Public Service Retirement Fairness Act of 2021
Bill: H.R.2741 | Sponsor: Rep. Panetta, Jimmy (D-CA)
Policy area: Labor and Employment

Summary:
Public Service Retirement Fairness Act of 2021
This bill expands the ability of 403(b) retirement plans (i.e., retirement plans designed for certain employees of public schools, nonprofits, and churches) to invest in collective investment trusts, which are a group of pooled investment assets held by a bank or trust company.

To modify rules relating to 403(b) plans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Service Retirement Fairness 
Act of 2021''.

SEC. 2. ENHANCEMENT OF 403(B) PLANS.

    (a) Permitted Investments.--
            (1) In general.--Section 403(b)(7)(A)(i) of the Internal 
        Revenue Code of 1986 is amended to read as follows:
                            ``(i) the amounts to be held in that 
                        custodial account are invested in regulated 
                        investment company stock or a group trust 
                        intended to satisfy the requirements of 
                        Internal Revenue Service Revenue Ruling 81-100 
                        (or any successor guidance), and''.
            (2) Conforming amendment.--Section 403(b)(7) of such Code 
        is amended by striking ``for regulated investment company 
        stock''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to amounts invested after December 31, 2020.
    (b) Amendments to the Investment Company Act of 1940.--Section 
3(c)(11) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(11)) 
is amended to read as follows:
            ``(11) Any--
                    ``(A) employee's stock bonus, pension, or profit-
                sharing trust which meets the requirements for 
                qualification under section 401 of the Internal Revenue 
                Code of 1986;
                    ``(B) custodial account meeting the requirements of 
                section 403(b)(7) of such Code;
                    ``(C) governmental plan described in section 
                3(a)(2)(C) of the Securities Act of 1933;
                    ``(D) collective trust fund maintained by a bank 
                consisting solely of assets of one or more of such 
                trusts, government plans, or church plans, companies or 
                accounts that are excluded from the definition of an 
                investment company under paragraph (14) of this 
                subsection;
                    ``(E) plan which meets the requirements of section 
                403(b) of the Internal Revenue Code of 1986 if--
                            ``(i) such plan is subject to title I of 
                        the Employee Retirement Income Security Act of 
                        1974 (29 U.S.C. 1001 et seq.);
                            ``(ii) any employer making such plan 
                        available agrees to serve as a fiduciary for 
                        the plan with respect to the selection of the 
                        plan's investments among which participants can 
                        choose; or
                            ``(iii) such plan is a governmental plan 
                        (as defined in section 414(d) of such Code); or
                    ``(F) separate account the assets of which are 
                derived solely from--
                            ``(i) contributions under pension or 
                        profit-sharing plans which meet the 
                        requirements of section 401 of the Internal 
                        Revenue Code of 1986 or the requirements for 
                        deduction of the employer's contribution under 
                        section 404(a)(2) of such Code;
                            ``(ii) contributions under governmental 
                        plans in connection with which interests, 
                        participations, or securities are exempted from 
                        the registration provisions of section 5 of the 
                        Securities Act of 1933 by section 3(a)(2)(C) of 
                        such Act;
                            ``(iii) advances made by an insurance 
                        company in connection with the operation of 
                        such separate account; and
                            ``(iv) contributions to a plan described in 
                        subparagraph (E).''.
    (c) Amendments to the Securities Act of 1933.--Section 3(a)(2) of 
the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) is amended--
            (1) by striking ``or (D)'' and inserting ``(D) a plan which 
        meets the requirements of section 403(b) of such Code if (i) 
        such plan is subject to title I of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (ii) any 
        employer making such plan available agrees to serve as a 
        fiduciary for the plan with respect to the selection of the 
        plan's investments among which participants can choose, or 
        (iii) such plan is a governmental plan (as defined in section 
        414(d) of such Code); or (E)'';
            (2) by striking ``(C), or (D)'' and inserting ``(C), (D), 
        or (E)''; and
            (3) by striking ``(iii) which is a plan funded'' and 
        inserting ``(iii) in the case of a plan not described in 
        subparagraph (D), which is a plan funded''.
    (d) Amendments to the Securities Exchange Act of 1934.--Section 
3(a)(12)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 
78c(a)(12)(C)) is amended--
            (1) by striking ``or (iv)'' and inserting ``(iv) a plan 
        which meets the requirements of section 403(b) of such Code if 
        (I) such plan is subject to title I of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (II) any 
        employer making such plan available agrees to serve as a 
        fiduciary for the plan with respect to the selection of the 
        plan's investments among which participants can choose, or 
        (III) such plan is a governmental plan (as defined in section 
        414(d) of such Code), or (v)'';
            (2) by striking ``(ii), or (iii)'' and inserting ``(ii), 
        (iii), or (iv)''; and
            (3) by striking ``(II) is a plan funded'' and inserting 
        ``(II) in the case of a plan not described in clause (iv), is a 
        plan funded''.
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