Cooperative And Small Employer Charity Pension Flexibility Act (H.R. 4275; 113th Congress)
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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 (; ) is a fund into which amounts are paid regularly during an individual's working career, and from which periodic payments are made to support the person's retirement from work. A pension may be either a " defined benefit plan", wh ...
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 federal law, U.S. federal United States tax law, tax and United States labor law, labor law that establishes minimum standards for Retirement plans in the ...
(ERISA) and the
Internal Revenue Code The Internal Revenue Code of 1986 (IRC), is the domestic portion of federal statutory tax law in the United States. It is codified in statute as Title 26 of the United States Code. The IRC is organized topically into subtitles and sections, co ...
. 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 ...
, a
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
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 federal law, U.S. federal United States tax law, tax and United States labor law, labor law that establishes minimum standards for Retirement plans in the ...
(ERISA) and the
Internal Revenue Code The Internal Revenue Code of 1986 (IRC), is the domestic portion of federal statutory tax law in the United States. It is codified in statute as Title 26 of the United States Code. The IRC is organized topically into subtitles and sections, co ...
, 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 is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
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 The Committee on Education and Workforce is a standing committee of the United States House of Representatives. There are 45 members of this committee. Since 2025, the chair of the Education and Workforce committee is Republican Tim Walberg of ...
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 progr ...
. The House was scheduled to consider the bill under a
suspension of the rules In United States parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended. Explanation of use ...
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 "by 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 respondin ...
. On March 25, 2014, the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
passed the bill by
unanimous consent In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a propo ...
and President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
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 Jo Ann Emerson (née Hermann; born September 16, 1950) is an American politician who was the U.S. representative for from 1996 to 2013. The district consists of Southeast and South Central Missouri and includes the Bootheel, the Lead Belt and ...
, the CEO of the
National Rural Electric Cooperative Association The National Rural Electric Cooperative Association (NRECA) represents the interests of over 900 electric cooperatives in the United States. Cooperatives are not-for-profit and are owned by their membership. Founded in 1942, NRECA unites the coun ...
, "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 The bills of the 113th United States Congress list includes proposed federal laws that were introduced in the 113th United States Congress. This Congress lasted from January 3, 2013, to January 3, 2015. The United States Congress is the bicamer ...
*
Acts of the 113th United States Congress The acts of the 113th United States Congress includes all Act of Congress, Acts of Congress and Treaty, ratified treaties by the 113th United States Congress, which lasted from January 3, 2013 to January 3, 2015. Acts include Public law, public ...


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