Last progress June 10, 2025 (5 months ago)
Introduced on June 10, 2025 by Tim Scott
Read twice and referred to the Committee on Finance.
This bill lets companies move “extra” money from certain benefit plans to help pay for current workers’ benefits, with guardrails to protect employees and retirees. It allows transfers of extra funds from retiree health accounts into the pension plan (or to a VEBA in limited cases) to support active employee benefits, and it allows transfers of surplus money from a traditional pension into a 401(k)-style plan, when certain protections are met . These transfers are not counted as employer income and aren’t treated as a prohibited transaction or an employer “reversion,” but employers cannot take a tax deduction for the transferred amounts or for benefits paid from them . Employees must get a notice at least 60 days before a transfer of retiree health assets, and only one such transfer can happen per plan each year .
“Extra” retiree health assets means more than 125% of the employer’s expected retiree health costs; recent contributions and post‑2023 benefit cuts can’t be used to create “extra” funds. If a pension plan is terminating, all retiree health account assets count as extra and may be transferred, mainly back into the pension plan or, in limited cases, to a VEBA to pay allowed benefits for members other than certain key employees . For pension-to-401(k) transfers, “surplus” means the pension has more than 110% of the liabilities used for federal premiums. All pension benefits must become fully vested as if the plan had ended, and benefits in the replacement plan cannot be reduced for several years after the transfer . Transferred assets are treated as part of the plan for funding calculations under pension rules .
| Who is affected | What changes | When |
|---|---|---|
| Employers with pension and retiree health plans; employees and retirees in those plans | Employers can move extra retiree health funds to support current employee benefits (mostly into the pension plan or, in limited cases, to a VEBA), with advance notice and one transfer per year; transfers aren’t employer income and aren’t prohibited transactions; no tax deduction for transferred amounts. “Extra” means over 125% of expected retiree health costs, excluding recent contributions and certain benefit cuts . | For these retiree health asset transfers: taxable years after Dec. 31, 2024 . |
| Employers with traditional pensions and a 401(k)-style plan; affected employees | Employers can move pension surplus to a 401(k)-style plan if protections apply: surplus is over 110% of liabilities; all pension benefits vest; and benefits in the new plan aren’t reduced for several years. Transfer isn’t employer income and no deduction is allowed; not treated as a reversion . | For these pension-to-401(k) transfers: plan years after Dec. 31, 2025 . |