Small immediate financial incentives for contributing to a plan

(a) In general Subparagraph (A) of section 401(k)(4) of the Internal Revenue Code of 1986 is amended by inserting (other than a de minimis financial incentive) after any other benefit. (b) Section 403(b) plans Subparagraph (A) of section 403(b)(12) of such Code, as amended by the preceding provisions of this Act, is amended by adding at the end the following: A plan shall not fail to satisfy clause (ii) solely by reason of offering a de minimis financial incentive to employees to elect to have the employer make contributions pursuant to a salary reduction agreement.. (c) Exemption from prohibited transaction rules Subsection (d) of section 4975 of such Code is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting, or, and by adding at the end the following new paragraph: (24) the provision of a de minimis financial incentive described in section 401(k)(4)(A).. (d) Amendment of employee retirement income security act of 1974 Subsection (b) of section 408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)) is amended by adding at the end the following new paragraph: (21) The provision of a de minimis financial incentive described in section 401(k)(4)(A) or section 403(b)(12)(A) of the Internal Revenue Code of 1986.. (e) Effective date The amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act.