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Title II — Encouraging Small Businesses to Enter and Remain in the Employer Retirement Plan System

H.R. 2117 · 113th Congress · May 22, 2013 · Lineage

II Encouraging Small Businesses to Enter and Remain in the Employer Retirement Plan System

Sec. 201 Increase in credit limitation for small employer pension plan startup costs

(a)
In general— Paragraph (1) of section 45E(b) is amended to read as follows:

“(1) for the first credit year and each of the 2 taxable years immediately following the first credit year, the greater of—

“(A) $500, or

“(B) the lesser of—

“(i) $250 for each employee of the eligible employer who is not a highly compensated employee (as defined in section 415(q)) and who is eligible to participate in the eligible employer plan maintained by the eligible employer, or

“(ii) $5,000, and”

(b)
Effective date— The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

Sec. 202 Eliminating barriers to use of multiple employer plans

By December 31, 2013, the Secretaries of the Treasury and Labor shall—
(1)
prescribe administrative guidance establishing conditions under which an employer participating in a plan described in section 413(c) of the Internal Revenue Code of 1986 shall not have any liability under title I of the Employee Retirement Income Security Act of 1974 with respect to the acts or omissions of one or more other participating employers, which regulations may require that the portion of the plan attributable to such participating employers be spun off to plans maintained by such employers,
(2)
prescribe administrative guidance establishing conditions under which a plan described in section 413(c) of such Code may be treated as satisfying the qualification requirements of sections 401(a) and 413(c) of such Code despite the violation of such requirements by one or more participating employers, including requiring, if appropriate, that the portion of the plan attributable to such participating employers be spun off to plans maintained by such employers, and
(3)
prescribe administrative guidance providing simplified means by which plans described in section 413(c) of such Code may satisfy the requirements of section 103 of the Employee Retirement Income Security Act of 1974.