,,ii #aafth ,,congress #b;d ,session ,s4 #ejfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjbj ,mr4 ,grassley 7for himself1 ,ms4 ,hassan1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to increase retirement savings1 to improve retirement plan administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,access to ,retirement ,savings ,act4 #b4 ,multiple employer #djc7;b7 plans 7a7 ,in general ,section #djc7;b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#ae7 ,multiple employer plans 7,a7 ,in general ,except in the case of a church plan1 this subsection shall not be treated as failing to apply to an annuity contract solely by reason of such contract being purchased under a plan maintained by more than #a employer4 7,b7 ,treatment of employers failing to meet requirements of plan 7i7 ,in general ,in the case of a plan maintained by more than #a employer1 this subsection shall not be treated as failing to apply to an annuity contract held under such plan merely because of #a or more employers failing to meet the requirements of this subsection1 if such plan satisfies rules similar to the rules of section #dac7;e77#b7 with respect to any such employer failure4 7ii7 ,additional requirements in case of non-governmental plans ,a plan shall not be treated as meeting the requirements of this subsection unless the plan meets the requirements of subparagraph 7,a7 or 7,b7 of section #dac7;e77#a71 except in the case of a multiple employer plan maintained solely by a ,state1 a political subdivision of a ,state1 or an agency or instrumentality thereof4 4 7b7 ,annual registration for #djc7;b7 multiple employer plan ,section #fjeg of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 #djc7;b7 multiple employer plans treated as #a plan ,in the case of annuity contracts to which this section applies and to which section #djc7;b7 applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph 7#ae7 thereof1 such plan shall be treated as a single plan for purposes of this section4 4 7c7 ,annual information returns for #djc7;b7 multiple employer plan ,section #fjeh of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7f7 as subsection 7g7 and by inserting after subsection 7e7 the following new subsection3 7f7 #djc7;b7 multiple employer plans treated as #a plan ,in the case of annuity contracts to which this section applies and to which section #djc7;b7 applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph 7#ae7 thereof1 such plan shall be treated as a single plan for purposes of this section4 4 7d7 ,amendments to ,employee ,retirement ,income ,security ,act of #aigd 7#a7 ,treated as pooled employer plan 7,a7 ,in general ,section #c7dc77;,a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7dc77;,a77 is amended-- 7i7 in clause 7ii71 by striking section #eja7;a7 of such ,code or and inserting #eja7;a7 of such ,code1 a plan that consists of contracts described in section #djc7;b7 of such ,code1 or2 and 7ii7 in the flush text at the end1 by striking the plan4 and inserting the plan1 but such term shall include any program 7other than a governmental plan7 maintained for the benefit of the employees of more than #a employer that consists of contracts described in section #djc7;b7 of such ,code and that meets the requirements of subparagraph 7,a7 or 7,b7 of section #dac7;e77#a7 of such ,code44 7,b7 ,conforming amendments ,paragraphs 7#dc77;,b77v77,,ii7 and 7#dd77;,a77i77,i7 of section #c of such ,act 7#bi ,u4,s4,c4 #ajjb7 are each amended by striking section #dja7;a7 of such ,code or and inserting #dja7;a7 of such ,code1 a plan that consists of contracts described in section #djc7;b7 of such ,code1 or4 7#b7 ,fiduciaries ,section #c7dc77;,b77ii7 of such ,act 7#bi ,u4,s4,c4 #ajjb7dc77;,b77ii77 is amended-- 7,a7 by striking trustees meeting the requirements of section #djh7;a77#b7 of the ,internal ,revenue ,code of #aihf and inserting trustees 7or other fiduciaries in the case of a plan that consists of contracts described in section #djc7;b7 of the ,internal ,revenue ,code of #aihf7 meeting the requirements of section #djh7;a77#b7 of such ,code2 and 7,b7 by striking holding and inserting holding 7or causing to be held under the terms of a plan consisting of such contracts74 7e7 ,regulations relating to plan termination ,the ,secretary of the ,treasury 7or the ,secretary's designee7 shall prescribe such regulations as may be necessary to clarify the treatment of a plan termination by an employer in the case of plans to which section #djc7;b77#ae7 of the ,internal ,revenue ,code of #aihf applies4 7f7 ,modification of model plan language 7#a7 ,plan notifications ,the ,secretary of the ,treasury 7or the ,secretary's designee7 shall modify the model plan language published under section #dac7;e77#e7 of the ,internal ,revenue ,code of #aihf to include language which notifies participating employers which are exempt from tax under section #eja7;a7 of such ,code that the plan is subject to the ,employee ,retirement ,income ,security ,act of #aigd and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and1 as such1 has certain fiduciary duties with respect to the plan and to its employees4 7#b7 ,model plans for multiple employer #djc7;b7 non-governmental plans ,for plans to which section #djc7;b77#ae77;,a7 of the ,internal ,revenue ,code of #aihf applies 7other than a plan maintained for its employees by a ,state1 a political subdivision of a ,state1 or an agency or instrumentality thereof7 the ,secretary shall publish model plan language similar to model plan language published under section #dac7;e77#e7 of such ,code4 7g7 ,no inference with respect to church plans ,regarding any application of section #djc7;b7 of the ,internal ,revenue ,code of #aihf to an annuity contract purchased under a church plan 7as defined in section #dad7;e7 of such ,code7 maintained by more than #a employer1 or to any application of rules similar to section #dac7;e7 of such ,code to such a plan1 no inference shall be drawn solely because section #djc7;b77#ae77;,a7 of such ,code 7as added by this ,act7 does not apply to such plans4 7h7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbj4 7#b7 ,rule of construction ,nothing in the amendments made by subsection 7a7 shall be construed as limiting the authority of the ,secretary of the ,treasury or the ,secretary's delegate 7determined without regard to such amendment7 to provide for the proper treatment of a failure to meet any requirement applicable under the ,internal ,revenue ,code of #aihf with respect to one employer 7and its employees7 in the case of a plan to which section #djc7;b77#ae7 applies4 #c4 ,safe harbor for corrections of employee elective deferral failures 7a7 ,in general ,section #dad of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7aa7 ,correcting automatic contribution errors 7#a7 ,in general ,any plan or arrangement shall not fail to be treated as a plan described in section #dja7;a71 #djc7;b71 #djh1 or #deg7;b71 as applicable1 solely by reason of a corrected error4 7#b7 ,corrected error ,for purposes of this subsection1 the term corrected error means a reasonable administrative error in implementing an automatic enrollment or automatic escalation feature in accordance with the terms of an eligible automatic contribution arrangement 7as defined under subsection 7w77#c771 provided that such implementation error-- 7,a7 is corrected by the date which is #i months after the end of the plan year during which the failure occurred1 7,b7 is corrected in a manner which is favorable to the participant1 and 7,c7 is of a type which is so corrected for all similarly situated participants in a nondiscriminatory manner4 ,such correction may occur before or after the participant has terminated employment and may occur without regard to whether the error is identified by the ,secretary4 7#c7 ,regulations and guidance for favorable correction methods ,the ,secretary shall1 by regulations or other guidance of general applicability1 specify the correction methods which are in a manner favorable to the participant for purposes of paragraph 7#b77;,b74 4 7b7 ,effective date ,the amendment made by this section shall apply to the correction of any error with respect to which the date described in section #dad7;aa77#b77;,a7 of the ,internal ,revenue ,code of #aihf 7as added by this section7 is after the date of enactment of this ,act4 #d4 ,application of credit for small employer pension plan startup costs to employers which join an existing plan 7a7 ,in general ,section #de;,e7d77#c77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking effective and inserting effective with respect to the eligible employer4 7b7 ,effective date ,the amendment made by this section shall apply to eligible employer plans which become effective with respect to the eligible employer after the date of the enactment of this ,act4