I 
114TH CONGRESS 
2D SESSION 
H. R. 4699 
To amend the Internal Revenue Code of 1986 to provide for parent savings 
accounts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2016 
Mr. KATKO (for himself and Ms. SINEMA) introduced the following bill; which 
was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
for parent savings accounts, 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 ‘‘Working Parents 
Flexibility Act of 2016’’. 
SEC. 2. PARENTAL LEAVE SAVINGS ACCOUNTS. 
(a) IN GENERAL.—Part VII of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 is amended 
by redesignating section 224 as section 225 and by insert-
ing after section 223 the following new section: 
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‘‘SEC. 224. PARENTAL LEAVE SAVINGS ACCOUNTS. 
‘‘(a) ALLOWANCE OF DEDUCTION.— 
‘‘(1) IN GENERAL.—In the case of an individual 
who is an eligible individual for any month during 
the taxable year, there shall be allowed as a deduc-
tion for the taxable year an amount equal to the ag-
gregate amount paid in cash during such taxable 
year by such individual to a parental leave savings 
account of such individual. 
‘‘(b) LIMITATIONS.— 
‘‘(1) ANNUAL
LIMITATION
FOR
ANY
YEAR.— 
The amount allowable as a deduction under sub-
section (a) to an eligible individual for the taxable 
year shall not exceed $6,750. 
‘‘(2) OVERALL
LIMITATION.—The aggregate 
amounts contributed to a parental leave savings ac-
count for all taxable years shall not exceed $24,000. 
‘‘(3) ADJUSTED GROSS INCOME LIMITATION.— 
In the case of a taxpayer whose adjusted gross in-
come exceeds $250,000 for the taxable year, the dol-
lar limitation under paragraph (1) for such taxable 
year shall be zero. 
‘‘(4) DENIAL
OF
DEDUCTION
TO
DEPEND-
ENTS.—No deduction shall be allowed under this 
section to any individual with respect to whom a de-
duction under section 151 is allowable to another 
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taxpayer for a taxable year beginning in the cal-
endar year in which such individual’s taxable year 
begins. 
‘‘(5) COORDINATION
WITH
EMPLOYER
CON-
TRIBUTIONS.—The limitation which would (but for 
this paragraph) apply under this subsection to an in-
dividual for any taxable year shall be reduced (but 
not below zero) by the aggregate amount contributed 
to a parental leave savings account of such indi-
vidual which is excludable from the taxpayer’s ad-
justed gross income for such taxable year under sec-
tion 139G (and such amount shall not be allowed as 
a deduction under subsection (a)). 
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 
section, the term ‘eligible individual’ means, with respect 
to any month, any individual who has earned income from 
employment during the 12 months preceding the month 
in which the parental leave savings account is established. 
‘‘(d) PARENTAL LEAVE SAVINGS ACCOUNT.—For 
purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘parental leave 
savings account’ means a trust created or organized 
in the United States exclusively for the purpose of 
making distributions for the care of a child of the 
account owner, but only if the written governing in-
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strument creating the trust meets the following re-
quirements: 
‘‘(A) Except in the case of a rollover con-
tribution described in subsection (e)(3), no con-
tribution will be accepted— 
‘‘(i) unless it is in cash, or 
‘‘(ii) to the extent such contribution— 
‘‘(I) when added to previous con-
tributions to the trust for the calendar 
year, exceeds the dollar amount in ef-
fect under subsection (b)(1), or 
‘‘(II) when added to all previous 
contributions to the trust, exceeds the 
limit under subsection (b)(2). 
‘‘(B) The trustee is a bank (as defined in 
section 408(n)), or another person who dem-
onstrates to the satisfaction of the Secretary 
that the manner in which such person will ad-
minister the trust will be consistent with the re-
quirements of this section. 
‘‘(C) No part of the trust assets will be in-
vested in life insurance contracts. 
‘‘(D) The assets of the trust will not be 
commingled with other property except in a 
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common trust fund or common investment 
fund. 
‘‘(E) The interest of an individual in the 
balance in his account is nonforfeitable. 
‘‘(2) CERTAIN RULES TO APPLY.—Rules similar 
to the following rules shall apply for purposes of this 
section: 
‘‘(A) Section 219(d)(2) (relating to no de-
duction for rollovers). 
‘‘(B) Section 219(f)(3) (relating to time 
when contributions deemed made). 
‘‘(C) Except as provided in section 106(d), 
section 219(f)(5) (relating to employer pay-
ments). 
‘‘(D) Section 408(g) (relating to commu-
nity property laws). 
‘‘(e) TAX TREATMENT OF DISTRIBUTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any distribution from a parental leave 
savings account shall be included in the gross in-
come of the account owner. 
‘‘(2) EARLY PARENTHOOD PAYMENTS OR IMME-
DIATE RETURN OF CONTRIBUTIONS.— 
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‘‘(A) IN GENERAL.—Any amount paid or 
distributed out of a parental leave savings ac-
count which— 
‘‘(i) is made pursuant to a request by 
the account owner and not later than 1 
year after the birth or adoption of a child 
of the account owner, or 
‘‘(ii) is not more than the amount of 
contributions made to the account during 
the 30-day period ending on the date of 
such distribution, 
shall not be included in gross income. Clause 
(ii) shall not apply if a deduction is allowed 
with respect to such contribution. 
‘‘(B) RETURN
OF
CONTRIBUTION
NOT 
TAKEN
INTO
ACCOUNT
IN
DETERMINING
DE-
DUCTION.—The amount allowed as a deduction 
under subsection (a) for the taxable year (deter-
mined without regard to this subparagraph) 
shall be reduced by the amount of distributions 
made during the taxable year under subpara-
graph (A)(ii). 
‘‘(C) COORDINATION
WITH
DEPENDENT 
CARE
TAX
CREDIT.—The employment-related 
expenses (as defined in section 21(b)(2)) taken 
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into account with respect to any child of the 
taxpayer in determining the credit under sec-
tion 21 for the taxable year (determined with-
out regard to this subparagraph) shall be re-
duced by any amounts excluded from gross in-
come for the taxable year under subparagraph 
(A)(i) with respect to such child. 
‘‘(3) ROLLOVER CONTRIBUTIONS.—An amount 
is described in this paragraph as a rollover contribu-
tion if it meets the requirements of subparagraphs 
(A) and (B). 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to any amount paid or distributed 
from a parental leave savings account to the ac-
count owner if— 
‘‘(i) the entire amount received is paid 
into an individual retirement account or in-
dividual retirement annuity (other than an 
endowment contract) for the benefit of 
such individual not later than the 60th day 
after the day on which he receives the pay-
ment or distribution, or 
‘‘(ii) the entire amount received is 
paid into an eligible retirement plan for 
the benefit of such individual not later 
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than the 60th day after the date on which 
the payment or distribution is received, ex-
cept the maximum amount which may be 
paid into such plan may not exceed the 
portion of the amount received which is in-
cludible in gross income (determined with-
out regard to this paragraph). 
For purposes of clause (ii), the term ‘eligible re-
tirement plan’ means an eligible retirement plan 
described in clause (iii), (iv), (v), or (vi) of sec-
tion 402(c)(8)(B). 
‘‘(B) LIMITATION.—This paragraph does 
not apply to any amount described in subpara-
graph (A)(i) received by an individual from a 
parental leave savings account if at any time 
during the 1-year period ending on the day of 
such receipt such individual received any other 
amount described in that subparagraph from a 
parental leave savings account which was not 
includible in his gross income because of the ap-
plication of this paragraph. 
‘‘(C) SPECIAL
RULE
FOR
529
AND
529A 
FUNDING DISTRIBUTIONS.— 
‘‘(i) IN GENERAL.—A plan shall not 
fail to be treated as a parental leave sav-
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ings account under this section solely be-
cause the account provides for distribu-
tions from a parental leave savings account 
to a qualified tuition program (as defined 
in section 529(b)) or a qualified ABLE 
program (as defined in section 529A(b)) of 
the taxpayer or a child of the taxpayer (as 
defined in section 529(e)). 
‘‘(ii) TAX
TREATMENT.—Paragraph 
(1) shall not apply to so much of any such 
distribution as is allocable to earnings on 
the amounts contributed by the taxpayer to 
the parental leave savings account. 
‘‘(4) ADDITIONAL TAX FOR DISTRIBUTIONS NOT 
USED
FOR
EARLY
PARENTHOOD
PAYMENTS.—The 
tax imposed by this chapter on the account owner 
for any taxable year in which there is a payment or 
distribution from a parental leave savings account of 
such account owner which is includible in gross in-
come under subparagraph (1) shall be increased by 
20 percent of the amount which is so includible. The 
preceding sentence shall not apply to the portion of 
a distribution described in subparagraph (C)(i) that 
is so includible. 
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‘‘(5) EXCESS CONTRIBUTIONS RETURNED BE-
FORE DUE DATE OF RETURN.— 
‘‘(A) IN
GENERAL.—If any excess con-
tribution is contributed for a taxable year to 
any parental leave savings account of an indi-
vidual, paragraph (1) shall not apply to dis-
tributions from the parental leave savings ac-
count of such individual (to the extent such dis-
tributions do not exceed the aggregate excess 
contributions to the account of such individual 
for such year) if— 
‘‘(i) such distribution is received by 
the individual on or before the last day 
prescribed by law (including extensions of 
time) for filing such individual’s return for 
such taxable year, and 
‘‘(ii) such distribution is accompanied 
by the amount of net income attributable 
to such excess contribution. 
Any net income described in clause (ii) shall be 
included in the gross income of the individual 
for the taxable year in which it is received. 
‘‘(B) EXCESS
CONTRIBUTION.—For pur-
poses of subparagraph (A), the term ‘excess 
contribution’ means any contribution (other 
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