Pension Funding Equity Act of 2004

Bill: 108-hr-3108
Sponsor: Rep. Boehner, John A. [R-OH-8]
Introduced: 2003-09-17 in the House
Policy area: Labor and Employment
Subjects: Accounting
Agricultural cooperatives
Agriculture and Food
Airline employees
Airlines
Antitrust law
Bonds
Casualty insurance
Civil Rights and Liberties, Minority Issues
Civil service retirement
Commerce
Corporate finance
Defined benefit pension plans
Discrimination in education
Dividends
Education
Finance and Financial Sector
Government Operations and Politics
Government publicity
Government securities
Health
Higher education
Horticulture
Hospitals
Insurance companies
Insurance premiums
Interest rates
Iron and steel industry
Labor unions
Life insurance
Medical education
Medical residents
Mortality
Pension funds
Pension trust guaranty insurance
Property insurance
Retiree health benefits
State laws
Subsidiary corporations
Transportation and Public Works
Valuation

Summary:
action_date: 2003-09-17
text: 
 Pension Funding Equity Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to temporarily replace (for plan years 2004 and 2005) the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements.
 
Expresses the sense of the Congress that it must ensure the financial health of the defined benefit pension system by working to promptly implement: (1) a permanent replacement for the pension discount rate used for defined benefit pension plan calculations; and (2) comprehensive funding reforms aimed at achieving accurate and sound pension funding.

action_date: 2003-10-08
text: 
Pension Funding Equity Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to temporarily replace (for plan years 2004 and 2005) the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements.
 
Expresses the sense of Congress that it must ensure the financial health of the defined benefit pension system by working to implement promptly: (1) a permanent replacement for the pension discount rate used for defined benefit pension plan calculations; and (2) comprehensive funding reforms aimed at achieving accurate and sound pension funding.

action_date: 2004-01-28
text: 
Pension Stability Act - (Sec. 2) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (Code) to temporarily replace (for plan years 2004 and 2005) the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements.
 
(Sec. 3) Allows applicable employers to elect to make alternative deficit reduction contributions under ERISA and the Code. Provides that applicable employers are: (1) commercial passenger airlines; (2) producers or manufacturers of steel mill products; (3) miners or processors of iron ore or beneficiated iron ore products; (4) specified types of organizations; or (5) other employers who apply to the Secretary of the Treasury for such relief, if it is determined that there is a reasonable likelihood they will be unable to make future required contributions to the plan in a timely manner. Allows such an employer, if the defined benefit plan met certain requirements in 2000, to elect an alternative type of increase for up to two plan years that begin after December 27, 2003, and before December 28, 2005. Restricts benefit increase during such applicable plan year unless specified conditions are met. Requires employers who elect such an alternative deficit reduction contribution to notify participants, beneficiaries, and the Pension Benefit Guaranty Corporation (PBGC). 
 
(Sec. 4) Establishes ERISA requirements for multiemployer defined benefit plan funding notices. Requires plan administrators to send such notices to participants, beneficiaries, labor organizations, and employers for each plan year, within a specified time, form, and manner. Requires such notices to include information on: (1) the plan's funded current liability percentage; (2) the value of the plan's assets, the amount of benefit payments, and the ratio of the assets to the payments for the plan year; (3) rules governing insolvent multiemployer plans, including limitations on benefit payments, potential benefit reductions and suspensions, and potential effects on the plan; and (4) plan benefits eligible to be guaranteed by the PBGC, and circumstances limiting such guarantee. Directs the Secretary of Labor to issue regulations, including a model notice. 
 
(Sec. 5) Permits, under ERISA and the Code, any multiemployer plan that has a net experience loss for a plan year beginning after June 30, 2002, and before July 1, 2006, to elect to have the 15-year amortization period with respect to the loss begin in any plan year selected by the plan from among the three immediately succeeding plan years, for purposes of determining any charge to the funding standard account, or interest, with respect to the loss. Allows such election to suspend amortization with respect to only two plan years. Prohibits from taking effect during the amortization hiatus period any plan amendments which increase plan liabilities by increasing benefits, unless specified conditions are met.
 
(Sec. 6) Provides for a special two-year extension, for plan years beginning in 2004 and 2005, of a transition rule, under the Retirement Protection Act of 1994, as amended by the Taxpayer Relief Act of 1997, with respect to certain pension funding requirements under ERISA and the Code. Allows a certain defined benefit plan, in 2004 and 2005, to use a special mortality table in calculating funding liability and to be exempt from a deficit reduction contribution and variable premiums to the PBGC.
 
(Sec. 7) Sets forth a special ERISA procedure for certain disputes between a multiemployer plan sponsor and an employer involving pension plan withdrawal liability. Shifts, from the employer to the plan sponsor, the burden of proof that the employer created a subsidiary to avoid the employer's liability for plan termination, if: (1) the transaction occurred before January 1, 1999, and at least five years before the date of complete or partial withdrawal; and (2) the employer receives a certain notification under ERISA after October 31, 2003.
 
(Sec. 8) Expresses the sense of the Senate that specified Senate committees should: (1) conduct hearings on the status of the multiemployer pension plans; and (2) work in consultation with the Departments of Labor and of the Treasury on permanent measures to strengthen the integrity of the private pension system to protect current and future beneficiaries.
 
(Sec. 9) Extends, until December 31, 2013, Code and ERISA provisions permitting the transfer of excess pension assets to retiree health accounts. 
 
(Sec. 10) Increases from $350,000 to $600,000 the maximum amount of premiums that may be written annually by a tax-exempt insurance company (other than a life insurance company) in order to remain tax-exempt under the Code.
 
(Sec. 11) Sets forth a Code definition of insurance company, for purposes of a tax on insurance companies that are other than life insurance companies.
 
(Sec. 12) Repeals certain limitations on use of funds to implement measures to reduce overfishing and promote rebuilding of fish stocks, under the Miscellaneous Appropriations and Offsets Act, 2004 (division H of the Consolidated Appropriations Act, 2004).

action_date: 2004-04-01
text: 
Pension Funding Equity Act of 2004 - 
Title I: Pension Funding
 - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (Code) to temporarily replace (for plan years 2004 and 2005) the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements.
 
Directs the Secretary of the Treasury to: (1) determine the permissible range of such rate on the basis of two or more indices that are selected periodically from the the top three quality levels available; and (2) make such range public, as well as indices and methodology used to determine such weighted average rate.
 
(Sec. 102) Allows applicable employers to elect to make alternative deficit reduction contributions under ERISA and the Code. Defines applicable employers as: (1) commercial passenger airlines; (2) those primarily engaged in production or manufacture of steel mill products or the processing of iron ore pellets; or (3) a specified type of organization that established its plan on June 30, 1955. Allows such an employer, if the defined benefit plan met certain requirements in 2000, to elect an alternative type of increase for up to two plan years that begin after December 27, 2003, and before December 28, 2005. Restricts benefit increases during such applicable plan year unless specified conditions are met. Requires employers who elect such an alternative deficit reduction contribution to notify participants, beneficiaries, and the Pension Benefit Guaranty Corporation (PBGC).
 
(Sec. 103) Establishes ERISA requirements for multiemployer defined benefit plan funding notices. Requires plan administrators to send such notices to participants, beneficiaries, labor organizations, and employers for each plan year, within a specified time, form, and manner. Requires such notices to include information on: (1) the plan's funded current liability percentage; (2) the value of the plan's assets, the amount of benefit payments, and the ratio of the assets to the payments for the plan year; (3) rules governing insolvent multiemployer plans, including limitations on benefit payments, potential benefit reductions and suspensions, and potential effects on the plan; and (4) plan benefits eligible to be guaranteed by the PBGC, and circumstances limiting such guarantee. Directs the Secretary of Labor to issue regulations, including a model notice. 
 
(Sec. 104) Permits, under ERISA and the Code, certain eligible multiemployer plan sponsors to elect to defer a charge for a portion of a net experience loss. Allows, with respect to such loss for the first plan year beginning after December 31, 2001, such deferral of up to 80 percent of the amount otherwise required to be charged for any plan year beginning after June 30, 2003, and before July 1, 2005, to any plan year selected by the plan from either of the two immediately succeeding plan years. Prohibits any plan amendments which increase plan liabilities by increasing benefits from taking effect during such deferral period, unless specified conditions are met.
 
Makes a multiemployer plan eligible to elect such deferral if: (1) it had a net investment loss (determined on the basis of actual loss) for the first plan year beginning after December 31, 2001, of at least ten percent of the average fair market value of its assets during the plan year; and (2) its enrolled actuary certifies, on the basis of the actuarial assumptions used for the last plan year ending before the enactment date of this Act, that it is projected to have an accumulated funding deficiency for any plan year beginning between June 30, 2003, and July 1, 2006. Makes a plan ineligible if: (1) any of its required employer contributors failed to timely pay an excise tax imposed on the plan, for any taxable year beginning during the preceding ten-year period; (2) the average contribution required to be made by all employers to it does not exceed ten cents per hour, or no employer is required to make contributions to it, for any plan year beginning after June 30, 1993; or (3) it was granted a specified waiver or an amortization period extension, for any plan year beginning after June 30, 1993.
 

Title II: Other Provisions
 - (Sec. 201) Provides for a special two-year extension, for plan years beginning in 2004 and 2005, of a transition rule, under the Retirement Protection Act of 1994, as amended by the Taxpayer Relief Act of 1997, with respect to certain pension funding requirements under ERISA and the Code. Allows a certain defined benefit plan, in 2004 and 2005, to use a special mortality table in calculating funding liability and to be exempt from a deficit reduction contribution and variable premiums to the PBGC.
 
(Sec. 202) Sets forth a special ERISA procedure for certain disputes between a multiemployer plan sponsor and an employer involving pension plan withdrawal liability. Shifts, from the employer to the plan sponsor, the burden of proof that the employer created a subsidiary to avoid the employer's liability for plan termination, if: (1) the transaction occurred before January 1, 1999, and at least five years before the date of complete or partial withdrawal; and (2) the employer receives a certain notification under ERISA after October 31, 2003.
 
(Sec. 203) Expresses the sense of Congress that it must ensure the financial health of the defined benefit pension system by working to implement promptly: (1) a permanent replacement for the pension discount rate used for defined benefit pension plan calculations; and (2) comprehensive funding reforms, for all defined benefit pension plans, aimed at achieving accurate and sound pension funding 
 
(Sec. 204) Extends, until December 31, 2013, Code and ERISA provisions permitting the transfer of excess pension assets to retiree health accounts. 
 
(Sec. 205) Repeals a Code provision requiring reduction of the policyholder dividend deductions of mutual life insurance companies.
 
(Sec. 206) Revises the definition of small property and casualty insurance companies (insurance companies other than life insurance companies) exempt from income taxes to specify: (1) a company whose gross receipts for the taxable year do not exceed $600,000, and over half such gross receipts consist of premiums (currently, whose net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $350,000); or (2) a mutual insurance company (with certain exceptions) whose gross receipts of which for the taxable year do not exceed $150,000, and more than 35 percent of such gross receipts consist of premiums.
 
 
(Sec. 207) Declares that graduate medical resident matching programs do not violate Federal or State antitrust laws.

action_date: 2004-04-10
text: 

(This measure has not been amended since the Conference Report was filed in the House on April 1, 2004. The summary of that version is repeated here.)

 
Pension Funding Equity Act of 2004 - 
Title I: Pension Funding
 - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (Code) to temporarily replace (for plan years 2004 and 2005) the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements.
 
Directs the Secretary of the Treasury to: (1) determine the permissible range of such rate on the basis of two or more indices that are selected periodically from the the top three quality levels available; and (2) make such range public, as well as indices and methodology used to determine such weighted average rate.
 
(Sec. 102) Allows applicable employers to elect to make alternative deficit reduction contributions under ERISA and the Code. Defines applicable employers as: (1) commercial passenger airlines; (2) those primarily engaged in production or manufacture of steel mill products or the processing of iron ore pellets; or (3) a specified type of organization that established its plan on June 30, 1955. Allows such an employer, if the defined benefit plan met certain requirements in 2000, to elect an alternative type of increase for up to two plan years that begin after December 27, 2003, and before December 28, 2005. Restricts benefit increases during such applicable plan year unless specified conditions are met. Requires employers who elect such an alternative deficit reduction contribution to notify participants, beneficiaries, and the Pension Benefit Guaranty Corporation (PBGC).
 
(Sec. 103) Establishes ERISA requirements for multiemployer defined benefit plan funding notices. Requires plan administrators to send such notices to participants, beneficiaries, labor organizations, and employers for each plan year, within a specified time, form, and manner. Requires such notices to include information on: (1) the plan's funded current liability percentage; (2) the value of the plan's assets, the amount of benefit payments, and the ratio of the assets to the payments for the plan year; (3) rules governing insolvent multiemployer plans, including limitations on benefit payments, potential benefit reductions and suspensions, and potential effects on the plan; and (4) plan benefits eligible to be guaranteed by the PBGC, and circumstances limiting such guarantee. Directs the Secretary of Labor to issue regulations, including a model notice. 
 
(Sec. 104) Permits, under ERISA and the Code, certain eligible multiemployer plan sponsors to elect to defer a charge for a portion of a net experience loss. Allows, with respect to such loss for the first plan year beginning after December 31, 2001, such deferral of up to 80 percent of the amount otherwise required to be charged for any plan year beginning after June 30, 2003, and before July 1, 2005, to any plan year selected by the plan from either of the two immediately succeeding plan years. Prohibits any plan amendments which increase plan liabilities by increasing benefits from taking effect during such deferral period, unless specified conditions are met.
 
Makes a multiemployer plan eligible to elect such deferral if: (1) it had a net investment loss (determined on the basis of actual loss) for the first plan year beginning after December 31, 2001, of at least ten percent of the average fair market value of its assets during the plan year; and (2) its enrolled actuary certifies, on the basis of the actuarial assumptions used for the last plan year ending before the enactment date of this Act, that it is projected to have an accumulated funding deficiency for any plan year beginning between June 30, 2003, and July 1, 2006. Makes a plan ineligible if: (1) any of its required employer contributors failed to timely pay an excise tax imposed on the plan, for any taxable year beginning during the preceding ten-year period; (2) the average contribution required to be made by all employers to it does not exceed ten cents per hour, or no employer is required to make contributions to it, for any plan year beginning after June 30, 1993; or (3) it was granted a specified waiver or an amortization period extension, for any plan year beginning after June 30, 1993.
 

Title II: Other Provisions
 - (Sec. 201) Provides for a special two-year extension, for plan years beginning in 2004 and 2005, of a transition rule, under the Retirement Protection Act of 1994, as amended by the Taxpayer Relief Act of 1997, with respect to certain pension funding requirements under ERISA and the Code. Allows a certain defined benefit plan, in 2004 and 2005, to use a special mortality table in calculating funding liability and to be exempt from a deficit reduction contribution and variable premiums to the PBGC.
 
(Sec. 202) Sets forth a special ERISA procedure for certain disputes between a multiemployer plan sponsor and an employer involving pension plan withdrawal liability. Shifts, from the employer to the plan sponsor, the burden of proof that the employer created a subsidiary to avoid the employer's liability for plan termination, if: (1) the transaction occurred before January 1, 1999, and at least five years before the date of complete or partial withdrawal; and (2) the employer receives a certain notification under ERISA after October 31, 2003.
 
(Sec. 203) Expresses the sense of Congress that it must ensure the financial health of the defined benefit pension system by working to implement promptly: (1) a permanent replacement for the pension discount rate used for defined benefit pension plan calculations; and (2) comprehensive funding reforms, for all defined benefit pension plans, aimed at achieving accurate and sound pension funding 
 
(Sec. 204) Extends, until December 31, 2013, Code and ERISA provisions permitting the transfer of excess pension assets to retiree health accounts. 
 
(Sec. 205) Repeals a Code provision requiring reduction of the policyholder dividend deductions of mutual life insurance companies.
 
(Sec. 206) Revises the definition of small property and casualty insurance companies (insurance companies other than life insurance companies) exempt from income taxes to specify: (1) a company whose gross receipts for the taxable year do not exceed $600,000, and over half such gross receipts consist of premiums (currently, whose net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $350,000); or (2) a mutual insurance company (with certain exceptions) whose gross receipts of which for the taxable year do not exceed $150,000, and more than 35 percent of such gross receipts consist of premiums.
 
(Sec. 207) Declares that graduate medical resident matching programs do not violate Federal or State antitrust laws.


Legislative actions:
action_date: 2004-04-10
text: Became Public Law No: 108-218.
action_date: 2004-04-10
text: Became Public Law No: 108-218.
action_date: 2004-04-10
text: Signed by President.
action_date: 2004-04-10
text: Signed by President.
action_date: 2004-04-09
text: Presented to President.
action_date: 2004-04-09
text: Presented to President.
action_date: 2004-04-08
text: Message on Senate action sent to the House.
action_date: 2004-04-08
text: Senate agreed to conference report by Yea-Nay Vote. 78 - 19. Record Vote Number: 68.
action_date: 2004-04-08
text: Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 78 - 19. Record Vote Number: 68.
action_date: 2004-04-08
text: Conference report considered in Senate. (consideration: CR S3968-3974, S3975-3977, S3979-3989, S3991, S3995-3996)
action_date: 2004-04-05
text: Conference papers: Senate report and manager's statement and message on House action held at the desk in Senate.
action_date: 2004-04-02
text: On agreeing to the conference report Agreed to by recorded vote: 336 - 69 (Roll no. 117).
action_date: 2004-04-02
text: Motions to reconsider laid on the table Agreed to without objection.
action_date: 2004-04-02
text: Conference report agreed to in House: On agreeing to the conference report Agreed to by recorded vote: 336 - 69 (Roll no. 117).
action_date: 2004-04-02
text: On motion to recommit with instructions to conference committee Failed by the Yeas and Nays: 195 - 217 (Roll no. 116).
action_date: 2004-04-02
text: The previous question on the motion to recommit with instructions to conference committee was ordered without objection.
action_date: 2004-04-02
text: Mr. Andrews moved to recommit with instructions to the conference committee. (consideration: CR H2131-2132; text: CR H2131)
action_date: 2004-04-02
text: The previous question was ordered without objection.
action_date: 2004-04-02
text: DEBATE - Pursuant to the order of the House of Thursday, April 1, 2004, the House proceeded with one hour of debate on the conference report to accompany H.R. 3108.
action_date: 2004-04-02
text: Mr. Boehner brought up conference report H. Rept. 108-457 by previously agreed to special order. (consideration: CR H2123-2132)
action_date: 2004-04-01
text: Conference report H. Rept. 108-457 filed. (text of conference report: CR H1997-2014)
action_date: 2004-04-01
text: Conference report filed: Conference report H. Rept. 108-457 filed.(text of conference report: CR H1997-2014)
action_date: 2004-04-01
text: Conferees agreed to file conference report.
action_date: 2004-04-01
text: Conference committee actions: Conferees agreed to file conference report.
action_date: 2004-03-09
text: Conference held.
action_date: 2004-03-09
text: Conference committee actions: Conference held.
action_date: 2004-03-04
text: The Speaker appointed conferees - from the Committee on Ways and Means for consideration of the House bill and the Senate amendment, and modifications committed to conference: Thomas, Portman, and Rangel.
action_date: 2004-03-04
text: The Speaker appointed conferees - from the Committee on Education and the Workforce for consideration of the House bill and the Senate amendment, and modifications committed to conference: Boehner, McKeon, Johnson, Sam, Tiberi, Miller, George, and Andrews.
action_date: 2004-03-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-03-04
text: On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.
action_date: 2004-03-04
text: Mr. Boehner asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference. (consideration: CR H835)
action_date: 2004-02-24
text: Message on Senate action sent to the House.
action_date: 2004-02-12
text: Senate insists on its amendment, asks for a conference, appoints conferees Grassley; Gregg; McConnell; Baucus; Kennedy. (consideration: CR S1401)
action_date: 2004-01-28
text: Passed Senate with an amendment by Yea-Nay Vote. 86 - 9. Record Vote Number: 5. (text: CR S299-303)
action_date: 2004-01-28
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 86 - 9. Record Vote Number: 5.(text: CR S299-303)
action_date: 2004-01-28
text: Considered by Senate. (consideration: CR S294-304)
action_date: 2004-01-27
text: Considered by Senate. (consideration: CR S266-278)
action_date: 2004-01-26
text: Considered by Senate. (consideration: CR S226-241)
action_date: 2004-01-22
text: Measure laid before Senate by unanimous consent. (consideration: CR S157-168)
action_date: 2004-01-22
text: Senate Committee on Finance discharged. pursuant to the order of 12-9-2003.
action_date: 2004-01-22
text: Senate Committee on Finance discharged. pursuant to the order of 12-9-2003.
action_date: 2003-12-09
text: Read twice and referred to the Committee on Finance.
action_date: 2003-10-14
text: Received in the Senate.
action_date: 2003-10-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-10-08
text: On passage Passed by the Yeas and Nays: 397 - 2 (Roll no. 535).
action_date: 2003-10-08
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 397 - 2 (Roll no. 535).
action_date: 2003-10-08
text: Considered as unfinished business. (consideration: CR H9332)
action_date: 2003-10-08
text: POSTPONED PROCEEDINGS - At the conclusion of debate, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Boehner demanded the Yeas and Nays and the Chair postponed further proceedings on the question of final passage until later in the legislative day.
action_date: 2003-10-08
text: The previous question was ordered pursuant to a previous  order of the House.
action_date: 2003-10-08
text: DEBATE - The House proceeded with one hour of debate on H.R. 3108, as amended.
action_date: 2003-10-08
text: Considered pursuant to a previous order.
action_date: 2003-10-08
text: Consideration initiated pursuant to a previous order. (consideration: CR H9293-9302; text of measure as introduced: CR H9293-9294)
action_date: 2003-09-17
text: Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-09-17
text: Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-09-17
text: Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-09-17
text: Introduced in House
action_date: 2003-09-17
text: Introduced in House

Enacted as: number: 108-218