,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #egib  ,,in ,,the ,,house ,,of  
,,representatives  ,december #d1 #bjad  
,mr4 ,kind 7for himself1 ,mr4 ,neal1 and
 ,mr4 ,gerlach7 introduced the following
 bill2 which was referred to the        
,committee on ,education and the        
,workforce1 and in addition to the      
,committee on ,ways and ,means1 for a   
period to be subsequently determined by 
the ,speaker1 in each case for          
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
establish a special rule for determining
 normal retirement age for certain      
existing defined benefit plans4  #a4    
,clarification of the normal retirement 
age  7a7 ,amendments to ,,erisa ,section
 #bjd of the ,employee ,retirement      
,income ,security ,act of #aigd is      
amended by redesignating subsection 7k7 
as subsection 7l7 and by inserting after
 subsection 7j7 the following new       
subsection3  7k7 ,special rule for      

determining normal retirement age for   
certain existing defined benefit plans  
7#a7 ,in general ,for purposes of       
section #c7bd71 an applicable plan shall
 not be treated as failing to meet any  
requirement of this title1 or as failing
 to have a uniform normal retirement age
 for purposes of this title1 solely     
because the plan has adopted the normal 
retirement age described in paragraph   
7#b74  7#b7 ,applicable plan ,for       
purposes of this subsection--  7,a7 ,in 
general ,the term applicable plan means 
a defined benefit plan that1 on or      
before the date of the introduction of  
this subsection1 has adopted a normal   
retirement age which is the earlier of--
  7i7 an age otherwise permitted under  
section #c7bd71 or  7ii7 the age at     
which a participant completes the number
 of years 7not less than #cj years7 of  
benefit accrual service specified by the
 plan4  ,a plan shall not fail to be    
treated as an applicable plan solely    
because1 as of such date1 the normal    

retirement age described in the         
preceding sentence only applied to      
certain participants or to certain      
employers participating in the plan4    
7,b7 ,expanded application ,subject to  
subparagraph 7,c71 if1 after the date   
described in subparagraph 7,a71 an      
applicable plan expands the application 
of the normal retirement age described  
in subparagraph 7,a7 to additional      
participants or participating employers1
 such plan shall be treated as an       
applicable plan also with respect to    
such participants or participating      
employers4  7,c7 ,limitation on expanded
 application ,a defined benefit plan    
shall be an applicable plan only with   
respect to an individual who--  7i7 is a
 participant in the plan on or before   
,january #a1 #bjag1 or  7ii7 is an      
employee at any time on or before       
,january #a1 #bjag of any employer      
participating in the plan1 and who      
becomes a participant in such plan after
 such date4  4  7b7 ,amendment to #aihf 

,code ,section #daa of the ,internal    
,revenue ,code of #aihf is amended by   
adding at the end the following new     
subsection3  7f7 ,special rule for      
determining normal retirement age for   
certain existing defined benefit plans  
7#a7 ,in general ,for purposes of       
subsection 7a77#h71 an applicable plan  
shall not be treated as failing to meet 
any requirement of this subchapter1 or  
as failing to have a uniform normal     
retirement age for purposes of this     
subchapter1 solely because the plan has 
adopted the normal retirement age       
described in paragraph 7#b74  7#b7      
,applicable plan ,for purposes of this  
subsection--  7,a7 ,in general ,the term
 applicable plan means a defined benefit
 plan that1 on or before the date of the
 introduction of this subsection1 has   
adopted a normal retirement age which is
 the earlier of--  7i7 an age otherwise 
permitted under subsection 7a77#h71 or  
7ii7 the age at which a participant     
completes the number of years 7not less 

than #cj years7 of benefit accrual      
service specified by the plan4  ,a plan 
shall not fail to be treated as an      
applicable plan solely because1 as of   
such date1 the normal retirement age    
described in the preceding sentence only
 applied to certain participants or to  
certain employers participating in the  
plan4  7,b7 ,expanded application       
,subject to subparagraph 7,c71 if1 after
 the date described in subparagraph     
7,a71 an applicable plan expands the    
application of the normal retirement age
 described in subparagraph 7,a7 to      
additional participants or participating
 employers1 such plan shall be treated  
as an applicable plan also with respect 
to such participants or participating   
employers4  7,c7 ,limitation on expanded
 application ,a defined benefit plan    
shall be an applicable plan only with   
respect to an individual who--  7i7 is a
 participant in the plan on or before   
,january #a1 #bjag1 or  7ii7 is an      
employee at any time on or before       

,january #a1 #bjag1 of any employer     
participating in the plan1 and who      
becomes a participant in such plan after
 such date4  4  7c7 ,effective date ,the
 amendments made by this section shall  
apply to all periods before1 on1 and    
after the date of enactment of this     
,act4