‘‘(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 pur-
chased meeting the requirements of paragraph (15) there-
of, such plan shall be treated as a single plan for purposes 
of this section.’’. 
(d) AMENDMENTS TO EMPLOYEE RETIREMENT AND 
INCOME SECURITY ACT OF 1974.— 
(1) TREATED AS POOLED EMPLOYER PLAN.— 
(A) IN GENERAL.—Section 3(43)(A) of the 
Employee Retirement and Income Security Act 
of 1974 is amended— 
(i) in clause (ii), by striking ‘‘section 
501(a) of such Code or’’ and inserting 
‘‘501(a) of such Code, a plan that consists 
of contracts described in section 403(b) of 
such Code, or’’; and 
(ii) in the flush text at the end, by 
striking ‘‘the plan.’’ and inserting ‘‘the 
plan, but such term shall include any pro-
gram (other than a governmental plan) 
maintained for the benefit of the employees 
of more than 1 employer that consists of 
contracts described in section 403(b) of 
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such Code and that meets the require-
ments of subparagraph (A) or (B) of sec-
tion 413(e)(1) of such Code.’’. 
(B) 
CONFORMING
AMENDMENTS.—Sec-
tions 3(43)(B)(v)(II) and 3(44)(A)(i)(I) of such 
Act are each amended by striking ‘‘section 
401(a) of such Code or’’ and inserting ‘‘401(a) 
of such Code, a plan that consists of contracts 
described in section 403(b) of such Code, or’’. 
(2) FIDUCIARIES.—Section 3(43)(B)(ii) of such 
Act is amended— 
(A) by striking ‘‘trustees meeting the re-
quirements of section 408(a)(2) of the Internal 
Revenue Code of 1986’’ and inserting ‘‘trustees 
(or other fiduciaries in the case of a plan that 
consists of contracts described in section 403(b) 
of the Internal Revenue Code of 1986) meeting 
the requirements of section 408(a)(2) of such 
Code’’, and 
(B) by striking ‘‘holding’’ and inserting 
‘‘holding (or causing to be held under the terms 
of a plan consisting of such contracts)’’. 
(e) REGULATIONS
RELATING
TO
PLAN
TERMI-
NATION.—The Secretary of the Treasury (or the Sec-
retary’s designee) shall prescribe such regulations as may 
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be necessary to clarify the treatment of a plan termination 
by an employer in the case of plans to which section 
403(b)(15) of such Code applies. 
(f) MODIFICATION OF MODEL PLAN LANGUAGE.— 
(1) PLAN
NOTIFICATIONS.—The Secretary of 
the Treasury (or the Secretary’s designee) shall 
modify the model plan language published under sec-
tion 413(e)(5) of the Internal Revenue Code of 1986 
to include language which notifies participating em-
ployers which are exempt from tax under section 
501(a) of such Code that the plan is subject to the 
Employee Retirement and 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) NON-GOVERNMENTAL 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 foregoing) the Secretary shall 
publish model plan language similar to model plan 
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language published under section 413(e)(5) of such 
Code. 
(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 em-
ployer, or to any application of rules similar to section 
413(e) of such Code to such a plan, no inference shall 
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, 2020. 
(2) RULE OF CONSTRUCTION.—Nothing in the 
amendments made by subsection (a) shall be con-
strued 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 re-
quirement applicable under such Code with respect 
to one employer (and its employees) in the case of 
a plan to which section 403(b)(15) applies. 
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SEC. 5. APPLICATION OF CREDIT FOR SMALL EMPLOYER 
PENSION PLAN STARTUP COSTS TO EMPLOY-
ERS WHICH JOIN AN EXISTING PLAN. 
(a) IN GENERAL.—Section 45E(d)(3)(A) of the In-
ternal Revenue Code of 1986 is amended by striking ‘‘ef-
fective’’ and inserting ‘‘effective with respect to the eligible 
employer’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to eligible employer plans which 
become effective with respect to the eligible employer after 
the date of the enactment of this Act. 
SEC. 6. HARMONIZATION OF TREATMENT OF IRAS WITH 
EMPLOYER PLANS. 
(a) STATUTE OF LIMITATIONS.—Section 6501(l) of 
the Internal Revenue Code of 1986 is amended— 
(1) in paragraph (1), by inserting ‘‘(other than 
with respect to an individual retirement plan)’’ after 
‘‘section 4975’’, and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) INDIVIDUAL
RETIREMENT
PLANS.—For 
purposes of any tax imposed by section 4973, 4974, 
or 4975 in connection with an individual retirement 
plan, the return referred to in this section shall be 
the income tax return filed by the person on whom 
the tax under such section is imposed for the year 
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in which the act (or failure to act) giving rise to the 
liability for such tax occurred. In the case of a per-
son who is not required to file an income tax return 
for such year— 
‘‘(A) the return referred to in this section 
shall be the income tax return that such person 
would have been required to file but for the fact 
that such person was not required to file such 
return, and 
‘‘(B) the 3-year period referred to in sub-
section (a) with respect to the return shall be 
deemed to begin on the date by which the re-
turn would have been required to be filed (ex-
cluding any extension thereof).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after De-
cember 31, 2020. 
Æ 
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