II 117th CONGRESS 2d Session S. 3712 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Kaine 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 provide for periodic automatic reenrollment under qualified automatic contribution arrangements, and for other purposes.

1. Short title This Act may be cited as the Auto Reenroll Act of 2022 . 2. Automatic reenrollment under qualified automatic contribution arrangements and eligible automatic contribution arrangements (a) Qualified automatic contribution arrangements (1) In general Section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) Periodic automatic deferral required for post-2024 arrangements In the case of a qualified automatic contribution arrangement which takes effect after December 31, 2024, the requirements of this subparagraph shall be treated as met only if, under the arrangement, at least every 3 plan years each employee— (I) who is eligible to participate in the arrangement, and (II) who, at the time of the determination, has in effect an affirmative election pursuant to clause (ii) not to have contributions described in clause (i) made, is treated as having made the election described in clause (i) unless the employee makes a new affirmative election under clause (ii). Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment. . (2) Conforming amendments Clause (iv) of section 401(k)(13)(C) of such Code is amended— (A) in the heading, by inserting for pre-2025 arrangements after required ; and (B) by striking Clause (i) and inserting In the case of a qualified automatic contribution arrangement in effect before January 1, 2025, clause (i) . (b) Eligible automatic contribution arrangements Section 414(w)(3) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking arrangement .—For purposes of and inserting the following: “ arrangement .— (A) In general For purposes of ; and (3) by adding at the end the following new subparagraph: (B) Periodic automatic deferral required In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of this subsection shall be treated as met only if, under the arrangement, at least every 3 plan years each employee— (i) who is eligible to participate in the arrangement, and (ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage level described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment. . (c) Conforming amendment Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144(e)(2) ) is amended— (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking (2) For purposes of and inserting (2)(A) For purposes of ; and (3) by adding at the end the following: (B) In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of subparagraph (A)(ii) shall be treated as met only if, under the arrangement, at least every 3 plan years each employee— (i) who is eligible to participate in the arrangement; and (ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage of compensation described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment. . (d) Effective date The amendments made by this section shall apply to arrangements taking effect after December 31, 2024.