II 114th CONGRESS 2d Session S. 3307 IN THE SENATE OF THE UNITED STATES September 8, 2016 Mr. Warner (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to avoid duplicative annual reporting, and for other purposes.

1. Combination of annual reports (a) In general The Secretary of the Treasury and the Secretary of Labor shall cooperate to modify the returns required under section 6058 of the Internal Revenue Code of 1986 and the reports required by section 104 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024 ) so that all members of a group of plans described in subsection (c) may file a single aggregated annual return or report satisfying the requirements of both such sections. (b) Administrative requirements In developing the consolidated return or report under subsection (a), the Secretary of the Treasury and the Secretary of Labor may require such return or report to include any information regarding each plan in the group as such Secretaries determine is necessary or appropriate for the enforcement and administration of the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974. (c) Plans described A group of plans is described in this subsection if all plans in the group— (1) are individual account plans or defined contribution plans (as defined in section 3(34) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(34) ) or in section 414(i) of the Internal Revenue Code of 1986); (2) have— (A) the same trustee (as described in section 403(a) of such Act ( 29 U.S.C. 1103(a) )); (B) the same one or more named fiduciaries (as described in section 402(a) of such Act ( 29 U.S.C. 1102(a) )); (C) the same administrator (as defined in section 3(16)(A) of such Act ( 29 U.S.C. 1002(16)(A) )) and plan administrator (as defined in section 414(g) of the Internal Revenue Code of 1986); and (D) plan years beginning on the same date; and (3) provide the same investments or investment options to participants and beneficiaries. A plan not subject to title I of the Employee Retirement Income Security Act of 1974 shall be treated as meeting the requirements of paragraph (2) as part of a group of plans if the same person that performs each of the functions described in such paragraph, as applicable, for all other plans in such group performs each of such functions for such plan. (d) Effective date The modifications required by subsections (a) and (b) shall be implemented not later than January 1, 2020, and shall be effective for returns and reports due on or after such date. 2. Clarification relating to electronic filing of returns for deferred compensation plans (a) In general Section 6011(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Application of numerical limitation to returns relating to deferred compensation plans For purposes of applying the numerical limitation under paragraph (2)(A) to any return required under section 6058, each plan for which information is provided on such return shall be treated as a separate return. . (b) Effective date The amendment made by subsection (a) shall apply to returns required to be filed after the date of the enactment of this Act.