I 
111TH CONGRESS 
1ST SESSION 
H. R. 939 
To permit 2008 required minimum distributions from certain retirement plans 
to be repaid. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 10, 2009 
Mr. FRELINGHUYSEN (for himself, Mr. BACHUS, Mr. BARTLETT, Mr. PAUL, 
Mr. BONNER, Mr. WILSON of South Carolina, Mr. SMITH of Texas, Mr. 
ROSKAM, Mr. HINCHEY, Mr. ROGERS of Michigan, Mr. JONES, Mr. 
COBLE, Mrs. BACHMANN, Mr. HOEKSTRA, Mr. DENT, Mr. WOLF, Mr. 
BOUSTANY, Mr. MCHUGH, and Mrs. MYRICK) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To permit 2008 required minimum distributions from certain 
retirement plans to be repaid. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘IRA Equity for Seniors 
Act’’. 
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SEC. 2. REPAYMENT OF 2008 REQUIRED MINIMUM DIS-
TRIBUTIONS. 
(a) IN GENERAL.—An individual who received a 2008 
required minimum distribution may elect to treat one or 
more contributions to a plan described in subsection (c) 
made during 2009 as a rollover contribution to which sub-
section (d) applies. 
(b) LIMITATION.—The amount to which subsection 
(a) applies shall not exceed the lesser of— 
(1) the 2008 required minimum distribution 
from such plan, or 
(2) the amount distributed from such plan dur-
ing 2008. 
(c) 2008 REQUIRED MINIMUM DISTRIBUTION.—For 
purposes of this section, the term ‘‘2008 required min-
imum distribution’’ means the required minimum distribu-
tion determined under section 401(a)(9) of the Internal 
Revenue Code of 1986 for 2008 from— 
(1) a defined contribution plan which is de-
scribed in section 401(k), 403(a), or 403(b) of such 
Code, 
(2) a defined contribution plan which is an eli-
gible deferred compensation plan described in section 
457(b) of such Code but only if such plan is main-
tained 
by 
an 
employer 
described 
in 
section 
457(e)(1)(A) of such Code, or 
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(3) an individual retirement plan (as defined in 
section 7701(a)(37) of such Code). 
(d) TREATMENT AS ROLLOVER CONTRIBUTIONS.— 
(1) RECONTRIBUTIONS TO RETIREMENT PLANS 
OTHER THAN IRAS.—For purposes of the Internal 
Revenue Code of 1986, if a taxpayer makes an elec-
tion under subsection (a) with respect to a contribu-
tion to a retirement plan described in paragraph (1) 
or (2) of subsection (c), then the taxpayer shall, to 
the extent of the amount of the contribution, be 
treated as having received such payments or dis-
tributions in an eligible rollover distribution (as de-
fined in section 402(c)(4) of such Code) and as hav-
ing transferred the amount to the eligible retirement 
plan in a direct trustee to trustee transfer within 60 
days of the distribution. 
(2) RECONTRIBUTIONS TO IRAS.—For purposes 
of the Internal Revenue Code of 1986, if a taxpayer 
makes an election under subsection (a) with respect 
to a contribution to an individual retirement plan 
(as defined by section 7701(a)(37) of such Code), 
then, to the extent of the amount of the contribu-
tion, such payments or distributions shall be treated 
as a distribution described in section 408(d)(3) of 
such Code and as having been transferred to the in-
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dividual retirement plan in a direct trustee to trust-
ee transfer within 60 days of the distribution. 
(3) OTHER RULES.—The dollar limitations oth-
erwise applicable to contributions to retirement 
plans described in subsection (c) shall not apply to 
any contribution made pursuant to the preceding 
sentence. No deduction shall be allowed for any con-
tribution pursuant to this clause. 
(e) CREDIT FOR TAX PAID.— 
(1) IN
GENERAL.—There shall be allowed 
against the tax imposed by chapter 1 of the Internal 
Revenue Code of 1986 for the first taxable year be-
ginning in 2009 an amount equal to the excess of— 
(A) the tax liability of the taxpayer under 
such chapter for taxable year 2008 (determined 
without regard to subsection (a)), over 
(B) the tax liability of the taxpayer under 
such chapter for taxable year 2008 (determined 
after the application of subsection (a)). 
(2) TREATMENT OF CREDIT.—The credit deter-
mined under paragraph (1) shall be treated as a 
credit allowed under subpart C of part IV of sub-
chapter A of chapter 1 of such Code. For purposes 
of section 1324(b)(2) of title 31, United States 
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Code, such credit shall be treated in the same man-
ner as a refund of the credit under section 35. 
Æ 
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