ESOP amendments

(a) ERISA Subtitle B of title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1221 et seq.) is amended by adding at the end the following: 3 Special rules for employee stock ownership plans 3033. Special rules for employee stock ownership plans For purposes of the Internal Revenue Code of 1986, with respect to an employee stock ownership plan (as defined in section 407(d)(6))— (1) for purposes of applying section 404(a)(3)(A) of the Internal Revenue Code of 1986, the contributions taken into account for purposes of clause (i) thereof shall not include— (A) contributions of employer stock; or (B) contributions made to repay loans used to acquire employer securities; (2) the limitations of section 404 of such Code shall be applied separately to such plan and any other defined contribution plan of the employer; (3) in determining annual additions under section 415(c)(2) of such Code, employer contributions under subparagraph (A) thereof are determined without regard to— (A) contributions of employer stock; or (B) contributions made to repay loans used to acquire employer securities; and (4) for purposes of section 415 of such Code, forfeitures allocated to accounts under the plan shall not be taken into account as annual additions (as defined in section 415(c)(2) of such Code).. (b) IRC (1) In general Subparagraph (A) of section 404(a)(3) of the Internal Revenue Code is amended by adding at the end the following new clause: (vi) Exception for ESOPs In the case of an employee stock ownership plan (as defined in section 4975(e)(7)), the contributions taken into account for purposes of clause (i) shall not include— (I) contributions of employer stock, or (II) contributions made to repay loans used to acquire employer securities.. (2) Separate determination of limitations Subsection (a) of section 404 of the Internal Revenue Code is amended by adding at the end the following new paragraph: (13) Separate determination for ESOPs In the case of an employee stock ownership plan (as defined in section 4975(e)(7)), this section shall be applied separately to such plan and any other defined contribution plan of the employer.. (3) Determination of annual additions The second sentence of paragraph (2) of section 415(c) of the Internal Revenue Code is amended— (A) by striking 457(e)(16)) without regard and inserting 457(e)(16)) and without regard; and (B) by inserting, and in the case of an employee stock ownership plan (as defined in section 4975(e)(7)), employer contributions under subparagraph (A) are determined without regard to contributions of employer stock or contributions made to repay loans used to acquire employer securities before the period at the end. (4) Special rule Section 415 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (o) Special rule for ESOPs In the case of an employee stock ownership plan (as defined in section 4975(e)(7)), forfeitures allocated to accounts under the plan shall not be taken into account as annual additions.. (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act.