H.R. 5202 – Protecting Critical Services for Mothers and Babies Act

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Updated April 14, 2026 at 9:42 AM UTC

The Protecting Critical Services for Mothers and Babies Act expands the special pension‑plan rules that apply to cooperative and small‑employer charitable organizations so they also cover charities whose main work is helping mothers and children. It lets qualifying charities use these more flexible retirement‑plan provisions for their workers.

Key Provisions

Adds a new definition of eligible charitable employers to ERISA and the Internal Revenue Code. To qualify, an organization must be a 501(c)(3) charity, have existed for at least 80 years, conduct medical research (directly or through grantmaking), and have its primary purpose focused on services for mothers and children.
Applies the cooperative and small‑employer charity pension‑plan rules to any employer that meets those criteria.
The changes take effect for plan years that begin after December 31, 2018.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on Education and Labor, 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.

Education and Workforce Committee

November 20, 2019

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HouseIntro Referral

Introduced in House

November 20, 2019

HouseIntro Referral

Referred to the Committee on Education and Labor, 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.

Education and Workforce Committee

November 20, 2019

Bill Text

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Introduced in HouseIssued November 20, 2019

I

116th CONGRESS

1st Session

H. R. 5202

IN THE HOUSE OF REPRESENTATIVES

November 20, 2019

Mrs. McBath (for herself, Mr. Woodall, Mr. Beyer, and Mr. David P. Roe of Tennessee) introduced the following bill; which was referred to the Committee on Education and Labor, 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

A BILL

To apply cooperative and small employer charity pension plan rules to certain charitable employers whose primary exempt purpose is providing services with respect to mothers and children.

1.

Short title

This Act may be cited as the Protecting Critical Services for Mothers and Babies Act.

2.

Application of cooperative and small employer charity pension plan rules to certain charitable employers whose primary exempt purpose is providing services with respect to mothers and children

(a)

Employee Retirement Income and Security Act of 1974

(1)

In general

Section 210(f)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1060(f)(1)) is amended—

(A)

by striking or at the end of subparagraph (B);

(B)

by striking the period at the end of subparagraph (C) and inserting ; or; and

(C)

by inserting after subparagraph (C) the following new subparagraph:

(D)

that, as of January 1, 2000, was maintained by an employer—

(i)

described in section 501(c)(3) of the Internal Revenue Code of 1986,

(ii)

who has been in existence for at least 80 years,

(iii)

who conducts medical research directly or indirectly through grant making, and

(iv)

whose primary exempt purpose is to provide services with respect to mothers and children.

.

(b)

Internal Revenue Code of 1986

(1)

IRC in general

Section 414(y)(1) of the Internal Revenue Code of 1986 is amended—

(A)

by striking or at the end of subparagraph (B);

(B)

by striking the period at the end of subparagraph (C) and inserting ; or; and

(C)

by inserting after subparagraph (C) the following new subparagraph:

(D)

that, as of January 1, 2000, was maintained by an employer—

(i)

described in section 501(c)(3),

(ii)

who has been in existence for at least 80 years,

(iii)

who conducts medical research directly or indirectly through grant making, and

(iv)

whose primary exempt purpose is to provide services with respect to mothers and children.

.

(c)

Effective date

The amendments made by subsections (a) and (b) shall take effect with respect to plan years beginning after December 31, 2018.