S. 2913Senate116th Congress (2019-2021)In Committee

Protecting Critical Services for Mothers and Babies Act

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Updated April 14, 2026 at 9:36 AM UTC

The Protecting Critical Services for Mothers and Babies Act extends cooperative and small‑employer charity pension plan rules to certain nonprofit organizations that primarily serve mothers and children. It adds a new category of eligible employers—501(c)(3) charities that have existed at least 80 years, conduct medical research, and focus on mothers and children—to the ERISA and Internal Revenue Code provisions governing pension plans. The changes affect those charitable employers and the retirement plans they maintain for employees. The amendments apply to plan years beginning after Dec. 31, 2018.

Key Provisions

Amend ERISA §210(f)(1) to add a new subparagraph defining eligible charitable employers as 501(c)(3) organizations existing at least 80 years, conducting medical research, and whose primary purpose is services for mothers and children.
Amend IRC §414(y)(1) with the same eligibility criteria for charitable employers to apply cooperative and small‑employer charity pension plan rules.
Set the effective date of these amendments to plan years beginning after December 31, 2018.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S6720)

Health, Education, Labor, and Pensions Committee

November 20, 2019

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SenateIntro Referral

Introduced in Senate

November 20, 2019

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S6720)

Health, Education, Labor, and Pensions Committee

November 20, 2019

Bill Text

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Introduced in SenateIssued November 20, 2019

116th CONGRESS

1st Session

S. 2913

IN THE SENATE OF THE UNITED STATES

November 20, 2019

Mr. Kaine (for himself, Mr. Perdue, Mr. Scott of South Carolina, and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

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.

Short title

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

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.