eligible employee if such eligible employee 
makes an affirmative election— 
‘‘(I) to not have such contribu-
tions made, or 
‘‘(II) to make elective contribu-
tions at a level specified in such af-
firmative election. 
‘‘(iii) QUALIFIED PERCENTAGE.—For 
purposes of this subparagraph, the term 
‘qualified percentage’ means, with respect 
to any employee, any percentage deter-
mined under the plan if such percentage is 
applied uniformly and is not less than 3 or 
more than 15 percent. 
‘‘(D) CONTRIBUTION LIMITATIONS.— 
‘‘(i) IN GENERAL.—The requirements 
of this subparagraph are met if, under the 
plan— 
‘‘(I) the only contributions which 
may be made are elective contribu-
tions of eligible employees, and 
‘‘(II) the aggregate amount of 
such elective contributions which may 
be made with respect to any employee 
VerDate Sep 11 2014 
17:07 Jun 28, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8125.IH
H8125
pamtmann on DSKBC07HB2PROD with BILLS
for any calendar year shall not exceed 
$6,000. 
‘‘(ii) COST-OF-LIVING ADJUSTMENT.— 
In the case of any calendar year beginning 
after December 31, 2023, the $6,000 
amount under clause (i) shall be adjusted 
in the same manner as under section 
402(g)(4), except that ‘2022’ shall be sub-
stituted for ‘2005’. 
‘‘(iii) CROSS REFERENCE.—For catch- 
up contributions for individuals age 50 or 
over, see section 414(v)(2)(B)(ii). 
‘‘(E) ELIGIBLE EMPLOYER.—For purposes 
of this paragraph— 
‘‘(i) IN GENERAL.—The term ‘eligible 
employer’ means any employer which, dur-
ing the first plan year of the plan de-
scribed in subparagraph (B), does not 
maintain any other qualified plan. An em-
ployer treated as an eligible employer 
under the preceding sentence shall be 
treated as an eligible employer with respect 
to the plan for any subsequent plan year 
without regard to whether it maintains an-
other qualified plan. 
VerDate Sep 11 2014 
17:07 Jun 28, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8125.IH
H8125
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(ii) QUALIFIED
PLAN.—The term 
‘qualified plan’ means a plan, contract, 
pension, account, or trust described in sub-
paragraph (A) or (B) of paragraph (5) of 
section 219(g) (determined without regard 
to the last sentence of such paragraph 
(5)). 
‘‘(F) ELIGIBLE EMPLOYEE.—For purposes 
of this paragraph, the term ‘eligible employee’ 
means any employee of the employer other than 
an employee who is permitted to be excluded 
under paragraph (12)(A).’’. 
(c) CATCH-UP CONTRIBUTIONS
FOR INDIVIDUALS 
AGE 50 AND OVER.— 
(1) Section 414(v)(2)(B) of the Internal Rev-
enue Code of 1986 is amended by inserting ‘‘, 
401(k)(16), 403(b)(15),’’ after ‘‘401(k)(11)’’ each 
place it appears. 
(2) Section 414(v)(3)(B) of such Code is 
amended— 
(A) by inserting ‘‘, 401(k)(16)’’ after 
‘‘401(k)(11)’’, and 
(B) by inserting ‘‘, 403(b)(15)’’ after 
‘‘403(b)(12)’’. 
VerDate Sep 11 2014 
17:07 Jun 28, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8125.IH
H8125
pamtmann on DSKBC07HB2PROD with BILLS
(d) SIMPLIFIED REPORTING.—Section 104(a)(2)(A) 
of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1024(a)(2)) is amended by striking ‘‘or’’ at 
the end of clause (i), by redesignating clause (ii) as clause 
(iii), and by inserting after clause (i) the following new 
clause: 
‘‘(ii) is a starter 401(k) deferral-only 
arrangement 
described 
in 
section 
401(k)(16)(B) of the Internal Revenue 
Code of 1986 or a safe harbor deferral- 
only plan described in section 403(b)(15) 
of such Code; or’’. 
(e) STARTER
AND
SAFE
HARBOR
PLANS
NOT 
TREATED AS TOP-HEAVY PLANS.—Subparagraph (H) of 
section 416(g)(4) of the Internal Revenue Code of 1986 
is amended— 
(1) by striking ‘‘ARRANGEMENTS’’ in the head-
ing and inserting ‘‘ARRANGEMENTS OR PLANS’’, 
(2) by striking ‘‘, and’’ at the end of clause (i) 
and inserting ‘‘and matching contributions with re-
spect 
to 
which 
the 
requirements 
of 
section 
401(m)(11) or 401(m)(12) are met, or’’, and 
(3) by striking clause (ii) and inserting after 
clause (i) the following new clause: 
VerDate Sep 11 2014 
17:07 Jun 28, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8125.IH
H8125
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(ii) a starter 401(k) deferral-only ar-
rangement 
described 
in 
section 
401(k)(16)(B) or a safe harbor deferral- 
only 
plan 
described 
in 
section 
403(b)(15).’’. 
(f) PLANS NOT SUBJECT TO EMPLOYEE RETIRE-
MENT INCOME SECURITY ACT OF 1974.—Applicable to 
plan years beginning after December 31, 2022, the Sec-
retary of Labor shall update Field Assistance Bulletin No. 
2010–01 to specify that the hiring of a new plan adminis-
trator or third-party administrator by a plan which is not 
previously subject to title I of the Employee Retirement 
Income Security Act of 1974 shall not cause such plan 
to be subject to such title. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after De-
cember 31, 2022. 
Æ 
VerDate Sep 11 2014 
17:07 Jun 28, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H8125.IH
H8125
pamtmann on DSKBC07HB2PROD with BILLS