I 
110TH CONGRESS 
2D SESSION 
H. R. 7293 
To suspend for 2008 and 2009 the required minimum distribution require-
ments with respect to certain defined contribution plans to the extent 
the interest of an individual in such plans does not exceed $300,000. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2008 
Mr. SESTAK introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To suspend for 2008 and 2009 the required minimum dis-
tribution requirements with respect to certain defined 
contribution plans to the extent the interest of an indi-
vidual in such plans does not exceed $300,000. 
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 ‘‘Financial Security in 
Retirement Act of 2008’’. 
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SEC. 2. SUSPENSION OF MINIMUM DISTRIBUTION RE-
QUIREMENTS FOR INTERESTS NOT GREATER 
THAN $300,000. 
(a) IN GENERAL.—In the case of an eligible defined 
contribution plan of an individual, sections 401(a)(9), 
404(a)(2), 
403(b)(10), 
408(a)(6), 
408(b)(3), 
and 
457(d)(2) of the Internal Revenue Code of 1986 shall not 
apply with respect to such individual for any year during 
the suspension period to the extent such individual’s inter-
est in all such plans as of December 31, 2008, is not 
greater than $300,000. 
(b) SUSPENSION PERIOD.—For purposes of this sec-
tion, the term ‘‘suspension period’’ means the period be-
ginning on January 1, 2008, and ending on December 31, 
2009. 
(c) ELIGIBLE DEFINED CONTRIBUTION PLAN.—For 
purposes of this section, the term ‘‘eligible defined con-
tribution plan’’ means— 
(1) a defined contribution plan (within the 
meaning of section 414(i) of such Code) which is— 
(A) an employee’s trust described in sec-
tion 401(a) of such Code which is exempt from 
tax under section 501(a) of such Code, 
(B) an annuity plan described in section 
403(a) of such Code, 
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(C) an annuity contract described in sec-
tion 403(b) of such Code, and 
(D) an eligible deferred compensation plan 
described in section 457(b) of such Code which 
is maintained by an eligible employer described 
in section 457(e)(1)(A) of such Code, and 
(2) an individual retirement plan (as defined in 
section 7701(a)(37) of such Code). 
(d) SPECIAL RULES.— 
(1) EXCEPTION FOR 5-YEAR RULE.—In the case 
of 
a 
distribution 
required 
under 
section 
401(a)(9)(B)(ii) of such Code, subsection (a) shall 
not apply. 
(2) DELAY IN REQUIRED MINIMUM DISTRIBU-
TION FOR 2008.—The required minimum distribution 
for 2008 (if any) with respect to any eligible defined 
contribution plan of an individual— 
(A) shall be determined on the basis of the 
individual’s interest in such plan determined as 
of December 31, 2008, and 
(B) shall be treated as timely made if such 
distribution is made before April 1, 2009. 
(3) AGGREGATION OF EMPLOYER PLANS.— 
(A) IN
GENERAL.—A plan shall not be 
treated as disqualified merely because the plan 
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treats the aggregate interest of the individual in 
all plans maintained by the employer (and any 
member of any controlled group which includes 
the employer) as such individual’s interest in all 
eligible defined contribution plans. 
(B) CONTROLLED GROUP.—For purposes 
of subparagraph (A), the term ‘‘controlled 
group’’ means any group treated as a single 
employer under subsection (b), (c), (m), or (o) 
of section 414 of such Code. 
(4) EXEMPTION
OF
DISTRIBUTIONS
DURING 
SUSPENSION PERIOD FROM TRUSTEE TRANSFER AND 
WITHHOLDING
RULES.—For purposes of sections 
401(a)(31), 402(f), and 3405 of such Code, any dis-
tribution during the suspension period which, but for 
subsection (a), would have been a required distribu-
tion under section 401(a)(9) of such Code shall not 
be treated as an eligible rollover distribution. 
(e) REGULATIONS.—The Secretary of the Treasury 
shall prescribe such regulations as may be necessary to 
carry out the purposes of this section, including rules pro-
viding for the allocation of the $300,000 amount described 
in subsection (a) in the case of an individual with an inter-
est in more than 1 defined contribution plan. 
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(f) PROVISIONS
RELATING
TO
PLAN
AMEND-
MENTS.— 
(1) IN GENERAL.—If this subsection applies to 
any plan or annuity contract, such plan or contract 
shall be treated as being operated in accordance with 
the terms of the plan during the period described in 
paragraph (2)(B)(i). 
(2) AMENDMENTS TO WHICH SUBSECTION AP-
PLIES.— 
(A) IN
GENERAL.—This subsection shall 
apply to any amendment to any plan or annuity 
contract which is made— 
(i) pursuant to this section or pursu-
ant to any regulation issued by the Sec-
retary of the Treasury to carry out this 
section, and 
(ii) on or before the last day of the 
first plan year beginning on or after Janu-
ary 1, 2009. 
(B) CONDITIONS.—This subsection shall 
not apply to any amendment unless— 
(i) during the period beginning on the 
first day of the suspension period and end-
ing on the date described in subparagraph 
(A)(ii) (or, if earlier, the date the plan or 
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contract amendment is adopted) the plan 
or contract is operated as if such plan or 
contract amendment were in effect, and 
(ii) such plan or contract amendment 
applies retroactively for such period. 
(g) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act. 
Æ 
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