H.R. 4915House111th Congress (2009-2011)Reconciliation

An Act to amend the Internal Revenue Code of 1986 to make technical corrections to the pension funding provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010.

Introduced March 23, 2010

Legislative Activity

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15 earlier actions
SenateFloor Latest Action

Message on Senate action sent to the House.

December 20, 2010

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HouseIntro Referral

Introduced in House

March 23, 2010

HouseIntro Referral

Referred to House Transportation and Infrastructure

March 23, 2010

HouseIntro Referral

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 23, 2010

HouseIntro Referral

Referred to House Ways and Means

March 23, 2010

HouseFloor

Mr. Costello moved to suspend the rules and pass the bill.

March 24, 2010 • 10:42 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H2268-2273)

March 24, 2010 • 10:42 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4915.

March 24, 2010 • 10:42 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H2268-2269)

March 24, 2010 • 11:18 AM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2268-2269)

March 24, 2010 • 11:18 AM

SenateIntro Referral

Received in the Senate.

March 24, 2010

HouseCommittee

Referred to the Subcommittee on Aviation.

March 24, 2010

SenateIntro Referral

Read twice and referred to the Committee on Finance.

March 26, 2010

SenateCommittee

Senate Committee on Finance discharged by Unanimous Consent.

December 18, 2010

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S10696)

December 18, 2010

SenateFloor

Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

December 18, 2010

SenateFloor

Message on Senate action sent to the House.

December 20, 2010

Floor Debate

21 members

What members said about H.R. 4915 on the floor

8 Republicans13 Democrats
Tom Coburn
Sen. Tom CoburnR-OK · Mar 26, 2010

Mr. President, I ask unanimous consent that Senator Stabenow control the time from 9:30 a.m. to 10 a.m.; that I control the time from 10 a.m. to 10:30 a.m.; that Senator Stabenow control the time…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Mar 26, 2010

Mr. President, I thank my colleague from Oklahoma. Mr. President, we are here today because Republicans are objecting again to critical legislation and critical problem-solving efforts that are going…

Jack Reed
Sen. Jack ReedD-RI · Nov 30, 2010

Mr. President, today we have an opportunity to assist literally hundreds of thousands of families across this country who are out of work through no fault of their own, who are battling with the most…

Scott P. Brown
Sen. Scott P. Brown R-MA · Nov 30, 2010

Madam President, I object. And I have a pay-for alternative on which I would like to speak. Madam President, I wish to thank the Senator from Rhode Island, who passionately spoke about his proposal,…

George S. LeMieux
Sen. George S. LeMieux R-FL · Mar 26, 2010

Mr. President, I thank my friend and colleague from Alabama. Senator Sessions has been an outstanding leader on many issues but specifically on this issue of fighting against this debt. He and I…

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Mark  Begich
Sen. Mark Begich D-AK · Dec 1, 2010

Mr. President, thank you very much. Earlier today I spoke on the Senate floor and talked about how the economy is fragile but going in the right direction and how many of us on this side of the…

John Barrasso
Sen. John BarrassoR-WY · Mar 26, 2010

Mr. President, it was fascinating to be here in the Senate Chamber this morning when first the Senator from Iowa made the statement, ``I'm all for paying for things.'' I am all for paying for things?…

Jon Kyl
Sen. Jon KylR-AZ · Mar 26, 2010

It is easier just to say the ``other'' Senator from Arizona, given who my colleague is. First of all, I want to say that my colleague, John McCain, has been a leader in this battle for fiscal…

Carl Levin
Sen. Carl LevinD-MI · Mar 26, 2010

I wonder if Senator Chambliss might stay for 1 second so I can inform my Republican colleagues, in about 10 minutes I will be asking unanimous consent to confirm a general who has been nominated--a…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Dec 1, 2010

Mr. President, just to follow with my colleagues--and I so appreciate the Senator from Ohio and his comments regarding what is happening to people who have lost jobs through no fault of their own--…

Sherrod Brown
Sen. Sherrod BrownD-OH · Dec 1, 2010

Mr. President, I will in a moment--in the spirit of fair play, we are waiting for some Republicans to enter the Chamber--I will ask unanimous consent that the Finance Committee be discharged from S.…

Jerry F. Costello
Rep. Jerry F. CostelloD-IL-12 · Mar 24, 2010

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4915) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust…

Jeff Sessions
Sen. Jeff SessionsR-AL · Mar 26, 2010

Madam President, I appreciate the leadership Senator Coburn has shown. We need to focus on the seriousness of the issue and all that is at stake--why it is important and how it can be done. It's not…

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Saxby Chambliss
Sen. Saxby ChamblissR-GA · Mar 26, 2010

I thank the Senator from Oklahoma. I will be here this morning to talk about this issue. I, too, just want to say to the Senator from Michigan, it is unfortunate that the Senate has tried to be…

Claire McCaskill
Sen. Claire McCaskillD-MO · Dec 1, 2010

Mr. President, will the Senator yield for a question? I say to the Senator through the Chair that an awful lot of economists have met with I think all the Senators about the frustrations we have with…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 1, 2010

Mr. President, before my colleague sits down, would he yield for a question? I thank you, Mr. President. The beginning of this letter, signed by 42 of our Republican colleagues, says: The Nation's…

Tom Harkin
Sen. Tom HarkinD-IA · Mar 26, 2010

Mr. President, I thank my colleague and dear friend, Senator Stabenow, for those kind words. I know no one who cares more deeply and works harder in this body for the average American family, for the…

Ron Wyden
Sen. Ron WydenD-OR · Mar 26, 2010

Mr. President, when I have come to the floor over the last few months, I have always tried to focus on ways to bring parties together, both sides to work for common solutions--whether it's health…

John Barrasso
Sen. John BarrassoR-WY · Dec 1, 2010

I object. Mr. President, reserving the right to object, this request just came to us moments ago. This is the first time we have seen this request, and I cannot speak to the merits of this bill or…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Nov 30, 2010

Before the Senator makes his request, may I pose a question to the Senator. I thank the Senator for his time and his leadership on this issue. I am happy to join him. I want to make sure we put this…

Jack Reed
Sen. Jack ReedD-RI · Mar 26, 2010

Mr. President, I thank Senator Stabenow. We are here to attempt to extend unemployment benefits for a brief period of time so Americans do not get caught up in the expiration of these benefits on…

John L. Mica
Rep. John L. MicaR-FL-7 · Mar 24, 2010

Thank you for yielding. Madam Speaker and my colleagues, if everyone isn't totally confused by what's going on with the FAA legislation, it will be a miracle, but let me just try to take, for a…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Mar 24, 2010

Would the gentleman yield? That makes the gentleman from Florida, Madam Speaker, the author of the longest surviving authorization of FAA programs. I thank the gentleman for yielding and compliment…

Tom Udall
Sen. Tom UdallD-NM · Dec 1, 2010

Mr. President, we have heard here and in speaking with the Senators here on the floor about a really appalling action that has been taking place. I have a letter here signed by all of the Republicans…

Bill Text

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Engrossed Amendment SenateIssued December 18, 2010

In the Senate of the United States,

December 18, 2010.

Amendments:

That the bill from the House of Representatives (H.R. 4915) entitled An Act to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes., do pass with the following

Strike all after the enacting clause and insert the following:

1.

Definition of eligible plan year

(a)

Amendment to ERISA

Clause (v) of section 303(c)(2)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)(2)(D)), as added by section 201(a)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended—

(1)

by striking on or after the date of the enactment of this subparagraph and inserting on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan), and

(2)

by adding at the end the following new sentence: “For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)—

(A)

the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law,

(B)

there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 of the Internal Revenue Code of 1986 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year),

(C)

there are no outstanding liens in favor of the plan under subsection (k), and

(D)

the plan sponsor has not initiated a distress termination of the plan under section 4041.

.

(b)

Amendment to Internal Revenue Code of 1986

Clause (v) of section 430(c)(2)(D) of the Internal Revenue Code of 1986, as added by section 201(b)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended—

(1)

by striking on or after the date of the enactment of this subparagraph and inserting on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan), and

(2)

by adding at the end the following new sentence: “For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)—

(A)

the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law,

(B)

there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year),

(C)

there are no outstanding liens in favor of the plan under subsection (k), and

(D)

the plan sponsor has not initiated a distress termination of the plan under section 4041 of the Employee Retirement Income Security Act of 1974.

.

(c)

Effective date

The amendments made by this section shall take effect as if included in the amendments made by the provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendments relate.

2.

Eligible charity plans

(a)

Definition of eligible charity plans

(1)

In general

Section 104(d) of the Pension Protection Act of 2006, as added by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended to read as follows:

(d)

Eligible charity plan defined

For purposes of this section, a plan shall be treated as an eligible charity plan for a plan year if—

(1)

the plan is maintained by one or more employers employing employees who are accruing benefits based on service for the plan year,

(2)

such employees are employed in at least 20 States,

(3)

more than 98 percent of such employees are employed by an employer described in section 501(c)(3) of such Code and the primary exempt purpose of each such employer is to provide services with respect to children, and

(4)

the plan sponsor elects (at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury) to be so treated.

Any election under this subsection may be revoked only with the consent of the Secretary of the Treasury.

.

(2)

Effective date

The amendment made by this subsection shall take effect as if included in the amendment made by the provision of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendment relates (determined after application of the amendment made by subsection (c)), except that a plan sponsor may elect to apply such amendment to plan years beginning on or after January 1, 2011.

(b)

Regulations

The Secretary of the Treasury may prescribe such regulations as may be necessary to carry out the purposes of the amendments made by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 and the amendment made by subsection (a).

(c)

Application of new rules to eligible charity plans

(1)

In general

Paragraph (2) of section 202(c) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 is amended to read as follows:

(2)

Eligible charity plans

The amendments made by subsection (b) shall apply to plan years beginning after December 31, 2010, except that a plan sponsor may elect to apply such amendments to plan years beginning after an earlier date.

.

(2)

Effective date

The amendment made by this subsection shall take effect as if included in the amendment made by the provision of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendment relates.

3.

Suspension of certain funding level limitations

(a)

Limitations on benefit accruals

Section 203 of the Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110–458; 122 Stat. 5118) is amended—

(1)

by striking the first plan year beginning during the period beginning on October 1, 2008, and ending on September 30, 2009 and inserting any plan year beginning during the period beginning on October 1, 2008, and ending on December 31, 2011;

(2)

by striking substituting and all that follows through for such plan year and inserting substituting for such percentage the plan’s adjusted funding target attainment percentage for the last plan year ending before September 30, 2009,; and

(3)

by striking for the preceding plan year is greater and inserting for such last plan year is greater.

(b)

Social security level-income options

(1)

ERISA amendment

Section 206(g)(3)(E) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new sentence: For purposes of applying clause (i) in the case of payments the annuity starting date for which occurs on or before December 31, 2011, payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 204(b)(1)(G))..

(2)

IRC amendment

Section 436(d)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: For purposes of applying subparagraph (A) in the case of payments the annuity starting date for which occurs on or before December 31, 2011, payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 411(a)(9))..

(3)

Effective date

(A)

In general

The amendments made by this subsection shall apply to annuity payments the annuity starting date for which occurs on or after January 1, 2011.

(B)

Permitted application

A plan shall not be treated as failing to meet the requirements of sections 206(g) of the Employee Retirement Income Security Act of 1974 (as amended by this subsection) and section 436(d) of the Internal Revenue Code of 1986 (as so amended) if the plan sponsor elects to apply the amendments made by this subsection to payments the annuity starting date for which occurs before January 1, 2011.

(c)

Repeal of related provisions

The provisions of, and the amendments made by, section 203 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 are repealed and the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110–458; 122 Stat. 5118) shall be applied as if such section had never been enacted.

4.

Optional use of 30-year amortization periods

(a)

Amendment to ERISA

Paragraph (8) of section 304(b) of the Employee Retirement Income Security Act of 1974, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended by striking after August 31, 2008 each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II), and inserting on or after June 30, 2008.

(b)

Amendment to Internal revenue Code of 1986

Paragraph (8) of section 431(b) of the Internal Revenue Code of 1986, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended by striking after August 31, 2008 each place it appears in subparagraphs (A)(i) and (B)(i)(I) and inserting on or after June 30, 2008.

(c)

Effective date and special rules

The amendments made by this section shall take effect as of the first day of the first plan year beginning on or after June 30, 2008, except that any election a plan sponsor makes pursuant to this section or the amendments made thereby that affects the plan’s funding standard account for any plan year beginning before October 1, 2009, shall be disregarded for purposes of applying the provisions of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 to that plan year.

Amend the title so as to read: An Act to amend the Internal Revenue Code of 1986 to make technical corrections to the pension funding provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010..

Secretary