H.R. 3920 – Reading Mode

111th CONGRESS

1st Session

H. R. 3920

IN THE HOUSE OF REPRESENTATIVES

October 23, 2009

Mr. Burgess introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide for a waiver of minimum required distribution rules applicable to pension plans for 2010.

Waiver of pension plan minimum required distribution rules for 2010

(a)

In general

Clause (i) of section 401(a)(9)(H) of the Internal Revenue Code of 1986 (relating to general rule for temporary waiver of minimum required distribution) is amended by striking calendar year 2009 and inserting calendar years 2009 and 2010.

(b)

Conforming amendments

(1)

Clause (ii) of section 401(a)(9)(H) of such Code is amended—

(A)

in subclause (I) by striking 2009 and inserting 2010, and

(B)

in subclause (II) by striking calendar year 2009 and inserting calendar years 2009 and 2010.

(2)

Paragraph (4) of section 402(c) of such Code is amended—

(A)

by striking 2009 the first place it appears and inserting 2009 or 2010, and

(B)

by striking 2009, the second place it appears and inserting 2009 or 2010, as the case may be,.

(c)

Effective date

(1)

In general

The amendments made by this section shall apply to calendar years beginning after December 31, 2009.

(2)

Provisions relating to plan or contract amendments

(A)

In general

If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall not fail to be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii) solely because the plan operates in accordance with this section.

(B)

Amendments to which paragraph applies

(i)

In general

This paragraph shall apply to any amendment to any pension plan or annuity contract which—

(I)

is made pursuant to the amendments made by this section, and

(II)

is made on or before the last day of the first plan year beginning on or after January 1, 2012.

In the case of a governmental plan, subclause (II) shall be applied by substituting 2013 for 2012.

(ii)

Conditions

This paragraph shall not apply to any amendment unless during the period beginning on the effective date of the amendment and ending on December 31, 2010, the plan or contract is operated as if such plan or contract amendment were in effect.