# Pub. L. 117-328: changes to the Internal Revenue Code 2022-12-29, 136 Stat. 5286. Source: . ## Legislative history - Bill: [H.R. 2617](https://www.congress.gov/bill/117th-congress/house-bill/2617) - Senate report: [S. Rept. 117-164](https://www.govinfo.gov/content/pkg/CRPT-117srpt164/html/CRPT-117srpt164.htm) - Bluebook: [JCT general explanation (2023)](https://www.govinfo.gov/app/details/CPRT-117JPRT53965) ## § 25B: Elective deferrals and IRA contributions by certain individuals - § 25B(d)(1): Pub. L. 117–328, § 103(e)(1), which directed the substitution of “the amount of contributions made before January 1, 2026” for “the sum of— ## § 38: General business credit - § 38(b)(41): Pub. L. 117–328 added par. (41). ## § 45AA: Military spouse retirement plan eligibility credit for small employers - Enacted 26 U.S.C. § 45AA. ## § 45E: Small employer pension plan startup costs - § 45E(d)(3)(A): Pub. L. 117–328, § 111(a), substituted “effective with respect to the eligible employer” for “effective”. - § 45E(e)(2): Pub. L. 117–328, § 102(c), amended par. (2) generally. Prior to amendment, text read as follows: “No deduction shall be allowed for that portion of the qualified startup costs paid or incurred for the taxable year which is equal to the credit determined under subsection (a).” - § 45E(e)(4): Pub. L. 117–328, § 102(a), added par. (4). - § 45E(f): Pub. L. 117–328, § 102(b), added subsec. (f). ## § 72: Annuities; certain proceeds of endowment and life insurance contracts - § 72(d)(3): Pub. L. 117–328, § 127(e)(3), added par. (3). - § 72(p)(6): Pub. L. 117–328, § 331(c)(1), added par. (6). - § 72(q)(2): Pub. L. 117–328, § 323(d)(2), added concluding provisions. - § 72(q)(3): Pub. L. 117–328, § 323(b), designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and cls. (i) and (ii) of former subpar. (B) as subcls. (I) and (II), respectively, of cl. (ii), and added subpar. (B). - § 72(t)(2)(A): Pub. L. 117–328, § 323(d)(1), added concluding provisions. - § 72(t)(2)(A)(ix): Pub. L. 117–328, § 333(a), added cl. (ix). - § 72(t)(2)(H)(v)(I): Pub. L. 117–328, § 311(a), substituted “may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make” for “may make”. - § 72(t)(2)(H)(vi)(IV): Pub. L. 117–328, § 401(b)(1), substituted “403(b)(7)(A)(i)” for “403(b)(7)(A)(ii)”. - § 72(t)(2)(I): Pub. L. 117–328, § 115(a), added subpar. (I). - § 72(t)(2)(J): Pub. L. 117–328, § 127(e)(2), added subpar. (J). - § 72(t)(2)(K): Pub. L. 117–328, § 314(a), added subpar. (K). - § 72(t)(2)(L): Pub. L. 117–328, § 326(a), added subpar. (L). - § 72(t)(2)(M): Pub. L. 117–328, § 331(a)(1), added subpar. (M). - § 72(t)(2)(N): Pub. L. 117–328, § 334(c), added subpar. (N). - § 72(t)(4)(C): Pub. L. 117–328, § 323(a), added subpar. (C). - § 72(t)(6): Pub. L. 117–328, § 332(b)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). - § 72(t)(8)(F): Pub. L. 117–328, § 331(b)(1), added subpar. (F). - § 72(t)(10): Pub. L. 117–328, § 308(b), substituted “and private sector firefighters” for “in governmental plans” in heading. - § 72(t)(10)(A): Pub. L. 117–328, § 329(a), substituted “age 50 or 25 years of service under the plan, whichever is earlier” for “age 50”. - § 72(t)(10)(A): Pub. L. 117–328, § 308(a), substituted “414(d)) or a distribution from a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) to an employee who provides firefighting services” for “414(d))”. - § 72(t)(10)(B)(i): Pub. L. 117–328, § 330(a), substituted “emergency medical services, or services as a corrections officer or as a forensic security employee providing for the care, custody, and control of forensic patients” for “or emergency medical services”. - § 72(t)(11): Pub. L. 117–328, § 331(a)(2), added par. (11). ## § 139C: Certain disability-related first responder retirement payments - Enacted 26 U.S.C. § 139C. ## § 170: Charitable, etc., contributions and gifts - § 170(f)(19): Pub. L. 117–328, § 605(b), added par. (19). - § 170(h)(7): Pub. L. 117–328, § 605(a)(1), added par. (7). ## § 219: Retirement savings - § 219(b)(5)(C)(iii): Pub. L. 117–328 added cl. (iii). ## § 223: Health savings accounts - § 223(c)(1)(B)(ii): Pub. L. 117–328, § 4151(b), which directed the substitution of “(in the case of months or plan years to which paragraph (2)(E) applies)” for “(in the case of plan years beginning on or before December 31, 2021, or in the case of months beginning after March 31, 2022, and before January 1, 2023)”, was executed by making the substitution for “(in the case of plan years beginning on or before December 31, 2021, or in the case of months beginning after March 31, 2022, and before January 1, 2023,)”, to reflect the probable intent of Congress. - § 223(c)(2)(E): Pub. L. 117–328, § 4151(a), substituted “In the case of—” and cls. (i) and (ii) for “In the case of plan years beginning on or before December 31, 2021, or in the case of months beginning after March 31, 2022, and before January 1, 2023,”. ## § 401: Qualified pension, profit-sharing, and stock bonus plans - § 401(a)(9)(B)(iv): Pub. L. 117–328, § 327(a), amended cl. (iv) generally. Prior to amendment, text read as follows: “If the designated beneficiary referred to in clause (iii)(I) is the surviving spouse of the employee— - § 401(a)(9)(B)(iv)(I): Pub. L. 117–328, § 107(b), substituted “the applicable age” for “age 72”. - § 401(a)(9)(C)(i)(I): Pub. L. 117–328, § 107(a), substituted “the applicable age” for “age 72”. - § 401(a)(9)(C)(ii)(I): Pub. L. 117–328, § 107(b), substituted “the applicable age” for “age 72”. - § 401(a)(9)(C)(v): Pub. L. 117–328, § 107(c), added cl. (v). - § 401(a)(9)(H)(iv)(II): Pub. L. 117–328, § 337(a), substituted “no beneficiary” for “no individual”. - § 401(a)(9)(H)(v): Pub. L. 117–328, § 337(b), inserted concluding provisions. - § 401(a)(9)(J): Pub. L. 117–328, § 201(a), added subpar. (J). - § 401(a)(31)(B)(ii): Pub. L. 117–328, § 304(a), substituted “$7,000” for “$5,000”. - § 401(a)(35): Pub. L. 117–328, § 123(a), added subpar. (I). - § 401(a)(39): Pub. L. 117–328, § 334(a), added par. (39). - § 401(b)(2): Pub. L. 117–328, § 317(a), inserted at end “In the case of an individual who owns the entire interest in an unincorporated trade or business, and who is the only employee of such trade or business, any elective deferrals (as defined in section 402(g)(3)) under a qualified cash or deferred arrangement to which the preceding sentence applies, which are made by such individual before the time for filing the return of such individual for the taxable year (determined without regard to any extensions) ending after or with the end of the plan’s first plan year, shall be treated as having been made before the end of such first plan year.” - § 401(b)(3): Pub. L. 117–328, § 316(a), added par. (3). - § 401(k)(2)(B)(i)(VII): Pub. L. 117–328, § 334(b)(1), added subcl. (VII). - § 401(k)(2)(D)(ii): Pub. L. 117–328, § 125(c), substituted “2” for “3”. - § 401(k)(4)(A): Pub. L. 117–328, § 113(a), inserted “(other than a de minimis financial incentive (not paid for with plan assets) provided to employees who elect to have the employer make contributions under the arrangement in lieu of receiving cash)” after “any other benefit”. - § 401(k)(11)(B)(i)(I): Pub. L. 117–328, § 117(g)(1), inserted before comma at end “(after the application of any election under section 408(p)(2)(E)(i)(II))”. - § 401(k)(11)(B)(i)(III), § 401(k)(11)(B)(i)(IV): Pub. L. 117–328, § 116(b)(2), (3), added subcl. (III), redesignated former subcl. (III) as (IV), and substituted “, (II), or (III)” for “or (II)” in subcl. (IV). - § 401(k)(11)(E): Pub. L. 117–328, § 117(g)(2), added subpar. (E). - § 401(k)(12)(G): Pub. L. 117–328, § 401(b)(2), substituted “the contribution requirements under subparagraph (B) or (C)” for “the requirements under subparagraph (A)(i)”. - § 401(k)(13)(D)(iv): Pub. L. 117–328, § 401(b)(3), substituted “and (G)” for “and (F)”. - § 401(k)(14)(C): Pub. L. 117–328, § 312(a), added subpar. (C). - § 401(k)(15)(B)(i): Pub. L. 117–328, § 125(a)(2)(B)(ii), in introductory provisions, inserted “, or by reason of such paragraph and section 202(c)(1)(B) of the Employee Retirement Income Security Act of 1974” after “paragraph (2)(D)(ii)”. - § 401(k)(15)(B)(i)(II): Pub. L. 117–328, § 401(a)(2)(A), substituted “paragraphs (2), (11), and (12) of subsection (m)” for “subsection (m)(2)”. - § 401(k)(15)(B)(iii): Pub. L. 117–328, § 401(a)(2)(B), substituted “under the plan” for “under the arrangement”. - § 401(k)(15)(B)(iv): Pub. L. 117–328, § 401(a)(2)(C), substituted “paragraph (2)(D)” for “section 410(a)(1)(A)(ii)”. - § 401(k)(16): Pub. L. 117–328, § 121(a), added par. (16). - § 401(m)(4)(A)(iii): Pub. L. 117–328, § 110(a), added cl. (iii). - § 401(m)(4)(D): Pub. L. 117–328, § 110(b), added subpar. (D). - § 401(m)(12)(B), § 401(m)(12)(C): Pub. L. 117–328, § 401(a)(1), added subpar. (B) and redesignated former subpar. (B) as (C). - § 401(m)(13), § 401(m)(14): Pub. L. 117–328, § 110(c), added par. (13) and redesignated former par. (13) as (14). ## § 402: Taxability of beneficiary of employees’ trust - § 402(c)(12): Pub. L. 117–328, § 301(b)(2), added par. (12). - § 402(c)(13): Pub. L. 117–328, § 331(b)(2), added par. (13). - § 402(g)(1): Pub. L. 117–328, § 603(b)(1), struck out subpar. (C). Text read as follows: “In addition to subparagraph (A), in the case of an eligible participant (as defined in section 414(v)), gross income shall not include elective deferrals in excess of the applicable dollar amount under subparagraph (B) to the extent that the amount of such elective deferrals does not exceed the applicable dollar amount under section 414(v)(2)(B)(i) for the taxable year (without regard to the treatment of the elective deferrals by an applicable employer plan under section 414(v)).” - § 402(h)(1)(C): Pub. L. 117–328, § 601(b)(1), added subpar. (C). - § 402(h)(3): Pub. L. 117–328, § 601(b)(2), inserted “(or section 408A(d) in the case of an individual retirement plan designated as a Roth IRA)” before period at end. - § 402(l)(5)(A): Pub. L. 117–328, § 328(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “Paragraph (1) shall only apply to a distribution if payment of the premiums is made directly to the provider of the accident or health plan or qualified long-term care insurance contract by deduction from a distribution from the eligible retirement plan.” ## § 402A: Optional treatment of elective deferrals as Roth contributions - § 402A(a): Pub. L. 117–328, § 604(a), added pars. (2) and (3) and redesignated former par. (2) as (4). - § 402A(b)(1): Pub. L. 117–328, § 604(b), inserted “, or to have made on the employee’s behalf,” after “elect to make” and “, or of matching contributions or nonelective contributions which may otherwise be made on the employee’s behalf,” after “otherwise eligible to make”. - § 402A(c)(1): Pub. L. 117–328, § 604(c), inserted “, matching contribution, or nonelective contribution” after “elective deferral” in introductory provisions. - § 402A(d)(5): Pub. L. 117–328, § 325(a), added par. (5). - § 402A(e): Pub. L. 117–328, § 127(e)(1), added subsec. (e). Former subsec. (e) redesignated (f). - § 402A(f): Pub. L. 117–328, § 127(e)(1), redesignated subsec. (e) as (f). - § 402A(f)(3): Pub. L. 117–328, § 604(d), added par. (3). ## § 403: Taxation of employee annuities - § 403(a)(6): Pub. L. 117–328, § 334(b)(2), added par. (6). - § 403(b)(7): Pub. L. 117–328, § 128(b), struck out “for regulated investment company stock” after “Custodial accounts” in heading. - § 403(b)(7)(A): Pub. L. 117–328, § 128(a), in introductory provisions, substituted “if the amounts are to be held in that custodial account and are invested in regulated investment company stock or a group trust intended to satisfy the requirements of Internal Revenue Service Revenue Ruling 81–100 (or any successor guidance)” for “if the amounts are to be invested in regulated investment company stock to be held in that custodial account”. - § 403(b)(7)(A)(i)(V): Pub. L. 117–328, § 602(b)(1), substituted “subject to the provisions of paragraph (17)” for “in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D))”. - § 403(b)(7)(A)(i)(VII): Pub. L. 117–328, § 334(b)(3), added subcl. (VII). - § 403(b)(7)(D): Pub. L. 117–328, § 312(b)(1), added subpar. (D). - § 403(b)(11): Pub. L. 117–328, § 602(b)(2)(B), in concluding provisions, struck out “Such contract may not provide for the distribution of any income attributable to such contributions in the case of hardship.” before “In determining”. - § 403(b)(11): Pub. L. 117–328, § 312(b)(2), in concluding provisions, inserted at end “In determining whether a distribution is upon hardship of an employee, the administrator of the plan may rely on a written certification by the employee that the distribution is on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy financial need and is not in excess of the amount required to satisfy such financial need, and that the employee has no alternative means reasonably available to satisfy such financial need. The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee’s certification, and for procedures for addressing cases of employee misrepresentation.” - § 403(b)(11)(B): Pub. L. 117–328, § 602(b)(2)(A), substituted “subject to the provisions of paragraph (17), in” for “in”. - § 403(b)(11)(E): Pub. L. 117–328, § 334(b)(4), added subpar. (E). - § 403(b)(12)(A): Pub. L. 117–328, § 125(a)(2)(B)(i), which directed that the “last sentence” of subpar. (A) be amended by inserting “and section 202(c) of the Employee Retirement Income Security Act of 1974” after “under section 410(b)(4)”, was executed by making the insertion after “under section 410(b)(4)” in what had been the last sentence of concluding provisions prior to amendments by Pub. L. 117–328, §§ 110(e), 113(b), to reflect the probable intent of Congress. See notes below. - § 403(b)(12)(A): Pub. L. 117–328, § 113(b), in concluding provisions, inserted at end “A plan shall not fail to satisfy clause (ii) solely by reason of offering a de minimis financial incentive (not derived from plan assets) to employees to elect to have the employer make contributions pursuant to a salary reduction agreement.” - § 403(b)(12)(A): Pub. L. 117–328, § 110(e), in concluding provisions, inserted at end “The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).” - § 403(b)(12)(D): Pub. L. 117–328, § 125(a)(2)(A), added subpar. (D). - § 403(b)(15): Pub. L. 117–328, § 106(a), added par. (15). - § 403(b)(16): Pub. L. 117–328, § 121(b), added par. (16). - § 403(b)(17): Pub. L. 117–328, § 602(a), added par. (17). ## § 408: Individual retirement accounts - § 408(b): Pub. L. 117–328, § 107(d), in concluding provisions, substituted “the applicable age (determined under section 401(a)(9)(C)(v) for the calendar year in which such taxable year begins)” for “age 72”. - § 408(d)(3)(G): Pub. L. 117–328, § 332(b)(2), substituted “72(t)(6)(A)” for “72(t)(6)”. - § 408(d)(8)(F): Pub. L. 117–328, § 307(a), added subpar. (F). - § 408(d)(8)(G): Pub. L. 117–328, § 307(b), added subpar. (G). - § 408(e)(2)(A)(iii): Pub. L. 117–328, § 322(a), added cl. (iii). - § 408(k)(7), § 408(k)(8), § 408(k)(9), § 408(k)(10): Pub. L. 117–328, § 601(b)(3), added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively. - § 408(o)(5)(A): Pub. L. 117–328, § 401(b)(4), substituted “section 219(b)” for “subsection (b)”. - § 408(p)(2)(A): Pub. L. 117–328, § 116(a)(2), inserted concluding provisions. - § 408(p)(2)(A)(iv): Pub. L. 117–328, § 116(a)(1), added cl. (iv). Former cl. (iv) redesignated (v). - § 408(p)(2)(A)(v): Pub. L. 117–328, § 116(b)(1), substituted “, (iii), or (iv)” for “or (iii)”. - § 408(p)(2)(A)(v): Pub. L. 117–328, § 116(a)(1), redesignated cl. (iv) as (v). - § 408(p)(2)(B)(iii): Pub. L. 117–328, § 117(d), added cl. (iii). - § 408(p)(2)(C)(ii)(I): Pub. L. 117–328, § 117(c)(1), substituted “Except as provided in subclause (IV), the term” for “The term”. - § 408(p)(2)(C)(ii)(II), § 408(p)(2)(C)(ii)(III): Pub. L. 117–328, § 117(c)(3), substituted “the applicable percentage” for “3 percent”. - § 408(p)(2)(C)(ii)(IV): Pub. L. 117–328, § 117(c)(2), added subcl. (IV). - § 408(p)(2)(E)(i), § 408(p)(2)(E)(ii), § 408(p)(2)(E)(iii): Pub. L. 117–328, § 117(a), substituted “dollar amount is—” and subcls. (I) to (III) for “amount is $10,000.” in cl. (i), added cl. (ii) and redesignated former cl. (ii) as (iii), and, in cl. (iii), designated existing provisions as subcl. (I), inserted subcl. heading, substituted “clause (i)(III)” for “clause (i)”, and added subcl. (II). - § 408(p)(2)(E)(iv): Pub. L. 117–328, § 117(f), added cl. (iv). - § 408(p)(2)(F): Pub. L. 117–328, § 110(d), added subpar. (F). - § 408(p)(2)(G): Pub. L. 117–328, § 116(a)(4), added subpar. (G). - § 408(p)(2)(H): Pub. L. 117–328, § 117(e), added subpar. (H). - § 408(p)(8): Pub. L. 117–328, § 116(a)(3), amended par. (8) generally. Prior to amendment, text read as follows: “In the case of any simple retirement account, subsections (a)(1) and (b)(2) shall be applied by substituting ‘the sum of the dollar amount in effect under paragraph (2)(A)(ii) of this subsection and the employer contribution required under subparagraph (A)(iii) or (B)(i) of paragraph (2) of this subsection, whichever is applicable’ for ‘the dollar amount in effect under section 219(b)(1)(A)’.” - § 408(p)(11): Pub. L. 117–328, § 332(a), added par. (11). - § 408(p)(12): Pub. L. 117–328, § 601(c)(1), added par. (12). ## § 408A: Roth IRAs - § 408A(c)(2)(A): Pub. L. 117–328, § 401(b)(5), struck out “(d)(1) or” before “(g) of such section”. - § 408A(c)(3)(E): Pub. L. 117–328, § 126(b)(2)(B), added subpar. (E). - § 408A(c)(5)(B): Pub. L. 117–328, § 126(b)(2)(A), designated existing provisions as cl. (i), inserted heading, and added cl. (ii). - § 408A(d)(2)(B): Pub. L. 117–328, § 601(d), inserted “, or employer in the case of a simple retirement account (as defined in section 408(p)) or simplified employee pension (as defined in section 408(k)),” after “individual’s spouse”. - § 408A(e)(1): Pub. L. 117–328, § 126(b)(1)(C), inserted at end of concluding provisions “The earnings and contributions of any qualified tuition program from which a qualified rollover contribution is made under subparagraph (C) shall be treated in the same manner as the earnings and contributions of a Roth IRA from which a qualified rollover contribution is made under subparagraph (A).” - § 408A(e)(1)(C): Pub. L. 117–328, § 126(b)(1)(A), (B), added subpar. (C). - § 408A(e)(3): Pub. L. 117–328, § 601(c)(2), added par. (3). - § 408A: Pub. L. 117–328, § 601(a), struck out subsec. (f). Text read as follows: “For purposes of this section— ## § 411: Minimum vesting standards - § 411(a)(11)(A): Pub. L. 117–328, § 304(a), substituted “$7,000” for “$5,000”. - § 411(b)(6): Pub. L. 117–328, § 348(a), added par. (6). ## § 414: Definitions and special rules - § 414(b): Pub. L. 117–328, § 315(a)(1), designated existing provisions as par. (1), inserted heading, and added par. (2). - § 414(m)(6)(B): Pub. L. 117–328, § 315(a)(2)(A), (B), designated existing provisions as cl. (i), inserted heading, and added cls. (ii) and (iii). - § 414(m)(6)(B)(i): Pub. L. 117–328, § 315(a)(2)(C), substituted “apply, except that community property laws shall be disregarded for purposes of determining ownership” for “apply”. - § 414(p)(1)(B): Pub. L. 117–328, § 339(a)(2), inserted concluding provisions. - § 414(p)(1)(B)(ii): Pub. L. 117–328, § 339(a)(1), inserted “or Tribal” after “State”. - § 414(v)(2)(B)(i): Pub. L. 117–328, § 109(a)(1), inserted before period at end “(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)”. - § 414(v)(2)(B)(ii): Pub. L. 117–328, § 117(b)(1)(A), substituted “except as provided in clause (iii), the applicable” for “the applicable”. - § 414(v)(2)(B)(ii): Pub. L. 117–328, § 109(a)(2), inserted before period at end “(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)”. - § 414(v)(2)(B)(iii): Pub. L. 117–328, § 117(b)(1)(B), added cl. (iii). - § 414(v)(2)(C): Pub. L. 117–328, § 117(b)(2), designated existing provisions as cl. (i), inserted heading, and added cl. (ii). - § 414(v)(2)(C): Pub. L. 117–328, § 109(c), inserted at end “In the case of a year beginning after December 31, 2025, the Secretary shall adjust annually the adjusted dollar amounts applicable under clauses (i) and (ii) of subparagraph (E) for increases in the cost-of-living at the same time and in the same manner as adjustments under the preceding sentence; except that the base period taken into account shall be the calendar quarter beginning July 1, 2024.” - § 414(v)(2)(E): Pub. L. 117–328, § 109(b), added subpar. (E). - § 414(v)(7): Pub. L. 117–328, § 603(a), added par. (7). - § 414(aa): Pub. L. 117–328, § 301(b)(1), added subsec. (aa). - § 414(bb): Pub. L. 117–328, § 320(b), added subsec. (bb). - § 414(cc): Pub. L. 117–328, § 350(a), added subsec. (cc). ## § 414A: Requirements related to automatic enrollment - Enacted 26 U.S.C. § 414A. ## § 415: Limitations on benefits and contribution under qualified plans - § 415(b)(12): Pub. L. 117–328 added par. (12). ## § 416: Special rules for top-heavy plans - § 416(c)(2)(C): Pub. L. 117–328, § 310(a), added subpar. (C). - § 416(g)(4)(H): Pub. L. 117–328, § 125(e), inserted “Such term shall not include a plan solely because such plan does not provide nonelective or matching contributions to employees described in section 401(k)(15)(B)(i).” before “If, but” in concluding provisions. - § 416(g)(4)(H): Pub. L. 117–328, § 121(c), substituted “arrangements or plans” for “arrangements” in heading and “and matching contributions with respect to which the requirements of paragraph (11), (12), or (13) of section 401(m) are met, or” for “, and” in cl. (i), added cl. (ii), and struck out former cl. (ii) which read as follows: “matching contributions with respect to which the requirements of section 401(m)(11) or 401(m)(12) are met.” ## § 420: Transfers of excess pension assets to retiree health accounts - § 420(b)(4): Pub. L. 117–328, § 606(a)(1), substituted “December 31, 2032” for “December 31, 2025”. - § 420(c)(3)(D): Pub. L. 117–328, § 606(a)(2)(B), substituted “5 taxable years (7 taxable years in the case of a transfer to which subsection (e)(7) applies)” for “5 taxable years”. - § 420(e)(7): Pub. L. 117–328, § 606(a)(2)(A), added par. (7). - § 420(f)(2)(B)(i): Pub. L. 117–328, § 606(a)(2)(C)(i), designated existing provisions as subcl. (I), inserted heading, substituted “subsection (e)(2)(B)” for “subsection (e)(2)”, and added subcl. (II). - § 420(f)(2)(D)(i)(I): Pub. L. 117–328, § 606(a)(2)(C)(ii), substituted “4th year (the 6th year in the case of a transfer to which subsection (e)(7) applies)” for “4th year”. ## § 457: Deferred compensation plans of State and local governments and tax-exempt organizations - § 457(b): Pub. L. 117–328, § 110(f), inserted at end of concluding provisions “A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13).” - § 457(b)(4): Pub. L. 117–328, § 306(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “which provides that compensation will be deferred for any calendar month only if an agreement providing for such deferral has been entered into before the beginning of such month,”. - § 457(d)(1)(A)(v): Pub. L. 117–328, § 334(b)(5), added cl. (v). - § 457(d)(4): Pub. L. 117–328, § 312(c), added par. (4). - § 457(e)(18)(A)(ii): Pub. L. 117–328, § 603(b)(2), inserted “the lesser of any designated Roth contributions made by the participant to the plan or” before “the applicable dollar amount”. ## § 529: Qualified tuition programs - § 529(c)(3)(E): Pub. L. 117–328, § 126(a), added subpar. (E). - § 529(d): Pub. L. 117–328, § 126(c), designated existing provisions as par. (1), inserted heading, substituted “by this paragraph” for “by this subsection”, and added par. (2). ## § 529A: Qualified ABLE programs - § 529A(e)(1)(A), § 529A(e)(2)(A)(i)(II): Pub. L. 117–328 substituted “age 46” for “age 26”. ## § 1042: Sales of stock to employee stock ownership plans or certain cooperatives - § 1042(c)(1)(A): Pub. L. 117–328, § 114(a), substituted “domestic corporation” for “domestic C corporation”. - § 1042: Pub. L. 117–328, § 114(b), added subsec. (h). ## § 3121: Definitions - § 3121(b)(5)(E): Pub. L. 117–328 inserted “or special trial judge” before “of the United States Tax Court”. ## § 3511: Certified professional employer organizations - § 3511(d)(2)(F), § 3511(d)(2)(G), § 3511(d)(2)(H), § 3511(d)(2)(I): Pub. L. 117–328 added subpar. (F) and redesignated former subpars. (F) to (H) as (G) to (I), respectively. ## § 4972: Tax on nondeductible contributions to qualified employer plans - § 4972(c)(6)(B): Pub. L. 117–328 substituted “408(p)),” for “408(p)) or” and inserted “, or a simplified employee pension (within the meaning of section 408(k))” after “401(k)(11))”. ## § 4973: Tax on excess contributions to certain tax-favored accounts and annuities - § 4973(b): Pub. L. 117–328 inserted at end of concluding provisions: “Such term shall not include any designated nondeductible contribution (as defined in subparagraph (C) of section 408(o)(2)) which does not exceed the nondeductible limit under subparagraph (B) thereof by reason of an election under section 408(o)(5).” ## § 4974: Excise tax on certain accumulations in qualified retirement plans - § 4974(a): Pub. L. 117–328, § 302(a), substituted “25 percent” for “50 percent”. - § 4974(e): Pub. L. 117–328, § 302(b), added subsec. (e). ## § 4975: Tax on prohibited transactions - § 4975(d)(24): Pub. L. 117–328, § 113(c), added par. (24). - § 4975(d)(25): Pub. L. 117–328, § 120(a), added par. (25). - § 4975(f)(12): Pub. L. 117–328, § 120(b), added par. (12). ## § 6050Z: Reports relating to long-term care premium statements - Enacted 26 U.S.C. § 6050Z. ## § 6057: Annual registration, etc. - § 6057(g), § 6057(h): Pub. L. 117–328 added subsec. (g) and redesignated former subsec. (g) as (h). ## § 6058: Information required in connection with certain plans of deferred compensation - § 6058(f), § 6058(g): Pub. L. 117–328 added subsec. (f) and redesignated former subsec. (f) as (g). ## § 6211: Definition of a deficiency - § 6211(b)(4)(A): Pub. L. 117–328 substituted “7527A, and 6433” for “and 7527A”. ## § 6433: Saver’s Match - Enacted 26 U.S.C. § 6433. ## § 6501: Limitations on assessment and collection - § 6501(l)(4): Pub. L. 117–328 added par. (4). ## § 6662: Imposition of accuracy-related penalty on underpayments - § 6662(b)(10): Pub. L. 117–328, § 605(a)(2)(A), added par. (10). - § 6662(h)(2)(D): Pub. L. 117–328, § 605(a)(2)(B), added subpar. (D). ## § 6664: Definitions and special rules - § 6664(c)(2): Pub. L. 117–328 inserted “or to any disallowance of a deduction described in section 6662(b)(10)” before period at end. ## § 6724: Waiver; definitions and special rules - § 6724(d)(1)(B)(xxviii): Pub. L. 117–328, § 334(d)(2)(A), added cl. (xxviii). - § 6724(d)(2)(JJ), § 6724(d)(2)(LL): Pub. L. 117–328, § 334(d)(2)(B), redesignated subpar. (JJ) relating to section 6050Y as subpar. (KK) and added subpar. (LL). - § 6724(g): Pub. L. 117–328, § 323(c), added subsec. (g). ## § 6751: Procedural requirements - § 6751(b)(2)(A): Pub. L. 117–328 substituted “paragraph (9) or (10) of subsection (b)” for “subsection (b)(9)”. ## § 7447: Retirement - § 7447(g)(2)(C): Pub. L. 117–328, § 701(c)(1)(A), substituted “sections 8331(8) and 8401(19)” for “section 8331(8)”. - § 7447(i)(2): Pub. L. 117–328, § 701(c)(1)(B), substituted “Office of Personnel Management” for “Civil Service Commission” in two places. - § 7447(j)(3)(B): Pub. L. 117–328, § 701(a)(1), amended subpar. (B) generally. Prior to amendment, text read as follows: “No contributions may be made for the benefit of a judge under section 8432(c) of title 5, United States Code.” - § 7447(j)(3)(F): Pub. L. 117–328, § 701(a)(2), added subpar. (F). - § 7447(k): Pub. L. 117–328, § 701(d)(1), added subsec. (k). ## § 7447A: Retirement for special trial judges - Enacted 26 U.S.C. § 7447A. ## § 7448: Annuities to surviving spouses and dependent children of judges and special trial judges - § 7448(a)(10): Pub. L. 117–328, § 701(b)(2), added par. (10). - § 7448(b)(2): Pub. L. 117–328, § 702(b)(2), amended par. (2) generally. Prior to amendment, text read as follows: “Any special trial judge may by written election filed with the chief judge bring himself or herself within the purview of this section. Such election shall be filed not later than the later of 6 months after— - § 7448(d): Pub. L. 117–328, § 701(c)(2)(A), substituted “sections 8332 and 8411” for “section 8332”. - § 7448(h): Pub. L. 117–328, § 701(b)(1), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to surviving spouses and dependent children’s entitlement to annuity. - § 7448(i): Pub. L. 117–328, § 701(b)(3), substituted “by chief judge” for “of dependency and disability” in heading, designated existing provisions as par. (1) and inserted heading, and added par. (2). - § 7448(m): Pub. L. 117–328, § 701(b)(4), amended subsec. (m) generally. Prior to amendment, text read as follows: “The annuity of the surviving spouse of a judge or special trial judge electing under subsection (b) shall be an amount equal to the sum of (1) 1.5 percent of the average annual salary (whether judge’s or special trial judge’s salary or compensation for other allowable service) received by such judge or special trial judge for judicial service (including periods in which he received retired pay under section 7447(d) or any annuity under chapter 83 or 84 of title 5, United States Code) or for any other prior allowable service during the period of 3 consecutive years in which he received the largest such average annual salary, multiplied by the sum of his years of such judicial service, his years of prior allowable service as a Senator, Representative, Delegate, or Resident Commissioner in Congress, his years of prior allowable service performed as a member of the Armed Forces of the United States, and his years, not exceeding 15, of prior allowable service performed as a congressional employee (as defined in section 2107 of title 5 of the United States Code), and (2) three-fourths of 1 percent of such average annual salary multiplied by his years of any other prior allowable service, except that such annuity shall not exceed an amount equal to 50 percent of such average annual salary, nor be less than an amount equal to 25 percent of such average annual salary, and shall be further reduced in accordance with subsection (d) (if applicable). In determining the period of 3 consecutive years referred to in the preceding sentence, there may not be taken into account any period for which an election under section 7447(f)(4) is in effect.” - § 7448(n): Pub. L. 117–328, § 701(c)(2)(B), substituted “sections 8332 and 8411” for “section 8332”. - § 7448(u): Pub. L. 117–328, § 701(b)(5), added subsec. (u).