H. R. 2617—816 
(ii) may establish additional regionally or stock 
focused work groups within the Research Task Force, 
as members determine appropriate. 
(B) COMPOSITION.—Each work group established under 
this subsection shall— 
(i) consist of not less than 5 individuals who— 
(I) are knowledgeable about the stock or region 
under consideration; and 
(II) need not be members of the Research Task 
Force; and 
(ii) be balanced in terms of stakeholder representa-
tion, including commercial, recreational, and subsist-
ence fisheries, as well as experts in statistical, 
biological, economic, social, or other scientific informa-
tion as relevant to the work group’s focus. 
(C) REPORTS.—Not later than 9 months after the date 
the Research Task Force is convened, each work group 
established under this subsection shall submit a report 
with the work group’s findings to the Research Task Force. 
(3) COMPENSATION.—Each member of the Research Task 
Force shall serve without compensation. 
(4) ADMINISTRATIVE SUPPORT.—The Secretary of Commerce 
shall provide such administrative support as is necessary for 
the Research Task Force and its work groups to carry out 
their duties, which may include support for virtual or in-person 
participation and travel expenses. 
(e) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Research 
Task Force. 
SEC. 305. DEFINITION OF PACIFIC SALMON. 
In this title, the term ‘‘Pacific salmon’’ means salmon that 
originates in Alaskan waters. 
TITLE IV—IUU TECHNICAL 
CORRECTIONS 
SEC. 401. IUU TECHNICAL CORRECTIONS. 
The High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826d et seq.) is amended— 
(1) in section 609— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f) and (g) as sub-
sections (e) and (f), respectively; and 
(2) in section 610— 
(A) in subsection (b)— 
(i) in paragraph (2), by inserting ‘‘and’’ after the 
semicolon; 
(ii) by striking paragraph (3); and 
(iii) by redesignating paragraph (4) as paragraph 
(3); and 
(B) in subsection (c)(4)— 
(i) in subparagraph (A), by inserting ‘‘and’’ after 
the semicolon; 
(ii) in subparagraph (B), by striking ‘‘; and’’ and 
inserting a period; and
H. R. 2617—817 
(iii) by striking subparagraph (C). 
DIVISION T—SECURE 2.0 ACT OF 2022 
SEC. 1. SHORT TITLE; ETC. 
(a) SHORT TITLE.—This division may be cited as the ‘‘SECURE 
2.0 Act of 2022’’. 
(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly 
provided, whenever in this division an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section 
or other provision, the reference shall be considered to be made 
to a section or other provision of the Internal Revenue Code of 
1986. 
TITLE I—EXPANDING COVERAGE AND 
INCREASING RETIREMENT SAVINGS 
SEC. 101. EXPANDING AUTOMATIC ENROLLMENT IN RETIREMENT 
PLANS. 
(a) IN GENERAL.—Subpart B of part I of subchapter D of chapter 
1 is amended by inserting after section 414 the following new 
section: 
‘‘SEC. 414A. REQUIREMENTS RELATED TO AUTOMATIC ENROLLMENT. 
‘‘(a) IN GENERAL.—Except as otherwise provided in this sec-
tion— 
‘‘(1) an arrangement shall not be treated as a qualified 
cash or deferred arrangement described in section 401(k) unless 
such arrangement meets the automatic enrollment require-
ments of subsection (b), and 
‘‘(2) an annuity contract otherwise described in section 
403(b) which is purchased under a salary reduction agreement 
shall not be treated as described in such section unless such 
agreement meets the automatic enrollment requirements of 
subsection (b). 
‘‘(b) AUTOMATIC ENROLLMENT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—An arrangement or agreement meets 
the requirements of this subsection if such arrangement or 
agreement is an eligible automatic contribution arrangement 
(as defined in section 414(w)(3)) which meets the requirements 
of paragraphs (2) through (4). 
‘‘(2) 
ALLOWANCE
OF
PERMISSIBLE
WITHDRAWALS.—An 
eligible automatic contribution arrangement meets the require-
ments of this paragraph if such arrangement allows employees 
to make permissible withdrawals (as defined in section 
414(w)(2)). 
‘‘(3) MINIMUM CONTRIBUTION PERCENTAGE.— 
‘‘(A) IN GENERAL.—An eligible automatic contribution 
arrangement meets the requirements of this paragraph 
if— 
‘‘(i) the uniform percentage of compensation 
contributed by the participant under such arrangement 
during the first year of participation is not less than 
3 percent and not more than 10 percent (unless the
H. R. 2617—818 
participant specifically elects not to have such contribu-
tions made or to have such contributions made at 
a different percentage), and 
‘‘(ii) effective for the first day of each plan year 
starting after each completed year of participation 
under such arrangement such uniform percentage is 
increased by 1 percentage point (to at least 10 percent, 
but not more than 15 percent) unless the participant 
specifically elects not to have such contributions made 
or to have such contributions made at a different 
percentage. 
‘‘(B) INITIAL REDUCED CEILING FOR CERTAIN PLANS.— 
In the case of any eligible automatic contribution arrange-
ment (other than an arrangement that meets the require-
ments of paragraph (12) or (13) of section 401(k)), for 
plan years ending before January 1, 2025, subparagraph 
(A)(ii) shall be applied by substituting ‘10 percent’ for ‘15 
percent’. 
‘‘(4) INVESTMENT
REQUIREMENTS.—An eligible automatic 
contribution arrangement meets the requirements of this para-
graph if amounts contributed pursuant to such arrangement, 
and for which no investment is elected by the participant, 
are invested in accordance with the requirements of section 
2550.404c-5 of title 29, Code of Federal Regulations (or any 
successor regulations). 
‘‘(c) EXCEPTIONS.—For purposes of this section— 
‘‘(1) SIMPLE PLANS.—Subsection (a) shall not apply to any 
simple plan (within the meaning of section 401(k)(11)). 
‘‘(2) EXCEPTION FOR PLANS OR ARRANGEMENTS ESTABLISHED 
BEFORE ENACTMENT OF SECTION.— 
‘‘(A) IN GENERAL.—Subsection (a) shall not apply to— 
‘‘(i) any qualified cash or deferred arrangement 
established before the date of the enactment of this 
section, or 
‘‘(ii) any annuity contract purchased under a plan 
established before the date of the enactment of this 
section. 
‘‘(B) 
POST-ENACTMENT
ADOPTION
OF
MULTIPLE 
EMPLOYER PLAN.—Subparagraph (A) shall not apply in the 
case of an employer adopting after such date of enactment 
a plan maintained by more than one employer, and sub-
section (a) shall apply with respect to such employer as 
if such plan were a single plan. 
‘‘(3) EXCEPTION FOR GOVERNMENTAL AND CHURCH PLANS.— 
Subsection (a) shall not apply to any governmental plan (within 
the meaning of section 414(d)) or any church plan (within 
the meaning of section 414(e)). 
‘‘(4) EXCEPTION FOR NEW AND SMALL BUSINESSES.— 
‘‘(A) NEW BUSINESS.—Subsection (a) shall not apply 
to any qualified cash or deferred arrangement, or any 
annuity contract purchased under a plan, while the 
employer maintaining such plan (and any predecessor 
employer) has been in existence for less than 3 years. 
‘‘(B) SMALL BUSINESSES.—Subsection (a) shall not apply 
to any qualified cash or deferred arrangement, or any 
annuity contract purchased under a plan, earlier than the 
date that is 1 year after the close of the first taxable
H. R. 2617—819 
year with respect to which the employer maintaining the 
plan normally employed more than 10 employees. 
‘‘(C) TREATMENT OF MULTIPLE EMPLOYER PLANS.—In 
the case of a plan maintained by more than 1 employer, 
subparagraphs (A) and (B) shall be applied separately with 
respect to each such employer, and all such employers 
to which subsection (a) applies (after the application of 
this paragraph) shall be treated as maintaining a separate 
plan for purposes of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for subpart 
B of part I of subchapter D of chapter 1 is amended by inserting 
after the item relating to section 414 the following new item: 
‘‘Sec. 414A. Requirements related to automatic enrollment.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to plan years beginning after December 31, 2024. 
SEC. 102. MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION 
PLAN STARTUP COSTS. 
(a) 
INCREASE
IN
CREDIT
PERCENTAGE
FOR
SMALLER 
EMPLOYERS.—Section 45E(e) of is amended by adding at the end 
the following new paragraph: 
‘‘(4) INCREASED CREDIT FOR CERTAIN SMALL EMPLOYERS.— 
In the case of an employer which would be an eligible employer 
under subsection (c) if section 408(p)(2)(C)(i) was applied by 
substituting ‘50 employees’ for ‘100 employees’, subsection (a) 
shall be applied by substituting ‘100 percent’ for ‘50 percent’.’’. 
(b) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBUTIONS BY CER-
TAIN SMALL EMPLOYERS.—Section 45E, as amended by subsection 
(a), is amended by adding at the end the following new subsection: 
‘‘(f) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBUTIONS BY CER-
TAIN ELIGIBLE EMPLOYERS.— 
‘‘(1) IN GENERAL.—In the case of an eligible employer, the 
credit allowed for the taxable year under subsection (a) (deter-
mined without regard to this subsection) shall be increased 
by an amount equal to the applicable percentage of employer 
contributions (other than any elective deferrals (as defined 
in section 402(g)(3)) by the employer to an eligible employer 
plan (other than a defined benefit plan (as defined in section 
414(j))). 
‘‘(2) LIMITATIONS.— 
‘‘(A) DOLLAR
LIMITATION.—The amount determined 
under paragraph (1) (before the application of subpara-
graph (B)) with respect to any employee of the employer 
shall not exceed $1,000. 
‘‘(B) CREDIT
PHASE-IN.—In the case of any eligible 
employer which had for the preceding taxable year more 
than 50 employees, the amount determined under para-
graph (1) (without regard to this subparagraph) shall be 
reduced by an amount equal to the product of— 
‘‘(i) the amount otherwise so determined under 
paragraph (1), multiplied by 
‘‘(ii) a percentage equal to 2 percentage points 
for each employee of the employer for the preceding 
taxable year in excess of 50 employees. 
‘‘(C) WAGE LIMITATION.— 
‘‘(i) IN GENERAL.—No contributions with respect 
to any employee who receives wages from the employer
H. R. 2617—820 
for the taxable year in excess of $100,000 may be 
taken into account for such taxable year under 
subparagraph (A). 
‘‘(ii) WAGES.—For purposes of the preceding sen-
tence, the term ‘wages’ has the meaning given such 
term by section 3121(a). 
‘‘(iii) INFLATION ADJUSTMENT.—In the case of any 
taxable year beginning in a calendar year after 2023, 
the $100,000 amount under clause (i) shall be increased 
by an amount equal to— 
‘‘(I) such dollar amount, multiplied by 
‘‘(II) the cost-of-living adjustment determined 
under section 1(f)(3) for the calendar year in which 
the taxable year begins, determined by sub-
stituting ‘calendar year 2007’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
If any amount as adjusted under this clause is not 
a multiple of $5,000, such amount shall be rounded 
to the next lowest multiple of $5,000. 
‘‘(3) APPLICABLE PERCENTAGE.—For purposes of this section, 
the applicable percentage for the taxable year during which 
the eligible employer plan is established with respect to the 
eligible employer shall be 100 percent, and for taxable years 
thereafter shall be determined under the following table: 
‘‘In the case of the following tax-
able year beginning after the 
taxable year during which plan 
is established with respect to 
the eligible employer: 
The applicable percentage shall be: 
1st ..............................................................................................................
100% 
2nd .............................................................................................................
75% 
3rd ..............................................................................................................
50% 
4th ..............................................................................................................
25% 
Any taxable year thereafter .....................................................................
0% 
‘‘(4) DETERMINATION OF ELIGIBLE EMPLOYER; NUMBER OF 
EMPLOYEES.—For purposes of this subsection, whether an 
employer is an eligible employer and the number of employees 
of an employer shall be determined under the rules of sub-
section (c), except that paragraph (2) thereof shall only apply 
to the taxable year during which the eligible employer plan 
to which this section applies is established with respect to 
the eligible employer.’’. 
(c) 
DISALLOWANCE
OF
DEDUCTION.—Section 
45E(e)(2) 
is 
amended to read as follows: 
‘‘(2) DISALLOWANCE OF DEDUCTION.—No deduction shall be 
allowed— 
‘‘(A) for that portion of the qualified startup costs paid 
or incurred for the taxable year which is equal to so much 
of the portion of the credit determined under subsection 
(a) as is properly allocable to such costs, and 
‘‘(B) for that portion of the employer contributions by 
the employer for the taxable year which is equal to so 
much of the credit increase determined under subsection 
(f) as is properly allocable to such contributions.’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after December 31, 2022.
H. R. 2617—823 
‘‘(iii) the period after such taxable year and before 
the due date (including extensions) for filing the return 
of tax for such taxable year. 
‘‘(C) EXCEPTED
DISTRIBUTIONS.—There shall not be 
taken into account under subparagraph (A)— 
‘‘(i) any distribution referred to in section 72(p), 
401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), 
‘‘(ii) any distribution to which section 408(d)(3) 
or 408A(d)(3) applies, and 
‘‘(iii) any portion of a distribution if such portion 
is transferred or paid in a rollover contribution (as 
defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), 
or 457(e)(16)) to an account or plan to which qualified 
retirement savings contributions can be made. 
‘‘(D) TREATMENT
OF
DISTRIBUTIONS
RECEIVED
BY 
SPOUSE OF INDIVIDUAL.—For purposes of determining dis-
tributions received by an individual under subparagraph 
(A) for any taxable year, any distribution received by the 
spouse of such individual shall be treated as received by 
such individual if such individual and spouse file a joint 
return for such taxable year and for the taxable year during 
which the spouse receives the distribution. 
‘‘(e) APPLICABLE RETIREMENT SAVINGS VEHICLE.— 
‘‘(1) IN GENERAL.—The term ‘applicable retirement savings 
vehicle’ means an account or plan elected by the eligible indi-
vidual under paragraph (2). 
‘‘(2) ELECTION.—Any such election to have contributed the 
amount determined under subsection (a) shall be to an account 
or plan which— 
‘‘(A) is— 
‘‘(i) the portion of a plan which— 
‘‘(I) is described in clause (v) of section 
402(c)(8)(B), is a qualified cash or deferred 
arrangement (within the meaning of section 
401(k)), or is an annuity contract described in sec-
tion 403(b) which is purchased under a salary 
reduction agreement, and 
‘‘(II) does not consist of a qualified Roth con-
tribution program (as defined in section 402A(b)), 
or 
‘‘(ii) an individual retirement plan which is not 
a Roth IRA, 
‘‘(B) is for the benefit of the eligible individual, 
‘‘(C) accepts contributions made under this section, 
and 
‘‘(D) is designated by such individual (in such form 
and manner as the Secretary may provide). 
‘‘(f) OTHER DEFINITIONS AND SPECIAL RULES.— 
‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For purposes of 
this section, the term ‘modified adjusted gross income’ means 
adjusted gross income— 
‘‘(A) determined without regard to sections 911, 931, 
and 933, and 
‘‘(B) determined without regard to any exclusion or 
deduction allowed for any qualified retirement savings con-
tribution made during the taxable year.
H. R. 2617—824 
‘‘(2) TREATMENT OF CONTRIBUTIONS.—In the case of any 
contribution under subsection (a)(2)— 
‘‘(A) except as otherwise provided in this section or 
by the Secretary under regulations, such contribution shall 
be treated as— 
‘‘(i) an elective deferral made by the individual, 
if contributed to an applicable retirement savings 
vehicle described in subsection (e)(2)(A)(i), or 
‘‘(ii) as an individual retirement plan contribution 
made by such individual, if contributed to such a plan, 
‘‘(B) such contribution shall not be taken into account 
with respect to any applicable limitation under sections 
402(g)(1), 
403(b), 
408(a)(1), 
408(b)(2)(B), 
408A(c)(2), 
414(v)(2), 415(c), or 457(b)(2), and shall be disregarded 
for 
purposes 
of 
sections 
401(a)(4), 
401(k)(3), 
401(k)(11)(B)(i)(III), and 416, and 
‘‘(C) such contribution shall not be treated as an 
amount that may be paid, made available, or distributable 
to 
the 
participant 
under 
section 
401(k)(2)(B)(i)(IV), 
403(b)(7)(A)(i)(V), or 457(d)(1)(A)(iii). 
‘‘(3) TREATMENT
OF
QUALIFIED
PLANS, ETC.—A plan or 
arrangement to which a contribution is made under this section 
shall not be treated as violating any requirement under section 
401, 403, 408, or 457 solely by reason of accepting such contribu-
tion. 
‘‘(4) ERRONEOUS MATCHING CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—If any contribution is erroneously 
paid under subsection (a)(2), including a payment that 
is not made to an applicable retirement savings vehicle, 
the amount of such erroneous payment shall be treated 
as an underpayment of tax (other than for purposes of 
part II of subchapter A of chapter 68) for the taxable 
year in which the Secretary determines the payment is 
erroneous. 
‘‘(B) DISTRIBUTION OF ERRONEOUS MATCHING CONTRIBU-
TIONS.—In the case of a contribution to which subparagraph 
(A) applies— 
‘‘(i) section 402(a), 403(a)(1), 403(b)(1), 408(d)(1), 
or 457(a)(1), whichever is applicable, shall not apply 
to any distribution of such contribution, and section 
72(t) shall not apply to the distribution of such con-
tribution or any income attributable thereto, if such 
distribution is received not later than the day pre-
scribed by law (including extensions of time) for filing 
the individual’s return for such taxable year, and 
‘‘(ii) any plan or arrangement from which such 
a distribution is made under this subparagraph shall 
not be treated as violating any requirement under 
section 401, 403, or 457 solely by reason of making 
such distribution. 
‘‘(5) EXCEPTION FROM REDUCTION OR OFFSET.—Any payment 
made to any individual under this section shall not be— 
‘‘(A) subject to reduction or offset pursuant to sub-
section (c), (d), (e), or (f) of section 6402 or any similar 
authority permitting offset, or 
‘‘(B) reduced or offset by other assessed Federal taxes 
that would otherwise be subject to levy or collection.
H. R. 2617—825 
‘‘(6) SAVER’S MATCH RECOVERY PAYMENTS.— 
‘‘(A) IN GENERAL.—In the case of an applicable retire-
ment savings vehicle to which contributions have been 
made under subsection (a)(2), and from which a specified 
early distribution has been made during the taxable year, 
if the aggregate amount of such contributions exceeds the 
account balance of such savings vehicle at the end of the 
such taxable year, the tax imposed by chapter 1 shall 
be increased by an amount equal to such excess (reduced 
by the amount by which the tax under such chapter was 
increased under section 72(t)(1) with respect to such dis-
tribution). 
‘‘(B) SPECIFIED EARLY DISTRIBUTION.—For purposes of 
this paragraph, the term ‘specified early distribution’ 
means any portion of a distribution— 
‘‘(i) which is from such applicable retirement 
savings vehicle to which a contribution has been made 
under subsection (a)(2), 
‘‘(ii) which is includible in gross income, and 
‘‘(iii) to which 72(t)(1) applies. 
‘‘(C) EXCESS MAY BE REPAID.— 
‘‘(i) IN GENERAL.—The increase in tax for any tax-
able year under subparagraph (A) shall be reduced 
(but not below zero) by so much of such specified 
early distribution as the individual elects to contribute 
to an applicable retirement savings vehicle not later 
than the day prescribed by law (including extensions 
of time) for filing such individual’s return for such 
taxable year. 
‘‘(ii) CONTRIBUTION
OF
EXCESS.—Any individual 
who elects to contribute an amount under clause (i) 
may make one or more contributions in an aggregate 
amount not to exceed the amount of the specified early 
distribution to which the election relates to an 
applicable retirement savings vehicle and to which a 
rollover contribution of such distribution could be made 
under section 402(c), 403(b)(8), 408(d)(3), or 457(e)(16), 
as the case may be. 
‘‘(iii) LIMITATION ON CONTRIBUTIONS TO APPLICABLE 
RETIREMENT SAVINGS VEHICLE OTHER THAN IRAS.—The 
aggregate amount of contributions made by an indi-
vidual under clause (ii) to any applicable savings retire-
ment vehicle which is not an individual retirement 
plan shall not exceed the aggregate amount of specified 
early retirement distributions which are made from 
such savings retirement vehicle to such individual. 
Clause (ii) shall not apply to contributions to any 
applicable retirement savings vehicle which is not an 
individual retirement plan unless the individual is 
eligible to make contributions (other than those 
described in clause (ii)) to such retirement savings 
vehicle. 
‘‘(iv) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS 
FROM APPLICABLE ELIGIBLE RETIREMENT PLANS OTHER 
THAN IRAS.—If a contribution is made under clause 
(ii) with respect to a specified early distribution from 
an applicable savings retirement vehicle other than
H. R. 2617—826 
an individual retirement plan, then the taxpayer shall, 
to the extent of the amount of the contribution, be 
treated as having received such distribution in an 
eligible rollover distribution (as defined in section 
402(c)(4)) and as having transferred the amount to 
the savings retirement vehicle in a direct trustee to 
trustee transfer within 60 days of the distribution. 
‘‘(v) TREATMENT
OF
REPAYMENTS
FOR
DISTRIBU-
TIONS
FROM
IRAS.—If a contribution is made under 
clause (ii) with respect to a specified early distribution 
from an individual retirement plan, then, to the extent 
of the amount of the contribution, such distribution 
shall be treated as a distribution described in section 
408(d)(3) and as having been transferred to the 
applicable retirement savings vehicle in a direct trustee 
to trustee transfer within 60 days of the distribution. 
‘‘(D) RULES TO ACCOUNT FOR INVESTMENT LOSS.—The 
Secretary shall prescribe such rules as may be appropriate 
to reduce any increase in tax otherwise made under 
subparagraph (A) to properly account for the extent to 
which any portion of the excess described in such subpara-
graph is allocable to investment loss in the retirement 
savings vehicle. 
‘‘(g) PROVISION BY SECRETARY OF INFORMATION RELATING TO 
CONTRIBUTIONS.—In the case of an amount elected by an eligible 
individual to be contributed to an account or plan under subsection 
(e)(2), the Secretary shall provide general guidance applicable to 
the custodian of the account or the plan sponsor, as the case 
may be, detailing the treatment of such contribution under sub-
section (f)(2) and the reporting requirements with respect to such 
contribution under section 6058, particularly as such requirements 
are modified pursuant to section 102(c)(2) of the SECURE 2.0 
Act of 2022. 
‘‘(h) INFLATION ADJUSTMENTS.— 
‘‘(1) IN GENERAL.—In the case of any taxable year beginning 
in a calendar year after 2027, the $41,000 amount in subsection 
(b)(3)(A)(i) shall be increased by an amount equal to— 
‘‘(A) such dollar amount, multiplied by 
‘‘(B) the cost-of-living adjustment determined under 
section 1(f)(3) for the calendar year in which the taxable 
year begins, determined by substituting ‘calendar year 
2026’ for ‘calendar year 2016’ in subparagraph (A)(ii) 
thereof. 
‘‘(2) ROUNDING.—Any increase determined under paragraph 
(1) shall be rounded to the nearest multiple of $1,000.’’. 
(b) TREATMENT OF CERTAIN POSSESSIONS.— 
(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYS-
TEMS.—The Secretary of the Treasury shall pay to each posses-
sion of the United States which has a mirror code tax system 
amounts equal to the loss (if any) to that possession by reason 
of the amendments made by this section. Such amounts shall 
be determined by the Secretary of the Treasury based on 
information provided by the government of the respective 
possession. 
(2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of 
the Treasury shall pay to each possession of the United States
H. R. 2617—827 
which does not have a mirror code tax system amounts esti-
mated by the Secretary of the Treasury as being equal to 
the aggregate benefits (if any) that would have been provided 
to eligible residents of such possession by reason of the amend-
ments made by this section if a mirror code tax system had 
been in effect in such possession. The preceding sentence shall 
not apply unless the respective possession has a process, which 
has been approved by the Secretary of the Treasury, under 
which such possession promptly transfers the payments directly 
on behalf of eligible residents to a retirement savings vehicle 
established under the laws of such possession or the United 
States that is substantially similar to a plan, or is a plan, 
described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) 
of the Internal Revenue Code of 1986 or an individual retire-
ment plan, and the restrictions on distributions from such 
retirement savings vehicle are substantially similar to the 
provisions of section 6433(d)(2) of such Code (as added by 
this section). 
(3) COORDINATION WITH UNITED STATES SAVER’S MATCH.— 
No matching contribution shall be allowed under section 6433 
of the Internal Revenue Code of 1986 (as added by this section) 
to any person— 
(A) to whom a matching contribution is paid by the 
possession by reason of the amendments made by this 
section, or 
(B) who is eligible for a payment under a plan described 
in paragraph (2). 
(4) MIRROR CODE TAX SYSTEM.—For purposes of this sub-
section, the term ‘‘mirror code tax system’’ means, with respect 
to any possession of the United States, the income tax system 
of such possession if the income tax liability of the residents 
of such possession under such system is determined by ref-
erence to the income tax laws of the United States as if such 
possession were the United States. 
(5) TREATMENT OF PAYMENTS.—For purposes of section 1324 
of title 31, United States Code, the payments under this sub-
section shall be treated in the same manner as a refund due 
from a credit provision referred to in subsection (b)(2) of such 
section. 
(c) ADMINISTRATIVE PROVISIONS.— 
(1) DEFICIENCIES.—Section 6211(b)(4) is amended by 
striking ‘‘and 7527A’’ and inserting ‘‘7527A, and 6433’’. 
(2) REPORTING.—The Secretary of the Treasury shall amend 
the forms relating to reports required under section 6058 of 
the Internal Revenue Code of 1986 to require— 
(A) separate reporting of the aggregate amount of con-
tributions received by the plan during the year under sec-
tion 6433 of the Internal Revenue Code of 1986 (as added 
by this section), and 
(B) similar reporting with respect to individual retire-
ment accounts (as defined in section 408 of such Code) 
and individual retirement annuities (as defined in section 
408(b) of such Code). 
(d) PAYMENT AUTHORITY.—Section 1324(b)(2) of title 31, United 
States Code, is amended by striking ‘‘or 7527A’’ and inserting 
‘‘7527A, or 6433’’. 
(e) CONFORMING AMENDMENTS.—
H. R. 2617—828 
(1) Paragraph (1) of section 25B(d) is amended by striking 
‘‘the sum of—’’ and all that follows through ‘‘the amount of 
contributions made before January 1, 2026’’ and inserting ‘‘the 
amount of contributions made before January 1, 2026’’. 
(2) The table of sections for subchapter B of chapter 65 
is amended by adding at the end the following new item: 
‘‘Sec. 6433. Saver’s Match.’’. 
(f) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after December 31, 2026. 
SEC. 104. PROMOTION OF SAVER’S MATCH. 
(a) IN GENERAL.—The Secretary of the Treasury shall take 
such steps as the Secretary determines are necessary and appro-
priate to increase public awareness of the matching contribution 
provided under section 6433 of the Internal Revenue Code of 1986. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than July 1, 2026, the Secretary 
shall provide a report to Congress to summarize the anticipated 
promotion efforts of the Treasury under subsection (a). 
(2) CONTENTS.—Such report shall include— 
(A) a description of plans for— 
(i) the development and distribution of digital and 
print materials, including the distribution of such 
materials to States for participants in State facilitated 
retirement savings programs, 
(ii) the translation of such materials into the 10 
most commonly spoken languages in the United States 
after English (as determined by reference to the most 
recent American Community Survey of the Bureau 
of the Census), and 
(iii) communicating the adverse consequences of 
early withdrawal from an applicable retirement 
savings vehicle to which a matching contribution has 
been paid under section 6333(a)(2) of the Internal Rev-
enue Code of 1986, including the operation of the 
Saver’s Match Recovery Payment rules under section 
6433(f)(6) of such Code and associated early withdrawal 
penalties, and 
(B) such other information as the Secretary determines 
is necessary. 
SEC. 105. POOLED EMPLOYER PLANS MODIFICATION. 
(a) IN GENERAL.—Section 3(43)(B)(ii) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1002(43)(B)(ii)) is 
amended to read as follows: 
‘‘(ii) designate a named fiduciary (other than an 
employer in the plan) to be responsible for collecting 
contributions to the plan and require such fiduciary 
to implement written contribution collection procedures 
that are reasonable, diligent, and systematic;’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to plan years beginning after December 31, 2022. 
SEC. 106. MULTIPLE EMPLOYER 403(b) PLANS. 
(a) IN GENERAL.—Section 403(b) is amended by adding at the 
end the following new paragraph: 
‘‘(15) MULTIPLE EMPLOYER PLANS.—
H. R. 2617—829 
‘‘(A) IN GENERAL.—Except in the case of a church plan, 
this subsection shall not be treated as failing to apply 
to an annuity contract solely by reason of such contract 
being purchased under a plan maintained by more than 
1 employer. 
‘‘(B) TREATMENT
OF
EMPLOYERS
FAILING
TO
MEET 
REQUIREMENTS OF PLAN.— 
‘‘(i) IN GENERAL.—In the case of a plan maintained 
by more than 1 employer, this subsection shall not 
be treated as failing to apply to an annuity contract 
held under such plan merely because of one or more 
employers failing to meet the requirements of this 
subsection if such plan satisfies rules similar to the 
rules of section 413(e)(2) with respect to any such 
employer failure. 
‘‘(ii) ADDITIONAL REQUIREMENTS IN CASE OF NON- 
GOVERNMENTAL PLANS.—A plan shall not be treated 
as meeting the requirements of this subparagraph 
unless the plan satisfies rules similar to the rules 
of subparagraph (A) or (B) of section 413(e)(1), except 
in the case of a multiple employer plan maintained 
solely by any of the following: A State, a political 
subdivision of a State, or an agency or instrumentality 
of any one or more of the foregoing.’’. 
(b) ANNUAL REGISTRATION
FOR 403(b) MULTIPLE EMPLOYER 
PLAN.—Section 6057 is amended by redesignating subsection (g) 
as subsection (h) and by inserting after subsection (f) the following 
new subsection: 
‘‘(g) 403(b) MULTIPLE
EMPLOYER
PLANS
TREATED
AS
ONE 
PLAN.—In the case of annuity contracts to which this section applies 
and to which section 403(b) applies by reason of the plan under 
which such contracts are purchased meeting the requirements of 
paragraph (15) thereof, such plan shall be treated as a single 
plan for purposes of this section.’’. 
(c) ANNUAL
INFORMATION
RETURNS
FOR
403(b) MULTIPLE 
EMPLOYER PLAN.—Section 6058 is amended by redesignating sub-
section (f) as subsection (g) and by inserting after subsection (e) 
the following new subsection: 
‘‘(f) 403(b) MULTIPLE
EMPLOYER
PLANS
TREATED
AS
ONE 
PLAN.—In the case of annuity contracts to which this section applies 
and to which section 403(b) applies by reason of the plan under 
which such contracts are purchased meeting the requirements of 
paragraph (15) thereof, such plan shall be treated as a single 
plan for purposes of this section.’’. 
(d) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY 
ACT OF 1974.— 
(1) IN GENERAL.—Section 3(43)(A) of the Employee Retire-
ment Income Security Act of 1974 is amended— 
(A) in clause (ii), by striking ‘‘section 501(a) of such 
Code or’’ and inserting ‘‘section 501(a) of such Code, a 
plan that consists of annuity contracts described in section 
403(b) of such Code, or’’; and 
(B) in the flush text at the end following clause (iii), 
by striking ‘‘the plan.’’ and inserting ‘‘the plan, but such 
term shall include any plan (other than a plan excepted 
from the application of this title by section 4(b)(2)) main-
tained for the benefit of the employees of more than 1
H. R. 2617—830 
employer that consists of annuity contracts described in 
section 403(b) of such Code and that meets the require-
ments of subparagraph (B) of section 413(e)(1) of such 
Code.’’. 
(2) CONFORMING
AMENDMENTS.—Sections 3(43)(B)(v)(II) 
and 3(44)(A)(i)(I) of the Employee Retirement Income Security 
Act of 1974 are each amended by striking ‘‘section 401(a) of 
such Code or’’ and inserting ‘‘section 401(a) of such Code, a 
plan that consists of annuity contracts described in section 
403(b) of such Code, or’’. 
(e) REGULATIONS RELATING TO EMPLOYER FAILURE TO MEET 
MULTIPLE EMPLOYER PLAN REQUIREMENTS.—The Secretary of the 
Treasury (or the Secretary’s delegate) shall prescribe such regula-
tions as may be necessary to clarify, in the case of plans to which 
section 403(b)(15) of the Internal Revenue Code of 1986 applies, 
the treatment of an employer departing such plan in connection 
with such employer’s failure to meet multiple employer plan require-
ments. 
(f) MODIFICATION OF MODEL PLAN LANGUAGE, ETC.— 
(1) PLAN NOTIFICATIONS.—The Secretary of the Treasury 
(or the Secretary’s delegate), in consultation with the Secretary 
of Labor, shall modify the model plan language published under 
section 413(e)(5) of the Internal Revenue Code of 1986 to include 
language that requires participating employers be notified that 
the plan is subject to the Employee Retirement Income Security 
Act of 1974 and that such employer is a plan sponsor with 
respect to its employees participating in the multiple employer 
plan and, as such, has certain fiduciary duties with respect 
to the plan and to its employees. 
(2) MODEL PLANS FOR MULTIPLE EMPLOYER 403(b) PLANS.— 
For plans to which section 403(b)(15)(A) of the Internal Revenue 
Code of 1986 applies (other than a plan maintained for its 
employees by a State, a political subdivision of a State, or 
an agency or instrumentality of any one or more of the fore-
going), the Secretary of the Treasury (or the Secretary’s dele-
gate), in consultation with the Secretary of Labor, shall publish 
model plan language similar to model plan language published 
under section 413(e)(5) of such Code. 
(3) EDUCATIONAL OUTREACH TO EMPLOYERS EXEMPT FROM 
TAX.—The Secretary of the Treasury (or the Secretary’s dele-
gate), in consultation with the Secretary of Labor, shall provide 
education and outreach to increase awareness to employers 
described in section 501(c)(3) of the Internal Revenue Code 
of 1986, and which are exempt from tax under section 501(a) 
of such Code, that multiple employer plans are subject to the 
Employee Retirement Income Security Act of 1974 and that 
such employer is a plan sponsor with respect to its employees 
participating in the multiple employer plan and, as such, has 
certain fiduciary duties with respect to the plan and to its 
employees. 
(g) NO
INFERENCE
WITH
RESPECT
TO
CHURCH
PLANS.— 
Regarding any application of section 403(b) of the Internal Revenue 
Code of 1986 to an annuity contract purchased under a church 
plan (as defined in section 414(e) of such Code) maintained by 
more than 1 employer, or to any application of rules similar to 
section 413(e) of such Code to such a plan, no inference shall
H. R. 2617—831 
be made from section 403(b)(15)(A) of such Code (as added by 
this Act) not applying to such plans. 
(h) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall apply to plan years beginning after December 31, 2022. 
(2) RULE OF CONSTRUCTION.—Nothing in the amendments 
made by subsection (a) shall be construed as limiting the 
authority of the Secretary of the Treasury or the Secretary’s 
delegate (determined without regard to such amendment) to 
provide for the proper treatment of a failure to meet any 
requirement applicable under the Internal Revenue Code of 
1986 with respect to one employer (and its employees) in the 
case of a plan to which section 403(b)(15) of the Internal Rev-
enue Code of 1986 applies. 
SEC. 107. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR 
MANDATORY DISTRIBUTIONS. 
(a) IN
GENERAL.—Section 401(a)(9)(C)(i)(I) is amended by 
striking ‘‘age 72’’ and inserting ‘‘the applicable age’’. 
(b) SPOUSE BENEFICIARIES; SPECIAL RULE FOR OWNERS.—Sub-
paragraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) are each 
amended by striking ‘‘age 72’’ and inserting ‘‘the applicable age’’. 
(c) APPLICABLE
AGE.—Section 401(a)(9)(C) is amended by 
adding at the end the following new clause: 
‘‘(v) APPLICABLE AGE.— 
‘‘(I) In the case of an individual who attains 
age 72 after December 31, 2022, and age 73 before 
January 1, 2033, the applicable age is 73. 
‘‘(II) In the case of an individual who attains 
age 74 after December 31, 2032, the applicable 
age is 75.’’. 
(d) CONFORMING AMENDMENTS.—The last sentence of section 
408(b) is amended by striking ‘‘age 72’’ and inserting ‘‘the applicable 
age (determined under section 401(a)(9)(C)(v) for the calendar year 
in which such taxable year begins)’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall apply to distributions required to be made after December 
31, 2022, with respect to individuals who attain age 72 after such 
date. 
SEC. 108. INDEXING IRA CATCH-UP LIMIT. 
(a) IN GENERAL.—Subparagraph (C) of section 219(b)(5) is 
amended by adding at the end the following new clause: 
‘‘(iii) INDEXING OF CATCH-UP LIMITATION.—In the 
case of any taxable year beginning in a calendar year 
after 2023, the $1,000 amount under subparagraph 
(B)(ii) shall be increased by an amount equal to— 
‘‘(I) such dollar amount, multiplied by 
‘‘(II) the cost-of-living adjustment determined 
under section 1(f)(3) for the calendar year in which 
the taxable year begins, determined by sub-
stituting ‘calendar year 2022’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
If any amount after adjustment under the preceding 
sentence is not a multiple of $100, such amount shall 
be rounded to the next lower multiple of $100.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after December 31, 2023.
H. R. 2617—832 
SEC. 109. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND 
63. 
(a) IN GENERAL.— 
(1) 
PLANS
OTHER
THAN
SIMPLE
PLANS.—Section 
414(v)(2)(B)(i) is amended by inserting the following before 
the period: ‘‘(the adjusted dollar amount, in the case of an 
eligible participant who would attain age 60 but would not 
attain age 64 before the close of the taxable year)’’. 
(2) SIMPLE PLANS.—Section 414(v)(2)(B)(ii) is amended by 
inserting the following before the period: ‘‘(the adjusted dollar 
amount, in the case of an eligible participant who would attain 
age 60 but would not attain age 64 before the close of the 
taxable year)’’. 
(b) ADJUSTED DOLLAR AMOUNT.—Section 414(v)(2) is amended 
by adding at the end the following new subparagraph: 
‘‘(E) ADJUSTED
DOLLAR
AMOUNT.—For purposes of 
subparagraph (B), the adjusted dollar amount is— 
‘‘(i) in the case of clause (i) of subparagraph (B), 
the greater of— 
‘‘(I) $10,000, or 
‘‘(II) an amount equal to 150 percent of the 
dollar amount which would be in effect under such 
clause for 2024 for eligible participants not 
described in the parenthetical in such clause, or 
‘‘(ii) in the case of clause (ii) of subparagraph (B), 
the greater of— 
‘‘(I) $5,000, or 
‘‘(II) an amount equal to equal to 150 percent 
of the dollar amount which would be in effect 
under such clause for 2025 for eligible participants 
not described in the parenthetical in such clause.’’. 
(c) COST-OF-LIVING ADJUSTMENTS.—Subparagraph (C) of section 
414(v)(2) is amended by adding at the end the following: ‘‘In the 
case of a year beginning after December 31, 2025, the Secretary 
shall adjust annually the adjusted dollar amounts applicable under 
clauses (i) and (ii) of subparagraph (E) for increases in the cost- 
of-living at the same time and in the same manner as adjustments 
under the preceding sentence; except that the base period taken 
into account shall be the calendar quarter beginning July 1, 2024.’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after December 31, 2024. 
SEC. 110. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE 
DEFERRALS FOR PURPOSES OF MATCHING CONTRIBU-
TIONS. 
(a) IN GENERAL.—Subparagraph (A) of section 401(m)(4) is 
amended by striking ‘‘and’’ at the end of clause (i), by striking 
the period at the end of clause (ii) and inserting ‘‘, and’’, and 
by adding at the end the following new clause: 
‘‘(iii) subject to the requirements of paragraph (14), 
any employer contribution made to a defined contribu-
tion plan on behalf of an employee on account of a 
qualified student loan payment.’’. 
(b) QUALIFIED STUDENT LOAN PAYMENT.—Paragraph (4) of sec-
tion 401(m) is amended by adding at the end the following new 
subparagraph:
H. R. 2617—834 
have debt incurred under a qualified education loan 
(as defined in section 221(d)(1)). 
‘‘(ii) STUDENT
LOAN
PAYMENTS
NOT
TREATED
AS 
PLAN CONTRIBUTION.—Except as provided in clause (iii), 
a qualified student loan payment shall not be treated 
as a contribution to a plan under this title. 
‘‘(iii) MATCHING CONTRIBUTION RULES.—Solely for 
purposes of meeting the requirements of paragraph 
(11)(B), (12), or (13) of this subsection, or paragraph 
(11)(B)(i)(II), (12)(B), (13)(D), or (16)(D) of subsection 
(k), a plan may treat a qualified student loan payment 
as an elective deferral or an elective contribution, 
whichever is applicable. 
‘‘(iv) ACTUAL DEFERRAL PERCENTAGE TESTING.—In 
determining whether a plan meets the requirements 
of subsection (k)(3)(A)(ii) for a plan year, the plan 
may apply the requirements of such subsection sepa-
rately with respect to all employees who receive 
matching 
contributions 
described 
in 
paragraph 
(4)(A)(iii) for the plan year. 
‘‘(C) EMPLOYER
MAY
RELY
ON
EMPLOYEE
CERTIFI-
CATION.—The employer may rely on an employee certifi-
cation of payment under paragraph (4)(D)(ii).’’. 
(d) SIMPLE RETIREMENT ACCOUNTS.—Paragraph (2) of section 
408(p) is amended by adding at the end the following new subpara-
graph: 
‘‘(F) MATCHING CONTRIBUTIONS FOR QUALIFIED STUDENT 
LOAN PAYMENTS.— 
‘‘(i) IN GENERAL.—Subject to the rules of clause 
(iii), an arrangement shall not fail to be treated as 
meeting the requirements of subparagraph (A)(iii) 
solely because under the arrangement, solely for pur-
poses of such subparagraph, qualified student loan pay-
ments are treated as amounts elected by the employee 
under subparagraph (A)(i)(I) to the extent such pay-
ments do not exceed— 
‘‘(I) the applicable dollar amount under 
subparagraph (E) (after application of section 
414(v)) for the year (or, if lesser, the employee’s 
compensation (as defined in section 415(c)(3)) for 
the year), reduced by 
‘‘(II) any other amounts elected by the 
employee under subparagraph (A)(i)(I) for the year. 
‘‘(ii) QUALIFIED STUDENT LOAN PAYMENT.—For pur-
poses of this subparagraph— 
‘‘(I) IN GENERAL.—The term ‘qualified student 
loan payment’ means a payment made by an 
employee in repayment of a qualified education 
loan (as defined in section 221(d)(1)) incurred by 
the employee to pay qualified higher education 
expenses, but only if the employee certifies to the 
employer making the matching contribution that 
such payment has been made on such a loan. 
‘‘(II) 
QUALIFIED
HIGHER
EDUCATION 
EXPENSES.—The term ‘qualified higher education 
expenses’ has the same meaning as when used 
in section 401(m)(4)(D).
H. R. 2617—835 
‘‘(iii) APPLICABLE
RULES.—Clause (i) shall apply 
to an arrangement only if, under the arrangement— 
‘‘(I) matching contributions on account of 
qualified student loan payments are provided only 
on behalf of employees otherwise eligible to elect 
contributions under subparagraph (A)(i)(I), and 
‘‘(II) all employees otherwise eligible to partici-
pate in the arrangement are eligible to receive 
matching contributions on account of qualified stu-
dent loan payments.’’. 
(e) 403(b) PLANS.—Subparagraph (A) of section 403(b)(12) is 
amended by adding at the end the following: ‘‘The fact that the 
employer offers matching contributions on account of qualified stu-
dent loan payments as described in section 401(m)(13) shall not 
be taken into account in determining whether the arrangement 
satisfies the requirements of clause (ii) (and any regulation there-
under).’’. 
(f) 457(b) PLANS.—Subsection (b) of section 457 is amended 
by adding at the end the following: ‘‘A plan which is established 
and maintained by an employer which is described in subsection 
(e)(1)(A) shall not be treated as failing to meet the requirements 
of this subsection solely because the plan, or another plan main-
tained by the employer which meets the requirements of section 
401(a) or 403(b), provides for matching contributions on account 
of qualified student loan payments as described in section 
401(m)(13).’’. 
(g) REGULATORY AUTHORITY.—The Secretary of the Treasury 
(or such Secretary’s delegate) shall prescribe regulations for pur-
poses of implementing the amendments made by this section, 
including regulations— 
(1) permitting a plan to make matching contributions for 
qualified student loan payments, as defined in sections 
401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code 
of 1986, as added by this section, at a different frequency 
than matching contributions are otherwise made under the 
plan, provided that the frequency is not less than annually; 
(2) permitting employers to establish reasonable procedures 
to claim matching contributions for such qualified student loan 
payments under the plan, including an annual deadline (not 
earlier than 3 months after the close of each plan year) by 
which a claim must be made; and 
(3) promulgating model amendments which plans may 
adopt to implement matching contributions on such qualified 
student loan payments for purposes of sections 401(m), 408(p), 
403(b), and 457(b) of the Internal Revenue Code of 1986. 
(h) EFFECTIVE DATE.—The amendments made by this section 
shall apply to contributions made for plan years beginning after 
December 31, 2023. 
SEC. 111. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION 
PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN 
EXISTING PLAN. 
(a) IN GENERAL.—Section 45E(d)(3)(A) is amended by striking 
‘‘effective’’ and inserting ‘‘effective with respect to the eligible 
employer’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall take effect as if included in the enactment of section 104
H. R. 2617—836 
of the Setting Every Community Up for Retirement Enhancement 
Act of 2019. 
SEC. 112. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT 
FOR SMALL EMPLOYERS. 
(a) IN GENERAL.—Subpart D of part IV of subchapter A of 
chapter 1 is amended by adding at the end the following new 
section: 
‘‘SEC. 45AA. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY 
CREDIT FOR SMALL EMPLOYERS. 
‘‘(a) IN GENERAL.—For purposes of section 38, in the case of 
any eligible small employer, the military spouse retirement plan 
eligibility credit determined under this section for any taxable year 
is an amount equal to the sum of— 
‘‘(1) $200 with respect to each military spouse who is an 
employee of such employer and who participates in an eligible 
defined contribution plan of such employer at any time during 
such taxable year, plus 
‘‘(2) so much of the contributions made by such employer 
(other than an elective deferral (as defined in section 402(g)(3)) 
to all such plans with respect to such employee during such 
taxable year as do not exceed $300. 
‘‘(b) LIMITATION.—An individual shall only be taken into account 
as a military spouse under subsection (a) for the taxable year 
which includes the date on which such individual began partici-
pating in the eligible defined contribution plan of the employer 
and the 2 succeeding taxable years. 
‘‘(c) ELIGIBLE SMALL EMPLOYER.—For purposes of this section, 
the term ‘eligible small employer’ means an eligible employer (as 
defined in section 408(p)(2)(C)(i)(I). 
‘‘(d) MILITARY SPOUSE.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘military spouse’ means, with 
respect to any employer, any individual who is married (within 
the meaning of section 7703 as of the first date that the 
employee is employed by the employer) to an individual who 
is a member of the uniformed services (as defined section 
101(a)(5) of title 10, United States Code) serving on active 
duty. For purposes of this section, an employer may rely on 
an employee’s certification that such employee’s spouse is a 
member of the uniformed services if such certification provides 
the name, rank, and service branch of such spouse. 
‘‘(2) EXCLUSION
OF
HIGHLY
COMPENSATED
EMPLOYEES.— 
With respect to any employer, the term ‘military spouse’ shall 
not include any individual if such individual is a highly com-
pensated employee of such employer (within the meaning of 
section 414(q)). 
‘‘(e) ELIGIBLE DEFINED CONTRIBUTION PLAN.—For purposes of 
this section, the term ‘eligible defined contribution plan’ means, 
with respect to any eligible small employer, any defined contribution 
plan (as defined in section 414(i)) of such employer if, under the 
terms of such plan— 
‘‘(1) military spouses employed by such employer are 
eligible to participate in such plan not later than the date 
which is 2 months after the date on which such individual 
begins employment with such employer, and 
‘‘(2) military spouses who are eligible to participate in 
such plan—
H. R. 2617—837 
‘‘(A) are immediately eligible to receive an amount 
of employer contributions under such plan which is not 
less the amount of such contributions that a similarly 
situated participant who is not a military spouse would 
be eligible to receive under such plan after 2 years of 
service, and 
‘‘(B) immediately have a nonforfeitable right to the 
employee’s accrued benefit derived from employer contribu-
tions under such plan. 
‘‘(f) AGGREGATION RULE.—All persons treated as a single 
employer under subsection (b), (c), (m), or (o) of section 414 shall 
be treated as one employer for purposes of this section.’’. 
(b) CREDIT ALLOWED AS PART OF GENERAL BUSINESS CREDIT.— 
Section 38(b) is amended by striking ‘‘plus’’ at the end of paragraph 
(39), by striking the period at the end of paragraph (40) and 
inserting ‘‘, plus’’, and by adding at the end the following new 
paragraph: 
‘‘(41) in the case of an eligible small employer (as defined 
in section 45AA(c)), the military spouse retirement plan eligi-
bility credit determined under section 45AA(a).’’. 
(c) SPECIFIED CREDIT
FOR PURPOSES
OF CERTIFIED PROFES-
SIONAL EMPLOYER ORGANIZATIONS.—Section 3511(d)(2) is amended 
by redesignating subparagraphs (F), (G), and (H) as subparagraphs 
(G), (H), and (I), respectively, and by inserting after subparagraph 
(E) the following new subparagraph: 
‘‘(F) section 45AA (military spouse retirement plan 
eligibility credit),’’. 
(d) CLERICAL AMENDMENT.—The table of sections for subpart 
D of part IV of subchapter A of chapter 1 is amended by adding 
at the end the following new item: 
‘‘Sec. 45AA. Military spouse retirement plan eligibility credit for small employers.’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after the date of the enact-
ment of this Act. 
SEC. 113. SMALL IMMEDIATE FINANCIAL INCENTIVES FOR CONTRIB-
UTING TO A PLAN. 
(a) IN GENERAL.—Subparagraph (A) of section 401(k)(4) is 
amended by inserting ‘‘(other than a de minimis financial incentive 
(not paid for with plan assets) provided to employees who elect 
to have the employer make contributions under the arrangement 
in lieu of receiving cash)’’ after ‘‘any other benefit’’. 
(b) SECTION
403(b) PLANS.—Subparagraph (A) of section 
403(b)(12), as amended by the preceding provisions of this Act, 
is further amended by adding at the end the following: ‘‘A plan 
shall not fail to satisfy clause (ii) solely by reason of offering 
a de minimis financial incentive (not derived from plan assets) 
to employees to elect to have the employer make contributions 
pursuant to a salary reduction agreement.’’. 
(c) EXEMPTION FROM PROHIBITED TRANSACTION RULES.—Sub-
section (d) of section 4975 is amended by striking ‘‘or’’ at the 
end of paragraph (22), by striking the period at the end of paragraph 
(23) and inserting ‘‘, or’’, and by adding at the end the following 
new paragraph: 
‘‘(24) the provision of a de minimis financial incentive 
described in section 401(k)(4)(A).’’.