Cooperative And Small Employer Charity Pension Flexibility Act
   HOME

TheInfoList



OR:

The Cooperative and Small Employer Charity Pension Flexibility Act (; ) is a law that allows some charities, schools, and volunteer organizations to remain exempt from
pension A pension (, from Latin ''pensiƍ'', "payment") is a fund into which a sum of money is added during an employee's employment years and from which payments are drawn to support the person's retirement from work in the form of periodic payments ...
plan rules under the
Employee Retirement Income Security Act of 1974 The Employee Retirement Income Security Act of 1974 (ERISA) (, codified in part at ) is a U.S. federal tax and labor law that establishes minimum standards for pension plans in private industry. It contains rules on the federal income tax eff ...
(ERISA) and the
Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...
. The act became law during the
113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Presidency of Barack Obama, Barack Obama's presiden ...
. During the same congress, the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
considered S. 1302, a bill with same name but different provisions.


Provisions of the bill

''This summary is based largely on the summary provided by the
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
, a
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
source.'' The Cooperative and Small Employer Charity Pension Flexibility Act would amend the
Employee Retirement Income Security Act of 1974 The Employee Retirement Income Security Act of 1974 (ERISA) (, codified in part at ) is a U.S. federal tax and labor law that establishes minimum standards for pension plans in private industry. It contains rules on the federal income tax eff ...
(ERISA) and the
Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...
, with respect to cooperative and small employer charity pension plans (CSEC plans), to: (1) define such plans as employee benefit pension plans that are defined benefit plans maintained as of June 25, 2010, by multiple employers, all of whom are tax-exempt charitable organizations; (2) exempt CSEC plans from existing funding standards and allow such plans to establish minimum funding standards and special rules with respect to the valuation of plan assets, required contributions, and liquidity requirements; (3) allow pension plan sponsors to elect out of treatment of their plans as a CSEC plan in plan years beginning after December 31, 2013; and (4) require notices to pension plan participants to include statements that different rules apply to CSEC plans than apply to single-employer plans, that contributions to a plan may have changed due to amendments made by this Act, and that a CSEC Plan is in funding restoration status for the plan year. The bill would require the Participant and Plan Sponsor Advocate established by ERISA to make itself available to assist CSEC plan sponsors and participants.


Procedural history

The Cooperative and Small Employer Charity Pension Flexibility Act was introduced into the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
on March 18, 2014 by Rep. Susan Brooks (R-IN) and Rep. Ron Kind (D-WI) . The bill was referred to the United States House Committee on Education and the Workforce and the
United States House Committee on Ways and Means The Committee on Ways and Means is the chief tax-writing committee of the United States House of Representatives. The committee has jurisdiction over all taxation, tariffs, and other revenue-raising measures, as well as a number of other program ...
. The House was scheduled to consider the bill under a suspension of the rules on March 24, 2014. On March 24, 2014, the House passed the bill with a
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...
. On March 25, 2014, the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
passed the bill by unanimous consent and President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
signed the bill into law () on April 7, 2014.


Debate and discussion

Rep. Brooks argued that the bill was needed because "some charities, schools and cooperatives are actually shutting down summer camps, cutting back on services to the community, or raising prices just to meet their pension obligations." According to Jo Ann Emerson, the CEO of the National Rural Electric Cooperative Association, "both the House and Senate have now confirmed that cooperative and non-profit pension plans pose virtually no risk of default and deserve different treatment."


See also

* List of bills in the 113th United States Congress *
Acts of the 113th United States Congress The acts of the 113th United States Congress includes all Acts of Congress and ratified treaties by the 113th United States Congress, which lasted from January 3, 2013 to January 3, 2015. Acts include public and private laws, which are enacted ...


Notes/References


External links


Library of Congress - Thomas H.R. 4275beta.congress.gov H.R. 4275GovTrack.us H.R. 4275House Republicans Conference's Legislative Digest on H.R. 4275Full Statement from Susan Brooks on passage
{{DEFAULTSORT:Cooperative and Small Employer Charity Pension Flexibility Act United States federal taxation legislation Employee Retirement Income Security Act of 1974 Acts of the 113th United States Congress