I 
116TH CONGRESS 
1ST SESSION H. R. 4043 
To amend the Internal Revenue Code of 1986 to protect employees in the 
building and construction industry who are participants in multiemployer 
plans, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2019 
Mr. LUETKEMEYER (for himself, Mr. CLAY, Mr. BOST, Mr. RODNEY DAVIS 
of Illinois, and Mr. SHIMKUS) introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the 
Committee on Education and Labor, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Internal Revenue Code of 1986 to protect 
employees in the building and construction industry who 
are participants in multiemployer plans, and for other 
purposes. 
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 ‘‘Vested Employee Pen-
sion Benefit Protection Act’’. 
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SEC. 2. MINIMUM AGE FOR DISTRIBUTIONS DURING WORK-
ING RETIREMENT. 
(a) INTERNAL REVENUE CODE OF 1986.—Section 
401(a)(36) of the Internal Revenue Code of 1986 is 
amended to read as follows: 
‘‘(36) DISTRIBUTIONS
DURING
WORKING
RE-
TIREMENT.— 
‘‘(A) IN GENERAL.—A trust forming part 
of a pension plan shall not be treated as failing 
to constitute a qualified trust under this section 
solely because the plan provides that a distribu-
tion may be made from such trust to an em-
ployee who has attained age 62 and who is not 
separated from employment at the time of such 
distribution. 
‘‘(B) CERTAIN EMPLOYEES IN THE BUILD-
ING AND CONSTRUCTION INDUSTRY.— 
‘‘(i) IN GENERAL.—In order to allow 
for unique conditions of employment in the 
building and construction industry, sub-
paragraph (A) shall be applied by sub-
stituting ‘age 55’ for ‘age 62’ in the case 
of a multiemployer plan described in sec-
tion 4203(b)(1)(B)(i) of the Employee Re-
tirement Income Security Act of 1974, 
with respect to individuals who were par-
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ticipants in such plan on or before April 
30, 2013, if— 
‘‘(I) the trust to which subpara-
graph (A) applies was in existence be-
fore January 1, 1970, 
‘‘(II) before December 31, 2011, 
at a time when the plan provided that 
distributions may be made to an em-
ployee who has attained age 55 and 
who is not separated from employ-
ment at the time of such distribution, 
the plan received at least 1 written 
determination from the Internal Rev-
enue Service that the trust to which 
subparagraph (A) applies constituted 
a qualified trust under this section, 
and 
‘‘(III) the plan provides that the 
benefit accrued on account of service 
performed after distributions begin 
under subparagraph (A) (as modified 
by subparagraph (B) without regard 
to this subclause) shall be treated and 
paid as a pension separate from the 
pension earned before such distribu-
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tions begin, and that payment of such 
separate benefit shall not commence 
until the employee attains the plan’s 
normal retirement age. 
‘‘(ii) SUSPENSION
OF
PAYMENTS
IF 
PLAN IN ENDANGERED OR CRITICAL STA-
TUS.—Clause (i) shall not apply to a mul-
tiemployer plan during the period for 
which the multiemployer plan is in endan-
gered or critical status (as defined under 
section 432) beginning after the first year 
the plan is in either of such statuses and 
ending with the first plan year for which 
the plan is not in either of such statuses.’’. 
(b) EMPLOYEE RETIREMENT INCOME SECURITY ACT 
OF 1974.—Section 3(2)(A) of Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 1002(2)(A)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘(age 55 in the case of a plan to which section 
401(a)(36)(B) of the Internal Revenue Code of 1986 ap-
plies)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to distributions made before, on, 
or after the date of the enactment of this Act. 
Æ 
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