H. R. 2617—898 
‘‘(D) satisfies such other criteria as the Secretary of 
the Treasury may determine appropriate, as prescribed 
in guidance issued in consultation with the Secretary of 
Labor. 
For purposes of this subsection, any eligibility to participate 
in the plan following any period for which such employee was 
not eligible to participate shall be treated as initial eligibility. 
‘‘(3) ANNUAL REMINDER NOTICE.—For purposes of this sub-
section, the term ‘annual reminder notice’ means the notice 
described in section 111(c) of the Employee Retirement Income 
Security Act of 1974.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to plan years beginning after December 31, 2022. 
SEC. 321. REVIEW OF PENSION RISK TRANSFER INTERPRETIVE BUL-
LETIN. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Labor shall— 
(1) review section 2509.95–1 of title 29, Code of Federal 
Regulations (relating to the fiduciary standards under the 
Employee Retirement Income Security Act of 1974 when 
selecting an annuity provider for a defined benefit pension 
plan) and consult with the Advisory Council on Employee Wel-
fare and Pension Benefit Plans (established under section 512 
of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1142)), to determine whether amendments to section 
2509.95–1 of title 29, Code of Federal Regulations are war-
ranted; and 
(2) report to Congress on the findings of such review and 
consultation, including an assessment of any risk to partici-
pants. 
SEC. 322. TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED TRANS-
ACTION. 
(a) IN GENERAL.—Section 408(e)(2)(A) is amended by striking 
‘‘and’’ at the end of clause (i), by striking the period at the end 
of clause (ii) and inserting ‘‘, and’’, and by adding at the end 
the following new clause: 
‘‘(iii) each individual retirement plan of the indi-
vidual shall be treated as a separate contract.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall apply to taxable years beginning after the date of the 
enactment of this Act. 
(2) NO INFERENCE.—Nothing in the amendments made by 
this section shall be construed to infer the proper treatment 
under the Internal Revenue Code of 1986 of individual retire-
ment plans as 1 contract in the case of any other provision 
of such Code to which the amendments made by this section 
do not apply. 
SEC. 323. CLARIFICATION OF SUBSTANTIALLY EQUAL PERIODIC PAY-
MENT RULE. 
(a) IN GENERAL.—Paragraph (4) of section 72(t) is amended 
by inserting at the end the following new subparagraph: 
‘‘(C) ROLLOVERS TO SUBSEQUENT PLAN.—If— 
‘‘(i) payments described in paragraph (2)(A)(iv) are 
being made from a qualified retirement plan,
H. R. 2617—899 
‘‘(ii) a transfer or a rollover from such qualified 
retirement plan of all or a portion of the taxpayer’s 
benefit under the plan is made to another qualified 
retirement plan, and 
‘‘(iii) distributions from the transferor and trans-
feree plans would in combination continue to satisfy 
the requirements of paragraph (2)(A)(iv) if they had 
been made only from the transferor plan, 
such transfer or rollover shall not be treated as a modifica-
tion under subparagraph (A)(ii), and compliance with para-
graph (2)(A)(iv) shall be determined on the basis of the 
combined distributions described in clause (iii).’’. 
(b) NONQUALIFIED ANNUITY CONTRACTS.—Paragraph (3) of sec-
tion 72(q) is amended— 
(1) by redesignating clauses (i) and (ii) of subparagraph 
(B) as subclauses (I) and (II), and by moving such subclauses 
2 ems to the right; 
(2) by redesignating subparagraphs (A) and (B) as clauses 
(i) and (ii), by moving such clauses 2 ems to the right, and 
by adjusting the flush language at the end accordingly; 
(3) by striking ‘‘PAYMENTS.—If’’ and inserting ‘‘PAYMENTS.— 
‘‘(A) IN GENERAL.—If—’’; and 
(4) by adding at the end the following new subparagraph: 
‘‘(B) EXCHANGES TO SUBSEQUENT CONTRACTS.—If— 
‘‘(i) payments described in paragraph (2)(D) are 
being made from an annuity contract, 
‘‘(ii) an exchange of all or a portion of such contract 
for another contract is made under section 1035, and 
‘‘(iii) the aggregate distributions from the contracts 
involved in the exchange continue to satisfy the 
requirements of paragraph (2)(D) as if the exchange 
had not taken place, 
such exchange shall not be treated as a modification under 
subparagraph (A)(ii), and compliance with paragraph (2)(D) 
shall be determined on the basis of the combined distribu-
tions described in clause (iii).’’. 
(c) INFORMATION REPORTING.—Section 6724 is amended by 
inserting at the end the following new subsection: 
‘‘(g) SPECIAL
RULE
FOR
REPORTING
CERTAIN
ADDITIONAL 
TAXES.—No penalty shall be imposed under section 6721 or 6722 
if— 
‘‘(1) a person makes a return or report under section 6047(d) 
or 408(i) with respect to any distribution, 
‘‘(2) such distribution is made following a rollover, transfer, 
or exchange described in section 72(t)(4)(C) or section 
72(q)(3)(C), 
‘‘(3) in making such return or report the person relies 
upon a certification provided by the taxpayer that the distribu-
tions satisfy the requirements of section 72(t)(4)(C)(iii) or sec-
tion 72(q)(3)(B)(iii), as applicable, and 
‘‘(4) such person does not have actual knowledge that the 
distributions do not satisfy such requirements.’’. 
(d) SAFE HARBOR FOR ANNUITY PAYMENTS.— 
(1) QUALIFIED RETIREMENT PLANS.—Subparagraph (A) of 
section 72(t)(2) is amended by adding at the end the following 
flush sentence:
H. R. 2617—900 
‘‘For purposes of clause (iv), periodic payments shall not 
fail to be treated as substantially equal merely because 
they are amounts received as an annuity, and such periodic 
payments shall be deemed to be substantially equal if 
they are payable over a period described in clause (iv) 
and satisfy the requirements applicable to annuity pay-
ments under section 401(a)(9).’’. 
(2) OTHER ANNUITY CONTRACTS.—Paragraph (2) of section 
72(q) is amended by adding at the end the following flush 
sentence: 
‘‘For purposes of subparagraph (D), periodic payments shall 
not fail to be treated as substantially equal merely because 
they are amounts received as an annuity, and such periodic 
payments shall be deemed to be substantially equal if they 
are payable over a period described in subparagraph (D) and 
would satisfy the requirements applicable to annuity payments 
under section 401(a)(9) if such requirements applied.’’. 
(e) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by subsections 
(a), (b), and (c) shall apply to transfers, rollovers, and exchanges 
occurring after December 31, 2023. 
(2) ANNUITY PAYMENTS.—The amendment made by sub-
section (d) shall apply to distributions commencing on or after 
the date of the enactment of this Act. 
(3) NO INFERENCE.—Nothing in the amendments made by 
this section shall be construed to create an inference with 
respect to the law in effect prior to the effective date of such 
amendments. 
SEC. 324. TREASURY GUIDANCE ON ROLLOVERS. 
(a) IN GENERAL.—Not later than January 1, 2025, the Secretary 
of the Treasury or the Secretary’s delegate shall, to simplify, stand-
ardize, facilitate, and expedite the completion of rollovers to eligible 
retirement plans (as defined in section 402(c)(8)(B) of the Internal 
Revenue Code of 1986) and trustee-to-trustee transfers from indi-
vidual retirement plans (as defined in section 7701(a)(37) of such 
Code), develop and issue— 
(1) guidance in the form of sample forms (including relevant 
procedures and protocols) for rollovers of eligible rollover dis-
tributions from a retirement to an eligible retirement plan 
which— 
(A) are written in a manner calculated to be understood 
by the average person, and 
(B) can be used by both distributing eligible retirement 
plans and receiving retirement plans, and 
(2) guidance in the form of sample forms (including relevant 
procedures and protocols) for trustee-to-trustee transfers of 
amounts from an individual retirement plan to another indi-
vidual retirement plan which— 
(A) are written in a manner calculated to be understood 
by the average person, and 
(B) can be used by both transferring individual retire-
ment plans and individual retirement plans receiving the 
transfer. 
(b) OTHER REQUIREMENTS.—In developing the sample forms 
under subsection (a), the Secretary (or Secretary’s delegate) shall 
obtain relevant information from participants and plan sponsor
H. R. 2617—901 
representatives and consider potential coordination with sections 
319 and 336 of this Act. 
SEC. 325. ROTH PLAN DISTRIBUTION RULES. 
(a) IN GENERAL.—Subsection (d) of section 402A is amended 
by adding at the end the following new paragraph: 
‘‘(5) MANDATORY DISTRIBUTION RULES NOT TO APPLY BEFORE 
DEATH.—Notwithstanding sections 403(b)(10) and 457(d)(2), the 
following provisions shall not apply to any designated Roth 
account: 
‘‘(A) Section 401(a)(9)(A). 
‘‘(B) The incidental death benefit requirements of sec-
tion 401(a).’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
amendment made by this section shall apply to taxable years 
beginning after December 31, 2023. 
(2) SPECIAL RULE.—The amendment made by this section 
shall not apply to distributions which are required with respect 
to years beginning before January 1, 2024, but are permitted 
to be paid on or after such date. 
SEC. 326. EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM 
QUALIFIED PLANS FOR INDIVIDUALS WITH A TERMINAL 
ILLNESS. 
(a) IN GENERAL.—Section 72(t)(2), as amended by this Act, 
is further amended by adding at the end the following new subpara-
graph: 
‘‘(L) TERMINAL ILLNESS.— 
‘‘(i) IN GENERAL.—Distributions which are made 
to the employee who is a terminally ill individual on 
or after the date on which such employee has been 
certified by a physician as having a terminal illness. 
‘‘(ii) DEFINITION.—For purposes of this subpara-
graph, the term ‘terminally ill individual’ has the same 
meaning given such term under section 101(g)(4)(A), 
except that ‘84 months’ shall be substituted for ‘24 
months’. 
‘‘(iii) DOCUMENTATION.—For purposes of this 
subparagraph, an employee shall not be considered 
to be a terminally ill individual unless such employee 
furnishes sufficient evidence to the plan administrator 
in such form and manner as the Secretary may require. 
‘‘(iv) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules 
similar to the rules of subparagraph (H)(v) shall apply 
with respect to an individual who receives a distribu-
tion to which clause (i) applies.’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall apply to distributions made after the date of the enactment 
of this Act. 
SEC. 327. SURVIVING SPOUSE ELECTION TO BE TREATED AS 
EMPLOYEE. 
(a) IN GENERAL.—Section 401(a)(9)(B)(iv), as amended by this 
Act, is further amended to read as follows: 
‘‘(iv) SPECIAL
RULE
FOR
SURVIVING
SPOUSE
OF 
EMPLOYEE.—If the designated beneficiary referred to 
in clause (iii)(I) is the surviving spouse of the employee
H. R. 2617—902 
and the surviving spouse elects the treatment in this 
clause— 
‘‘(I) the regulations referred to in clause (iii)(II) 
shall treat the surviving spouse as if the surviving 
spouse were the employee, 
‘‘(II) the date on which the distributions are 
required to begin under clause (iii)(III) shall not 
be earlier than the date on which the employee 
would have attained the applicable age, and 
‘‘(III) if the surviving spouse dies before the 
distributions to such spouse begin, this subpara-
graph shall be applied as if the surviving spouse 
is the employee. 
An election described in this clause shall be made 
at such time and in such manner as prescribed by 
the Secretary, shall include a timely notice to the plan 
administrator, and once made may not be revoked 
except with the consent of the Secretary.’’. 
(b) EXTENSION OF ELECTION OF AT LEAST AS RAPIDLY RULE.— 
The Secretary shall amend Q&A–5(a) of Treasury Regulation section 
1.401(a)(9)–5 (or any successor regulation thereto) to provide that 
if the surviving spouse is the employee’s sole designated beneficiary 
and the spouse elects treatment under section 401(a)(9)(B)(iv), then 
the applicable distribution period for distribution calendar years 
after the distribution calendar year including the employee’s date 
of death is determined under the uniform lifetime table. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to calendar years beginning after December 31, 2023. 
SEC. 328. REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION 
FROM GROSS INCOME OF DISTRIBUTIONS FROM GOVERN-
MENTAL PLANS FOR HEALTH AND LONG-TERM CARE 
INSURANCE. 
(a) IN GENERAL.—Section 402(l)(5)(A) is amended to read as 
follows: 
‘‘(A) DIRECT PAYMENT TO INSURER PERMITTED.— 
‘‘(i) IN GENERAL.—Paragraph (1) shall apply to a 
distribution without regard to whether payment of the 
premiums is made directly to the provider of the 
accident or health plan or qualified long-term care 
insurance contract by deduction from a distribution 
from the eligible retirement plan, or is made to the 
employee. 
‘‘(ii) REPORTING.—In the case of a payment made 
to the employee as described in clause (i), the employee 
shall include with the return of tax for the taxable 
year in which the distribution is made an attestation 
that the distribution does not exceed the amount paid 
by the employee for qualified health insurance pre-
miums for such taxable year.’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall apply to distributions made after the date of the enactment 
of this Act. 
SEC. 329. MODIFICATION OF ELIGIBLE AGE FOR EXEMPTION FROM 
EARLY WITHDRAWAL PENALTY. 
(a) IN GENERAL.—Subparagraph (A) of section 72(t)(10), as 
amended by this Act, is further amended by striking ‘‘age 50’’
H. R. 2617—903 
and inserting ‘‘age 50 or 25 years of service under the plan, which-
ever is earlier’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall apply to distributions made after the date of the enactment 
of this Act. 
SEC. 330. EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CER-
TAIN STATE AND LOCAL GOVERNMENT CORRECTIONS 
EMPLOYEES. 
(a) IN GENERAL.—Clause (i) of section 72(t)(10)(B) is amended 
by striking ‘‘or emergency medical services’’ and inserting ‘‘emer-
gency medical services, or services as a corrections officer or as 
a forensic security employee providing for the care, custody, and 
control of forensic patients’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall apply to distributions made after the date of the enactment 
of this Act. 
SEC. 331. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN 
CONNECTION WITH QUALIFIED FEDERALLY DECLARED 
DISASTERS. 
(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.— 
(1) IN GENERAL.—Paragraph (2) of section 72(t), as amended 
by this Act, is further amended by adding at the end the 
following new subparagraph: 
‘‘(M) DISTRIBUTIONS
FROM
RETIREMENT
PLANS
IN 
CONNECTION WITH FEDERALLY DECLARED DISASTERS.—Any 
qualified disaster recovery distribution.’’. 
(2) QUALIFIED DISASTER RECOVERY DISTRIBUTION.—Section 
72(t) is amended by adding at the end the following new para-
graph: 
‘‘(11) QUALIFIED
DISASTER
RECOVERY
DISTRIBUTION.—For 
purposes of paragraph (2)(M)— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘qualified disaster recovery distribution’ 
means any distribution made— 
‘‘(i) on or after the first day of the incident period 
of a qualified disaster and before the date that is 
180 days after the applicable date with respect to 
such disaster, and 
‘‘(ii) to an individual whose principal place of abode 
at any time during the incident period of such qualified 
disaster is located in the qualified disaster area with 
respect to such qualified disaster and who has sus-
tained an economic loss by reason of such qualified 
disaster. 
‘‘(B) AGGREGATE DOLLAR LIMITATION.— 
‘‘(i) IN GENERAL.—For purposes of this subsection, 
the aggregate amount of distributions received by an 
individual which may be treated as qualified disaster 
recovery distributions with respect to any qualified 
disaster in all taxable years shall not exceed $22,000. 
‘‘(ii) TREATMENT OF PLAN DISTRIBUTIONS.—If a dis-
tribution to an individual would (without regard to 
clause (i)) be a qualified disaster recovery distribution, 
a plan shall not be treated as violating any requirement 
of this title merely because the plan treats such dis-
tribution as a qualified disaster recovery distribution,
H. R. 2617—904 
unless the aggregate amount of such distributions from 
all plans maintained by the employer (and any member 
of any controlled group which includes the employer) 
to such individual exceeds $22,000 with respect to the 
same qualified disaster. 
‘‘(iii) CONTROLLED GROUP.—For purposes of clause 
(ii), the term ‘controlled group’ means any group 
treated as a single employer under subsection (b), (c), 
(m), or (o) of section 414. 
‘‘(C) AMOUNT DISTRIBUTED MAY BE REPAID.— 
‘‘(i) IN GENERAL.—Any individual who receives a 
qualified disaster recovery distribution may, at any 
time during the 3-year period beginning on the day 
after the date on which such distribution was received, 
make one or more contributions in an aggregate 
amount not to exceed the amount of such distribution 
to an eligible retirement plan of which such individual 
is a beneficiary and to which a rollover contribution 
of such distribution could be made under section 402(c), 
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case 
may be. 
‘‘(ii) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS 
FROM ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS.— 
For purposes of this title, if a contribution is made 
pursuant to clause (i) with respect to a qualified dis-
aster recovery distribution from a plan other than an 
individual retirement plan, then the taxpayer shall, 
to the extent of the amount of the contribution, be 
treated as having received the qualified disaster 
recovery distribution in an eligible rollover distribution 
(as defined in section 402(c)(4)) and as having trans-
ferred the amount to the eligible retirement plan in 
a direct trustee to trustee transfer within 60 days 
of the distribution. 
‘‘(iii) TREATMENT
OF
REPAYMENTS
FOR
DISTRIBU-
TIONS FROM IRAS.—For purposes of this title, if a con-
tribution is made pursuant to clause (i) with respect 
to a qualified disaster recovery distribution from an 
individual retirement plan, then, to the extent of the 
amount of the contribution, the qualified disaster 
recovery distribution shall be treated as a distribution 
described in section 408(d)(3) and as having been trans-
ferred to the eligible retirement plan in a direct trustee 
to trustee transfer within 60 days of the distribution. 
‘‘(D) INCOME INCLUSION SPREAD OVER 3-YEAR PERIOD.— 
‘‘(i) IN GENERAL.—In the case of any qualified dis-
aster recovery distribution, unless the taxpayer elects 
not to have this subparagraph apply for any taxable 
year, any amount required to be included in gross 
income for such taxable year shall be so included rat-
ably over the 3-taxable year period beginning with 
such taxable year. 
‘‘(ii) SPECIAL
RULE.—For purposes of clause (i), 
rules similar to the rules of subparagraph (E) of section 
408A(d)(3) shall apply. 
‘‘(E) QUALIFIED DISASTER.—For purposes of this para-
graph and paragraph (8), the term ‘qualified disaster’
H. R. 2617—905 
means any disaster with respect to which a major disaster 
has been declared by the President under section 401 of 
the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act after December 27, 2020. 
‘‘(F) OTHER DEFINITIONS.—For purposes of this para-
graph and paragraph (8)— 
‘‘(i) QUALIFIED DISASTER AREA.— 
‘‘(I) IN GENERAL.—The term ‘qualified disaster 
area’ means, with respect to any qualified disaster, 
the area with respect to which the major disaster 
was declared under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act. 
‘‘(II) EXCEPTIONS.—Such term shall not include 
any area which is a qualified disaster area solely 
by reason of section 301 of the Taxpayer Certainty 
and Disaster Tax Relief Act of 2020. 
‘‘(ii) INCIDENT PERIOD.—The term ‘incident period’ 
means, with respect to any qualified disaster, the 
period specified by the Federal Emergency Manage-
ment Agency as the period during which such disaster 
occurred. 
‘‘(iii) APPLICABLE DATE.—The term ‘applicable date’ 
means the latest of— 
‘‘(I) the date of the enactment of this para-
graph, 
‘‘(II) the first day of the incident period with 
respect to the qualified disaster, or 
‘‘(III) the date of the disaster declaration with 
respect to the qualified disaster. 
‘‘(iv) 
ELIGIBLE
RETIREMENT
PLAN.—The 
term 
‘eligible retirement plan’ shall have the meaning given 
such term by section 402(c)(8)(B). 
‘‘(G) SPECIAL RULES.— 
‘‘(i) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE 
TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For 
purposes of sections 401(a)(31), 402(f), and 3405, quali-
fied disaster recovery distributions shall not be treated 
as eligible rollover distributions. 
‘‘(ii) QUALIFIED DISASTER RECOVERY DISTRIBUTIONS 
TREATED
AS
MEETING
PLAN
DISTRIBUTION
REQUIRE-
MENTS.—For purposes of this title— 
‘‘(I) a qualified disaster recovery distribution 
shall be treated as meeting the requirements of 
sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), 
and 457(d)(1)(A), and 
‘‘(II) in the case of a money purchase pension 
plan, a qualified disaster recovery distribution 
which is an in-service withdrawal shall be treated 
as meeting the requirements of section 401(a) 
applicable to distributions.’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to distributions with respect to disasters 
the incident period (as defined in section 72(t)(11)(F)(ii) of the 
Internal Revenue Code of 1986, as added by this subsection) 
for which begins on or after the date which is 30 days after 
the date of the enactment of the Taxpayer Certainty and Dis-
aster Tax Relief Act of 2020.
H. R. 2617—906 
(b) RECONTRIBUTIONS
OF
WITHDRAWALS
FOR
HOME
PUR-
CHASES.— 
(1) INDIVIDUAL RETIREMENT PLANS.—Paragraph (8) of sec-
tion 72(t) is amended by adding at the end the following new 
subparagraph: 
‘‘(F) RECONTRIBUTIONS.— 
‘‘(i) GENERAL RULE.— 
‘‘(I) IN GENERAL.—Any individual who received 
a qualified distribution may, during the applicable 
period, make one or more contributions in an 
aggregate amount not to exceed the amount of 
such qualified distribution to an eligible retirement 
plan (as defined in section 402(c)(8)(B)) of which 
such individual is a beneficiary and to which a 
rollover contribution of such distribution could be 
made under section 402(c), 403(a)(4), 403(b)(8), or 
408(d)(3), as the case may be. 
‘‘(II) 
TREATMENT
OF
REPAYMENTS.—Rules 
similar to the rules of clauses (ii) and (iii) of para-
graph (11)(C) shall apply for purposes of this sub-
section. 
‘‘(ii) QUALIFIED
DISTRIBUTION.—For purposes of 
this subparagraph, the term ‘qualified distribution’ 
means any distribution— 
‘‘(I) which is a qualified first-time homebuyer 
distribution, 
‘‘(II) which was to be used to purchase or 
construct a principal residence in a qualified dis-
aster area, but which was not so used on account 
of the qualified disaster with respect to such area, 
and 
‘‘(III) which was received during the period 
beginning on the date which is 180 days before 
the first day of the incident period of such qualified 
disaster and ending on the date which is 30 days 
after the last day of such incident period. 
‘‘(iii) APPLICABLE
PERIOD.—For purposes of this 
subparagraph, the term ‘applicable period’ means, in 
the case of a principal residence in a qualified disaster 
area with respect to any qualified disaster, the period 
beginning on the first day of the incident period of 
such qualified disaster and ending on the date which 
is 180 days after the applicable date with respect to 
such disaster.’’. 
(2) QUALIFIED
PLANS.—Subsection (c) of section 402, as 
amended by this Act, is further amended by adding at the 
end the following new paragraph: 
‘‘(13) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PUR-
CHASES.— 
‘‘(A) GENERAL RULE.— 
‘‘(i) IN GENERAL.—Any individual who received a 
qualified distribution may, during the applicable 
period, make one or more contributions in an aggregate 
amount not to exceed the amount of such qualified 
distribution to an eligible retirement plan (as defined 
in paragraph (8)(B)) of which such individual is a bene-
ficiary and to which a rollover contribution of such
H. R. 2617—907 
distribution could be made under subsection (c) or sec-
tion 403(a)(4), 403(b)(8), or 408(d)(3), as the case may 
be. 
‘‘(ii) TREATMENT OF REPAYMENTS.—Rules similar 
to the rules of clauses (ii) and (iii) of section 72(t)(11)(C) 
shall apply for purposes of this subsection. 
‘‘(B) QUALIFIED
DISTRIBUTION.—For purposes of this 
paragraph, the term ‘qualified distribution’ means any dis-
tribution— 
‘‘(i) 
described 
in 
section 
401(k)(2)(B)(i)(IV), 
403(b)(7)(A)(i)(V), or 403(b)(11)(B), 
‘‘(ii) which was to be used to purchase or construct 
a principal residence in a qualified disaster area, but 
which was not so used on account of the qualified 
disaster with respect to such area, and 
‘‘(iii) which was received during the period begin-
ning on the date which is 180 days before the first 
day of the incident period of such qualified disaster 
and ending on the date which is 30 days after the 
last day of such incident period. 
‘‘(C) DEFINITIONS.—For purposes of this paragraph— 
‘‘(i) the terms ‘qualified disaster’, ‘qualified disaster 
area’, and ‘incident period’ have the meaning given 
such terms under section 72(t)(11), and 
‘‘(ii) the term ‘applicable period’ has the meaning 
given such term under section 72(t)(8)(F).’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to recontributions of withdrawals for home 
purchases with respect to disasters the incident period (as 
defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code 
of 1986, as added by this subsection) for which begins on 
or after the date which is 30 days after the date of the enact-
ment of the Taxpayer Certainty and Disaster Tax Relief Act 
of 2020. 
(c) LOANS FROM QUALIFIED PLANS.— 
(1) IN GENERAL.—Subsection (p) of section 72 is amended 
by adding at the end the following new paragraph: 
‘‘(6) INCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBU-
TIONS.— 
‘‘(A) IN
GENERAL.—In the case of any loan from a 
qualified employer plan to a qualified individual made 
during the applicable period— 
‘‘(i) clause (i) of paragraph (2)(A) shall be applied 
by substituting ‘$100,000’ for ‘$50,000’, and 
‘‘(ii) clause (ii) of such paragraph shall be applied 
by substituting ‘the present value of the nonforfeitable 
accrued benefit of the employee under the plan’ for 
‘one-half of the present value of the nonforfeitable 
accrued benefit of the employee under the plan’. 
‘‘(B) DELAY OF REPAYMENT.—In the case of a qualified 
individual with respect to any qualified disaster with an 
outstanding loan from a qualified employer plan on or 
after the applicable date with respect to the qualified dis-
aster— 
‘‘(i) if the due date pursuant to subparagraph (B) 
or (C) of paragraph (2) for any repayment with respect 
to such loan occurs during the period beginning on
H. R. 2617—908 
the first day of the incident period of such qualified 
disaster and ending on the date which is 180 days 
after the last day of such incident period, such due 
date may be delayed for 1 year, 
‘‘(ii) any subsequent repayments with respect to 
any such loan may be appropriately adjusted to reflect 
the delay in the due date under clause (i) and any 
interest accruing during such delay, and 
‘‘(iii) in determining the 5-year period and the 
term of a loan under subparagraph (B) or (C) of para-
graph (2), the period described in clause (i) may be 
disregarded. 
‘‘(C) DEFINITIONS.—For purposes of this paragraph— 
‘‘(i) QUALIFIED
INDIVIDUAL.—The term ‘qualified 
individual’ means any individual— 
‘‘(I) whose principal place of abode at any time 
during the incident period of any qualified disaster 
is located in the qualified disaster area with 
respect to such qualified disaster, and 
‘‘(II) who has sustained an economic loss by 
reason of such qualified disaster. 
‘‘(ii) APPLICABLE
PERIOD.—The applicable period 
with respect to any disaster is the period— 
‘‘(I) beginning on the applicable date with 
respect to such disaster, and 
‘‘(II) ending on the date that is 180 days after 
such applicable date. 
‘‘(iii) OTHER TERMS.—For purposes of this para-
graph— 
‘‘(I) the terms ‘applicable date’, ‘qualified dis-
aster’, ‘qualified disaster area’, and ‘incident 
period’ have the meaning given such terms under 
subsection (t)(11), and 
‘‘(II) the term ‘applicable period’ has the 
meaning given such term under subsection (t)(8).’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall apply to plan loans made with respect to disasters 
the incident period (as defined in section 72(t)(11)(F)(ii) of the 
Internal Revenue Code of 1986, as added by this subsection) 
for which begins on or after the date which is 30 days after 
the date of the enactment of the Taxpayer Certainty and Dis-
aster Tax Relief Act of 2020. 
(d) GAO REPORT.—The Comptroller General of the United 
States shall submit a report to the Committees on Finance and 
Health, Education, Labor and Pensions of the Senate and the 
Committees on Ways and Means and Education and Labor of the 
House of Representatives on taxpayer utilization of the retirement 
disaster relief permitted by the amendments made by this section 
and or permitted by prior legislation, including a comparison of 
utilization by higher and lower income taxpayers and whether 
the $22,000 threshold on distributions provides adequate relief for 
taxpayers who suffer from a disaster.
H. R. 2617—909 
SEC. 332. EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT 
ACCOUNTS WITH SAFE HARBOR 401(k) PLANS DURING A 
YEAR. 
(a) IN GENERAL.—Section 408(p) is amended by adding at the 
end the following new paragraph: 
‘‘(11) REPLACEMENT OF SIMPLE RETIREMENT ACCOUNTS WITH 
SAFE HARBOR PLANS DURING PLAN YEAR.— 
‘‘(A) IN GENERAL.—Subject to the requirements of this 
paragraph, an employer may elect (in such form and 
manner as the Secretary may prescribe) at any time during 
a year to terminate the qualified salary reduction arrange-
ment under paragraph (2), but only if the employer estab-
lishes and maintains (as of the day after the termination 
date) a safe harbor plan to replace the terminated arrange-
ment. 
‘‘(B) COMBINED LIMITS ON CONTRIBUTIONS.—The termi-
nated arrangement and safe harbor plan shall both be 
treated as violating the requirements of paragraph (2)(A)(ii) 
or section 401(a)(30) (whichever is applicable) if the aggre-
gate elective contributions of the employee under the termi-
nated arrangement during its last plan year and under 
the safe harbor plan during its transition year exceed the 
sum of— 
‘‘(i) the applicable dollar amount for such arrange-
ment (determined on a full-year basis) under this sub-
section (after the application of section 414(v)) with 
respect to the employee for such last plan year multi-
plied by a fraction equal to the number of days in 
such plan year divided by 365, and 
‘‘(ii) the applicable dollar amount (as so deter-
mined) under section 402(g)(1) for such safe harbor 
plan on such elective contributions during the transi-
tion year multiplied by a fraction equal to the number 
of days in such transition year divided by 365. 
‘‘(C) TRANSITION
YEAR.—For purposes of this para-
graph, the transition year is the period beginning after 
the termination date and ending on the last day of the 
calendar year during which the termination occurs. 
‘‘(D) SAFE HARBOR PLAN.—For purposes of this para-
graph, the term ‘safe harbor plan’ means a qualified cash 
or deferred arrangement which meets the requirements 
of paragraph (11), (12), (13), or (16) of section 401(k).’’. 
(b) WAIVER OF 2-YEAR WITHDRAWAL LIMITATION IN CASE OF 
PLANS CONVERTING TO 401(k) OR 403(b).— 
(1) IN
GENERAL.—Paragraph (6) of section 72(t) is 
amended— 
(A) by striking ‘‘ACCOUNTS.—In the case of’’ and 
inserting ‘‘ACCOUNTS.— 
‘‘(A) IN GENERAL.—In the case of’’, and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(B) WAIVER IN CASE OF PLAN CONVERSION TO 401(k) 
OR 403(b).—In the case of an employee of an employer 
which terminates the qualified salary reduction arrange-
ment of the employer under section 408(p) and establishes 
a qualified cash or deferred arrangement described in sec-
tion 401(k) or purchases annuity contracts described in
H. R. 2617—910 
section 403(b), subparagraph (A) shall not apply to any 
amount which is paid in a rollover contribution described 
in section 408(d)(3) into a qualified trust under section 
401(k) (but only if such contribution is subsequently subject 
to the rules of section 401(k)(2)(B)) or an annuity contract 
described in section 403(b) (but only if such contribution 
is subsequently subject to the rules of section 403(b)(12)) 
for the benefit of the employee.’’. 
(2) CONFORMING AMENDMENT.—Subparagraph (G) of sec-
tion 408(d)(3) is amended by striking ‘‘72(t)(6)’’ and inserting 
‘‘72(t)(6)(A)’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to plan years beginning after December 31, 2023. 
SEC. 333. ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE DIS-
TRIBUTIONS OF EXCESS CONTRIBUTIONS. 
(a) IN
GENERAL.—Subparagraph (A) of section 72(t)(2) is 
amended— 
(1) by striking ‘‘or’’ at the end of clause (vii); 
(2) by striking the period at the end of clause (viii) and 
inserting ‘‘, or’’; and 
(3) by inserting after clause (viii) the following new clause: 
‘‘(ix) attributable to withdrawal of net income 
attributable to a contribution which is distributed 
pursuant to section 408(d)(4).’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to any determination of, or affecting, liability for taxes, 
interest, or penalties which is made on or after the date of the 
enactment of this Act, without regard to whether the act (or failure 
to act) upon which the determination is based occurred before 
such date of enactment. Notwithstanding the preceding sentence, 
nothing in the amendments made by this section shall be construed 
to create an inference with respect to the law in effect prior to 
the effective date of such amendments. 
SEC. 334. LONG-TERM CARE CONTRACTS PURCHASED WITH RETIRE-
MENT PLAN DISTRIBUTIONS. 
(a) IN GENERAL.—Section 401(a) is amended by inserting after 
paragraph (38) the following new paragraph: 
‘‘(39) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.— 
‘‘(A) IN GENERAL.—A trust forming part of a defined 
contribution plan shall not be treated as failing to con-
stitute a qualified trust under this section solely by reason 
of allowing qualified long-term care distributions. 
‘‘(B) QUALIFIED LONG-TERM CARE DISTRIBUTION.—For 
purposes of this paragraph— 
‘‘(i) IN
GENERAL.—The term ‘qualified long-term 
care distribution’ means so much of the distributions 
made during the taxable year as does not exceed, in 
the aggregate, the least of the following: 
‘‘(I) The amount paid by or assessed to the 
employee during the taxable year for or with 
respect to certified long-term care insurance for 
the employee or the employee’s spouse (or other 
family member of the employee as provided by 
the Secretary by regulation).
H. R. 2617—911 
‘‘(II) An amount equal to 10 percent of the 
present value of the nonforfeitable accrued benefit 
of the employee under the plan. 
‘‘(III) $2,500. 
‘‘(ii) ADJUSTMENT FOR INFLATION.—In the case of 
taxable years beginning after December 31, 2024, the 
$2,500 amount in clause (i)(II) shall be increased by 
an amount equal to— 
‘‘(I) such dollar amount, multiplied by 
‘‘(II) the cost-of-living adjustment determined 
under section 1(f)(3) for the calendar year in which 
the taxable year begins, determined by sub-
stituting ‘calendar year 2023’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
If any increase under the preceding sentence is not 
a multiple of $100, such amount shall be rounded 
to the nearest multiple of $100. 
‘‘(C) CERTIFIED
LONG-TERM
CARE
INSURANCE.—The 
term ‘certified long-term care insurance’ means— 
‘‘(i) a qualified long-term care insurance contract 
(as defined in section 7702B(b)) covering qualified long- 
term care services (as defined in section 7702B(c)), 
‘‘(ii) coverage of the risk that an insured individual 
would become a chronically ill individual (within the 
meaning of section 101(g)(4)(B)) under a rider or other 
provision of a life insurance contract which satisfies 
the requirements of section 101(g)(3) (determined with-
out regard to subparagraph (D) thereof), or 
‘‘(iii) coverage of qualified long-term care services 
(as so defined) under a rider or other provision of 
an insurance or annuity contract which is treated as 
a separate contract under section 7702B(e) and satis-
fies the requirements of section 7702B(g), 
if such coverage provides meaningful financial assistance 
in the event the insured needs home-based or nursing 
home care. For purposes of the preceding sentence, coverage 
shall not be deemed to provide meaningful financial assist-
ance unless benefits are adjusted for inflation and con-
sumer protections are provided, including protection in the 
event the coverage is terminated. 
‘‘(D) DISTRIBUTIONS MUST OTHERWISE BE INCLUDIBLE.— 
Rules similar to the rules of section 402(l)(3) shall apply 
for purposes of this paragraph. 
‘‘(E) LONG-TERM CARE PREMIUM STATEMENT.— 
‘‘(i) IN GENERAL.—No distribution shall be treated 
as a qualified long-term care distribution unless a long- 
term care premium statement with respect to the 
employee has been filed with the plan. 
‘‘(ii) LONG-TERM CARE PREMIUM STATEMENT.—For 
purposes of this paragraph, a long-term care premium 
statement is a statement provided by the issuer of 
long-term care coverage, upon request by the owner 
of such coverage, which includes— 
‘‘(I) the name and taxpayer identification 
number of such issuer, 
‘‘(II) a statement that the coverage is certified 
long-term care insurance,
H. R. 2617—912 
‘‘(III) identification of the employee as the 
owner of such coverage, 
‘‘(IV) identification of the individual covered 
and such individual’s relationship to the employee, 
‘‘(V) the premiums owed for the coverage for 
the calendar year, and 
‘‘(VI) such other information as the Secretary 
may require. 
‘‘(iii) FILING WITH SECRETARY.—A long-term care 
premium statement will be accepted only if the issuer 
has completed a disclosure to the Secretary for the 
specific coverage product to which the statement 
relates. Such disclosure shall identify the issuer, type 
of coverage, and such other information as the Sec-
retary may require which is included in the filing 
of the product with the applicable State authority.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 401(k)(2)(B)(i) is amended by striking ‘‘or’’ at 
the end of subclause (V), by adding ‘‘or’’ at the end of subclause 
(VI), and by adding at the end the following new subclause: 
‘‘(VII) as provided in section 401(a)(39),’’. 
(2) Section 403(a) is amended by adding at the end the 
following new paragraph: 
‘‘(6) 
QUALIFIED
LONG-TERM
CARE
DISTRIBUTIONS.—An 
annuity contract shall not fail to be subject to this subsection 
solely by reason of allowing distributions to which section 
401(a)(39) applies.’’. 
(3) Section 403(b)(7)(A)(i) is amended by striking ‘‘or’’ at 
the end of subclause (V), by striking ‘‘and’’ at the end of sub-
clause (VI) and inserting ‘‘or’’ and by adding at the end the 
following new subclause: 
‘‘(VII) as provided for distributions to which 
section 401(a)(39) applies, and’’. 
(4) Section 403(b)(11) is amended by striking ‘‘or’’ at the 
end of subparagraph (C), by striking the period at the end 
of subparagraph (D) and inserting ‘‘, or’’, and by inserting 
after subparagraph (D) the following new subparagraph: 
‘‘(E) for distributions to which section 401(a)(39) 
applies.’’. 
(5) Section 457(d)(1)(A) is amended by striking ‘‘or’’ at 
the end of clause (iii), by striking the comma at the end of 
clause (iv) and inserting ‘‘, or’’, and by adding at the end 
the following new clause: 
‘‘(v) as provided in section 401(a)(39),’’. 
(c) EXEMPTION FROM ADDITIONAL TAX
ON EARLY DISTRIBU-
TIONS.—Section 72(t)(2), as amended by this Act, is further amended 
by adding at the end the following new subparagraph: 
‘‘(N) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.— 
‘‘(i) IN GENERAL.—Any qualified long-term care dis-
tribution to which section 401(a)(39) applies. 
‘‘(ii) EXCEPTION.—If, with respect to the plan, the 
individual covered by the long-term care coverage to 
which such distribution relates is the spouse of the 
employee, clause (i) shall apply only if the employee 
and the employee’s spouse file a joint return. 
‘‘(iii) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE 
TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For
H. R. 2617—913 
purposes of sections 401(a)(31), 402(f), and 3405, any 
qualified long-term care distribution described in 
clause (i) shall not be treated as an eligible rollover 
distribution.’’. 
(d) REPORTING.— 
(1) IN GENERAL.—Subpart B of part III of subchapter A 
of chapter 61 is amended by adding at the end the following 
new section: 
‘‘SEC. 6050Z. REPORTS RELATING TO LONG-TERM CARE PREMIUM 
STATEMENTS. 
‘‘(a) REQUIREMENT OF REPORTING.—Any issuer of certified long- 
term care insurance (as defined in section 401(a)(39)(C)) who pro-
vides a long-term care premium statement with respect to any 
purchaser pursuant to section 401(a)(39)(E) for a calendar year, 
shall make a return not later than February 1 of the succeeding 
calendar year, according to forms or regulations prescribed by the 
Secretary, setting forth with respect to each such purchaser— 
‘‘(1) the name and taxpayer identification number of such 
issuer, 
‘‘(2) a statement that the coverage is certified long-term 
care insurance as defined in section 401(a)(39)(C), 
‘‘(3) the name of the owner of such coverage, 
‘‘(4) identification of the individual covered and such 
individual’s relationship to the owner, 
‘‘(5) the premiums paid for the coverage for the calendar 
year, and 
‘‘(6) such other information as the Secretary may require. 
‘‘(b) STATEMENT TO BE FURNISHED TO PERSONS WITH RESPECT 
TO WHOM INFORMATION IS REQUIRED.—Every person required to 
make a return under subsection (a) shall furnish to each individual 
whose name is required to be set forth in such return a written 
statement showing— 
‘‘(1) the name, address, and phone number of the informa-
tion contact of the issuer of the contract or coverage, and 
‘‘(2) the aggregate amount of premiums and charges paid 
under the contract or coverage covering the insured individual 
during the calendar year. 
The written statement required under the preceding sentence shall 
be furnished to the individual or individuals on or before January 
31 of the year following the calendar year for which the return 
required under subsection (a) was required to be made. 
‘‘(c) CONTRACTS
OR COVERAGE COVERING MORE THAN ONE 
INSURED.—In the case of contracts or coverage covering more than 
one insured, the return and statement required by subsections 
(a) and (b) shall identify only the portion of the premium that 
is properly allocable to the insured in respect of whom the return 
or statement is made. 
‘‘(d) STATEMENT TO BE FURNISHED ON REQUEST.—If any indi-
vidual to whom a return is required to be furnished under sub-
section (b) requests that such a return be furnished at any time 
before the close of the calendar year, the person required to make 
the return under subsection (b) shall comply with such request 
and shall furnish to the Secretary at such time a copy of the 
return so provided.’’. 
(2) PENALTIES.—Section 6724(d) is amended—
H. R. 2617—914 
(A) in paragraph (1)(B), by adding ‘‘or’’ at the end 
of clause (xxvii) and by inserting after such clause the 
following new clause: 
‘‘(xxviii) section 6050Z (relating to reports relating 
to long-term care premium statements), and’’, and 
(B) in paragraph (2)— 
(i) by redesignating subparagraph (JJ), relating 
to section 6050Y, as subparagraph (KK) and moving 
such subparagraph to the position immediately after 
subparagraph (JJ), relating to section 6226(a)(2), 
(ii) by striking ‘‘or’’ at the end of subparagraph 
(II), 
(iii) by striking the period at the end of subpara-
graph (JJ), relating to section 6226(a)(2), and inserting 
a comma, 
(iv) by striking the period at the end of subpara-
graph (KK), as so redesignated, and inserting ‘‘, or’’, 
and 
(v) by inserting after subparagraph (KK), as so 
redesignated, the following new subparagraph: 
‘‘(LL) section 6050Z (relating to reports relating to 
long-term care premium statements).’’. 
(3) CLERICAL AMENDMENT.—The table of sections for sub-
part B of part III of subchapter A of chapter 61 is amended 
by adding after the item relating to section 6050Y the following 
new item: 
‘‘Sec. 6050Z. Reports relating to long-term care premium statements.’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall apply to distributions made after the date which is 3 years 
after the date of the enactment of this Act. 
(f) DISCLOSURE TO TREASURY OF LONG-TERM CARE INSURANCE 
PRODUCTS.—The Secretary of the Treasury (or the Secretary’s dele-
gate) shall issue such forms and guidance as are necessary to 
collect the filing required by section 401(a)(39)(E)(iii) of the Internal 
Revenue Code of 1986, as added by this section. 
SEC. 335. CORRECTIONS OF MORTALITY TABLES. 
(a) IN GENERAL.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary of the Treasury (or 
the Secretary’s delegate) shall amend the regulation relating to 
‘‘Mortality Tables for Determining Present Value Under Defined 
Benefit Pension Plans’’ (82 Fed. Reg. 46388 (October 5, 2017)). 
Under such amendment, for valuation dates occurring during or 
after 2024, such mortality improvement rates shall not assume 
for years beyond the valuation date future mortality improvements 
at any age which are greater than .78 percent. The Secretary 
of the Treasury (or delegate) shall by regulation modify the .78 
percent figure in the preceding sentence as necessary to reflect 
material changes in the overall rate of improvement projected by 
the Social Security Administration. 
(b) EFFECTIVE DATE.—The amendments required under sub-
section (a) shall be deemed to have been made as of the date 
of the enactment of this Act, and as of such date all applicable 
laws shall be applied in all respects as though the actions which 
the Secretary of the Treasury (or the Secretary’s delegate) is 
required to take under such subsection had been taken.
H. R. 2617—915 
SEC. 336. REPORT TO CONGRESS ON SECTION 402(f) NOTICES. 
Not later than 18 months after the date of the enactment 
of this Act, the Comptroller General of the United States shall 
submit a report to the Committees on Finance and Health, Edu-
cation, Labor, and Pensions of the Senate and the Committees 
on Ways and Means and Education and Labor of the House of 
Representatives on the notices provided by retirement plan adminis-
trators to plan participants under section 402(f) of the Internal 
Revenue Code of 1986. The report shall analyze the effectiveness 
of such notices and make recommendations, as warranted by the 
findings, to facilitate better understanding by recipients of different 
distribution options and corresponding tax consequences, including 
spousal rights. 
SEC. 337. MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION 
RULES FOR SPECIAL NEEDS TRUSTS. 
(a) IN GENERAL.—Section 401(a)(9)(H)(iv)(II) is amended by 
striking ‘‘no individual’’ and inserting ‘‘no beneficiary’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
401(a)(9)(H)(v) 
is 
amended by adding at the end the following flush sentence: 
‘‘For purposes of the preceding sentence, in the case 
of a trust the terms of which are described in clause 
(iv)(II), any beneficiary which is an organization 
described in section 408(d)(8)(B)(i) shall be treated as 
a designated beneficiary described in subclause (II).’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to calendar years beginning after the date of the enact-
ment of this Act. 
SEC. 338. REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CER-
TAIN CASES. 
(a) IN GENERAL.—Section 105(a)(2) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended— 
(1) in subparagraph (A)(iv), by inserting ‘‘subject to 
subparagraph (E),’’ before ‘‘may be delivered’’; and 
(2) by adding at the end the following: 
‘‘(E) PROVISION OF PAPER STATEMENTS.—With respect 
to at least 1 pension benefit statement furnished for a 
calendar year with respect to an individual account plan 
under paragraph (1)(A), and with respect to at least 1 
pension benefit statement furnished every 3 calendar years 
with respect to a defined benefit plan under paragraph 
(1)(B), such statement shall be furnished on paper in writ-
ten form except— 
‘‘(i) in the case of a plan that furnishes such state-
ment in accordance with section 2520.104b-1(c) of title 
29, Code of Federal Regulations; or 
‘‘(ii) in the case of a plan that permits a participant 
or beneficiary to request that the statements referred 
to in the matter preceding clause (i) be furnished by 
electronic delivery, if the participant or beneficiary 
requests that such statements be delivered electroni-
cally and the statements are so delivered.’’. 
(b) IMPLEMENTATION.— 
(1) IN GENERAL.—The Secretary of Labor shall, not later 
than December 31, 2024, update section 2520.104b-1(c) of title 
29, Code of Federal Regulations, to provide that a plan may
H. R. 2617—916 
furnish the statements referred to in subparagraph (E) of sec-
tion 105(a)(2) of the Employee Retirement Income Security 
Act of 1974 by electronic delivery only if, with respect to partici-
pants who first become eligible to participate, and beneficiaries 
who first become eligible for benefits, after December 31, 2025, 
in addition to meeting the other requirements under the regula-
tions such plan furnishes each participant or beneficiary a 
one-time initial notice on paper in written form, prior to the 
electronic delivery of any pension benefit statement, of their 
right to request that all documents required to be disclosed 
under title I of the Employee Retirement Income Security Act 
of 1974 be furnished on paper in written form. 
(2) OTHER GUIDANCE.—In implementing the amendment 
made by subsection (a) with respect to a plan that discloses 
required documents or statements electronically, in accordance 
with applicable guidance governing electronic disclosure by the 
Department of Labor (with the exception of section 2520.104b- 
1(c) of title 29, Code of Federal Regulations), the Secretary 
of Labor shall, not later than December 31, 2024, update such 
guidance to the extent necessary to ensure that— 
(A) a participant or beneficiary under such a plan 
is permitted the opportunity to request that any disclosure 
required to be delivered on paper under applicable guidance 
by the Department of Labor shall be furnished by electronic 
delivery; 
(B) each paper statement furnished under such a plan 
pursuant to the amendment shall include— 
(i) an explanation of how to request that all such 
statements, and any other document required to be 
disclosed under title I of the Employee Retirement 
Income Security Act of 1974, be furnished by electronic 
delivery; and 
(ii) contact information for the plan sponsor, 
including a telephone number; 
(C) the plan may not charge any fee to a participant 
or beneficiary for the delivery of any paper statements; 
(D) each document required to be disclosed that is 
furnished by electronic delivery under such a plan shall 
include an explanation of how to request that all such 
documents be furnished on paper in written form; and 
(E) a plan is permitted to furnish a duplicate electronic 
statement in any case in which the plan furnishes a paper 
pension benefit statement. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to plan years beginning after December 
31, 2025. 
SEC. 339. RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELA-
TIONS ORDERS. 
(a) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.— 
(1) IN
GENERAL.—Clause (ii) of section 414(p)(1)(B) is 
amended by inserting ‘‘or Tribal’’ after ‘‘State’’. 
(2) CONFORMING AMENDMENT.—Subparagraph (B) of section 
414(p)(1) is amended by adding at the end the following flush 
sentence: 
‘‘For purposes of clause (ii), the term ‘Tribal’ with respect 
to a domestic relations law means such a law which is