S 4808 · 117th Congress 2021โ€“2023, ended

EARN Act

Latest action · Sep 8, 2022 Placed on Senate Legislative Calendar under General Orders. Calendar No. 480.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 8, 2022
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Enhancing American Retirement Now Act or the EARN Act

This bill revises or establishes new tax provisions relating to retirement plans for individuals, retirees, public safety officers and military personnel, disaster relief, and employer plans.

The bill revises various provisions relating to individual retirement plans, including provisions to (1) establish a safe harbor for automatic enrollment plans; (2) allow a refundable income tax credit, up to $1,000, for retirement savings contributions; (3) allow penalty-free withdrawals from plans for emergency expenses; (4) modify age requirements for catch-up provisions; (5) allow penalty free withdrawals from plans in domestic abuse cases; (6) allow transfers of plans (portability); and (7) modify the age requirement for ABLE programs for disabled individuals.

The bill makes changes to plans for retirees, including by (1) increasing the age for the start of mandatory plan distributions, (2) reducing the excise tax on certain accumulations in qualified retirement plans, (3) recovering retirement plan overpayments, (4) modifying certain Roth IRA distribution requirements, and (5) allowing plan distributions for individuals with a terminal illness.

The bill modifies provisions relating to retirement plans of public safety offices and military personnel. It allows (1) small employers a tax credit for establishing military spouse retirement plans, (2) penalty-free distributions to firefighters, (3) a tax exclusion for certain disability-related payment for first responders, and (4) an exemption from the early withdrawal penalty for distributions to certain state and local corrections employees.

The bill establishes special tax rules for the use of retirement funds for federally declared disasters.

The bill also modifies or establishes requirements relating to employer plans, including (1) allowing a tax credit for small employers with respect to safe harbor requirements for retirement plans, (2) increasing the credit limitation for small employer pension plan startup costs, (3) reforming family attribution rules, (4) providing for starter 401(k) plans for employers with no retirement plan, (5) allowing a tax credit for small employers that adopt an automatic portability arrangement, (6) modifying Internal Revenue Service mortality tables, (7) extending the period for transferring excess pension assets to retiree health accounts, and (8) deferring the tax on certain sales of employer stock to employee stock ownership plans sponsored by S corporations.

The bill modifies provisions relating to the retirement of U.S. Tax Court judges, including participation in the Thrift Savings Plan.

Cosponsors

Members who signed on, in the order they did.

No cosponsors are on file for this measure.

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateFinance Committee
Reported as an original measure Sep 8, 2022

Actions 3

Everything that happened, newest first.

  1. Sep 8, 2022Introduced in Senate
  2. Sep 8, 2022Committee on Finance. Original measure reported to Senate by Senator Wyden. With written report No. 117-142.
  3. Sep 8, 2022Placed on Senate Legislative Calendar under General Orders. Calendar No. 480.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Sep 23, 2022S. 4808, Enhancing American Retirement Now ActAs reported by the Senate Committee on Finance on September 8, 2022

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
IN12054The Tax Deduction for Conservation Easement Contributions ArchivedInsightNov 29, 2022

Related bills 24

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 331ABLE Age Adjustment ActRelated billFeb 22, 2021
S 1143No TikTok on Government Devices ActRelated billDec 15, 2022
HR 1219ABLE Age Adjustment ActRelated billFeb 23, 2021
S 1272SIMPLE Plan Modernization ActRelated billApr 21, 2021
HR 1453Military Spouses Retirement Security ActRelated billMar 1, 2021
S 1870Enhancing Emergency and Retirement Savings Act of 2021Related billMay 27, 2021
S 1889Kathryn Manginelli Act of 2021Related billMay 27, 2021
S 2256Charitable Conservation Easement Program Integrity Act of 2021Related billJun 24, 2021
S 2583A bill to amend the Internal Revenue Code of 1986 to provide for rules for the use of retirement funds in connection with federally declared disasters.Related billAug 3, 2021
HR 2909To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.Related billApr 30, 2021
HR 2917Retirement Parity for Student Loans Act of 2021Related billApr 30, 2021
HR 2943To amend the Internal Revenue Code of 1986 to allow retroactive elective deferrals for owners of unincorporated businesses in the case of a plan adopted after the close of the taxable year and before the time for filing the return of tax.Related billApr 30, 2021
HR 2951To direct the Secretary of the Treasury to modify Treasury Regulations relating to insurance-dedicated exchange-traded funds.Related billApr 30, 2021
HR 2953SAFER ActRelated billMay 4, 2021
S 3993SAFER ActRelated billApr 5, 2022
S 4024State and Local Corrections Officer Retirement Fairness Act of 2022Related billApr 7, 2022
HR 4164Charitable Conservation Easement Program Integrity Act of 2021Related billJun 24, 2021
S 4312Police and Fire Health Care Protection Act of 2022Related billMay 25, 2022
S 4406Advancing Auto-Portability Act of 2022Related billJun 15, 2022
S 5125Family Attribution Modernization ActRelated billNov 17, 2022
HR 6241To amend the Internal Revenue Code of 1986 to provide for rules for the use of retirement funds in connection with federally declared disasters.Related billDec 9, 2021
HR 7146Enhancing Emergency and Retirement Savings Act of 2022Related billMar 17, 2022
HR 8986State and Local Corrections Officer Retirement Fairness Act of 2022Related billSep 26, 2022
HR 9252Advancing Auto-Portability Act of 2022Related billOct 28, 2022

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced
An original bill to amend the Internal Revenue Code of 1986 to reform retirement provisions, and for other purposes.
Short Title(s) as Introduced
EARN Act
Enhancing American Retirement Now Act
Short Title(s) as Reported to Senate
EARN Act
Enhancing American Retirement Now Act

Subjects

Assigned by the Library of Congress. Policy area: Taxation.

Text 1

Each version as it was printed, newest first.

  1. Sep 8, 2022Reported to Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.