN MULTIPLE EMPLOYER PLANS WITH 
POOLED PLAN PROVIDERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if a defined contribution plan to which 
subsection (c) applies— 
‘‘(A) is maintained by employers which 
have a common interest other than having 
adopted the plan, or 
‘‘(B) in the case of a plan not described in 
subparagraph (A), has a pooled plan provider, 
then the plan shall not be treated as failing to meet 
the requirements under this title applicable to a plan 
described in section 401(a) or to a plan that consists 
of individual retirement accounts described in sec-
tion 408 (including by reason of subsection (c) 
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thereof), whichever is applicable, merely because one 
or more employers of employees covered by the plan 
fail to take such actions as are required of such em-
ployers for the plan to meet such requirements. 
‘‘(2) LIMITATIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to any plan unless the terms of the 
plan provide that in the case of any employer 
in the plan failing to take the actions described 
in paragraph (1)— 
‘‘(i) the assets of the plan attributable 
to employees of such employer (or bene-
ficiaries of such employees) will be trans-
ferred to a plan maintained only by such 
employer (or its successor), to an eligible 
retirement plan as defined in section 
402(c)(8)(B) for each individual whose ac-
count is transferred, or to any other ar-
rangement that the Secretary determines is 
appropriate, unless the Secretary deter-
mines it is in the best interests of the em-
ployees of such employer (and the bene-
ficiaries of such employees) to retain the 
assets in the plan, and 
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‘‘(ii) such employer (and not the plan 
with respect to which the failure occurred 
or any other employer in such plan) shall, 
except to the extent provided by the Sec-
retary, be liable for any liabilities with re-
spect to such plan attributable to employ-
ees of such employer (or beneficiaries of 
such employees). 
‘‘(B) FAILURES
BY
POOLED
PLAN
PRO-
VIDERS.—If the pooled plan provider of a plan 
described in paragraph (1)(B) does not perform 
substantially all of the administrative duties 
which are required of the provider under para-
graph (3)(A)(i) for any plan year, the Secretary 
may provide that the determination as to 
whether the plan meets the requirements under 
this title applicable to a plan described in sec-
tion 401(a) or to a plan that consists of indi-
vidual retirement accounts described in section 
408 (including by reason of subsection (c) 
thereof), whichever is applicable, shall be made 
in the same manner as would be made without 
regard to paragraph (1). 
‘‘(3) POOLED PLAN PROVIDER.— 
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‘‘(A) IN GENERAL.—For purposes of this 
subsection, the term ‘pooled plan provider’ 
means, with respect to any plan, a person 
who— 
‘‘(i) is designated by the terms of the 
plan as a named fiduciary (within the 
meaning of section 402(a)(2) of the Em-
ployee Retirement Income Security Act of 
1974), as the plan administrator, and as 
the person responsible to perform all ad-
ministrative duties (including conducting 
proper testing with respect to the plan and 
the employees of each employer in the 
plan) which are reasonably necessary to 
ensure that— 
‘‘(I) the plan meets any require-
ment applicable under the Employee 
Retirement Income Security Act of 
1974 or this title to a plan described 
in section 401(a) or to a plan that 
consists of individual retirement ac-
counts described in section 408 (in-
cluding by reason of subsection (c) 
thereof), whichever is applicable, and 
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