Pension Technical Modifications Act

Bill: 112-hr-2656
Sponsor: Rep. Kind, Ron [D-WI-3]
Introduced: 2011-07-26 in the House
Policy area: Labor and Employment
Subjects: Employee benefits and pensions

Summary:
action_date: 2011-07-26
text: 
Pension Technical Modifications Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code with respect to the formula for the target normal plan cost element in the larger formula for determining the minimum required employer contribution for a plan year of a single-employer defined benefit pension plan. Revises the formula for the target normal cost to allow a plan sponsor to elect to exclude plan investment expenses from the amount of plan-related expenses expected to be paid from plan assets during the plan year.
 
Makes technical amendments to ERISA and the Internal Revenue Code, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PACMBPRA), regarding the election to apply specified requirements in an eligible plan year with respect to the shortfall amortization base in minimum funding standards for such plans.
 
Treats a plan as eligible for such an election only if: (1) the plan sponsor is not a debtor in a case under bankruptcy law or similar federal or state law, (2) there are no unpaid minimum required contributions with respect to the plan for purposes of the excise tax when minimum required contributions are not paid when due, (3) there are no outstanding liens in favor of the plan for a person's failure to make required contributions, and (4) the plan sponsor has not initiated a distress termination of the plan.
 
Amends the Pension Protection Act of 2006 (PPA), as amended by PACMBPRA, to allow plan sponsors to elect to treat a certain kind of plan as an eligible charity plan instead of requiring them to, as under current law. Permits such an election to be revoked, however, only with the consent of the Secretary of the Treasury. Postpones to plan years beginning after December 31, 2010, the authorization for such an election.
 
Amends the Worker, Retiree, and Employer Recovery Act of 2008 to extend through plan years beginning during the period October 1, 2008-December 31, 2011, certain funding-based limits on benefit accruals for single-employer plans with severe funding shortfalls. Revises the adjusted funding target attainment percentage factor in such limits for that period.
 
Amends ERISA and the Internal Revenue Code with respect to the allowance of a one-time prohibited payment by a single-employer plan. Declares that payments under a Social Security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a Social Security supplement).
 
Extends from September 1, 2011, through December 31, 2011, the special rule and ratio for certain years of eligible charity plans which excludes such plans from the authority of a plan sponsor to elect to credit against the minimum required contribution for the current plan year all or a portion of the prefunding balance or the funding standard carryover balance for the year.


Legislative actions:
action_date: 2011-09-08
text: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
action_date: 2011-07-26
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: 2011-07-26
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: 2011-07-26
text: Introduced in House
action_date: 2011-07-26
text: Introduced in House