II
Calendar No. 233
109th CONGRESS
1st Session
S. 1802
IN THE SENATE OF THE UNITED STATES
September 29, 2005
Mr. Enzi introduced the following bill; which was read the first time
September 30, 2005
Read the second time and placed on the calendar
A BILL
To provide for appropriate waivers, suspensions, or exemptions from provisions of title I of the Employee Retirement Income Security Act of 1974 with respect to individual account plans affected by Hurricane Katrina or Rita.
Short title
This Act may be cited as
the Pension Flexibility in Natural
Disasters Act of 2005
.
Authority to the Secretary of Labor, Secretary of the Treasury, and the Pension Benefit Guaranty Corporation
The Secretary of Labor, the Secretary of the Treasury, and the Executive Director of the Pension Benefit Guaranty Corporation shall exercise their authority under section 518 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1148) and section 7508A of the Internal Revenue Code of 1986 to postpone certain deadlines by reason of the Presidentially declared disaster areas in Louisiana, Mississippi, Alabama, Texas, and elsewhere, due to the effect of Hurricane Katrina or Rita. The Secretaries and the Executive Director of the Corporation shall issue guidance as soon as is practicable to plan sponsors and participants regarding extension of deadlines and rules applicable to these extraordinary circumstances. Nothing in this section shall be construed to relieve any plan sponsor from any requirement to pay benefits or make contributions under the plan of the sponsor.
Authority to prescribe guidance by reason of the Presidentially declared disaster caused by Hurricane Katrina or Rita
Waivers, suspensions, or exemptions
In the case of any pension plan which is an individual account plan, or any participant or beneficiary, plan sponsor, administrator, fiduciary, service provider, or other person with respect to such plan, affected by Hurricane Katrina or Rita, or any service provider or other person dealing with such plan, the Secretary of Labor may, notwithstanding any provision of title I of the Employee Retirement Income Security Act of 1974, prescribe, by notice or otherwise, a waiver, suspension, or exemption from any provision of such title which is under the regulatory authority of such Secretary, or from regulations issued under any such provision, that such Secretary determines appropriate to facilitate the distribution or loan of assets from such plan to participants and beneficiaries of such plan.
Exemption from liability for acts or omissions covered by waiver, suspension, or exemption
No person shall be liable for any violation of title I of the Employee Retirement Income Security Act of 1974, or of any regulations issued under such title, based upon any act or omission covered by a waiver, suspension, or exemption issued under subsection (a) if such act or omission is in compliance with the terms of the waiver, suspension, or exemption.
Plan terms subject to waiver, suspension, or exemption
Notwithstanding any provision of the plan to the contrary and to the extent provided in any waiver, suspension, or exemption issued by the Secretary of Labor pursuant to subsection (a), no plan shall be treated as failing to be operated in accordance with its terms solely as a result of acts or omissions which are consistent with such waiver, suspension, or exemption.
Expiration of authority
This section shall apply only with respect to waivers, suspensions, or exemptions issued by the Secretary of Labor during the 1-year period following the date of the enactment of this Act.
Definitions
Terms used in this section shall have the meanings provided such terms in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002).
Authority in the event of Presidentially declared disaster or terroristic or military actions
Section 518 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1148) is amended by
inserting , under any regulation issued thereunder, or under any plan
provision
after under this Act
.
September 30, 2005
Read the second time and placed on the calendar