S2403
Held at the desk
Retire through Ownership Act
- Federal
- Senate
- Introduced Jul 23, 2025
- Session 119
Bill Text
Version ESThis Act may be cited as the Retire through Ownership Act.
Section 3(18) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(18)) is amended—
by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
by inserting (A) before The term; and
by adding at the end the following:
For purposes of clause (ii) of subparagraph (A), a fiduciary of an employee stock ownership plan (as defined in section 407(d)(6)) may make a good faith reliance on a valuation provided by an independent valuation expert or business appraiser that has relied upon the principles and methodologies set forth in Internal Revenue Service Revenue Ruling 59–60 (as amplified and modified by the Internal Revenue Service from time to time) in determining the fair market value of an asset described in such clause.
Clause (i) shall not be interpreted to—
preclude the Secretary from promulgating, in accordance with section 553 of title 5, United States Code, any regulation interpreting such clause;
expand the regulatory authority of the Secretary with respect to the term adequate consideration beyond such authority available to the Secretary on the day before the date of enactment of the Retire through Ownership Act; or
modify a fiduciary's obligations under section 404.
The amendments made by subsection (a) shall apply with respect to determinations described in section 3(18)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(18)(B)) (as added by such subsection) that are made on or after the date of enactment of this Act.
Section 3(18) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(18)) is amended—
by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
by inserting (A) before The term; and
by adding at the end the following:
For purposes of clause (ii) of subparagraph (A), a fiduciary of an employee stock ownership plan (as defined in section 407(d)(6)) may make a good faith reliance on a valuation provided by an independent valuation expert or business appraiser that has relied upon the principles and methodologies set forth in Internal Revenue Service Revenue Ruling 59–60 (as amplified and modified by the Internal Revenue Service from time to time) in determining the fair market value of an asset described in such clause.
Clause (i) shall not be interpreted to—
preclude the Secretary from promulgating, in accordance with section 553 of title 5, United States Code, any regulation interpreting such clause;
expand the regulatory authority of the Secretary with respect to the term adequate consideration beyond such authority available to the Secretary on the day before the date of enactment of the Retire through Ownership Act; or
modify a fiduciary's obligations under section 404.
The amendments made by subsection (a) shall apply with respect to determinations described in section 3(18)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(18)(B)) (as added by such subsection) that are made on or after the date of enactment of this Act.
Legislative Timeline
11 actions-
Received in the House.
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Held at the desk.
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Message on Senate action sent to the House.
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Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
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Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7103; text: CR S7103)
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Committee on Health, Education, Labor, and Pensions. Reported by Senator Cassidy with an amendment in the nature of a substitute. Without written report.
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Committee on Health, Education, Labor, and Pensions. Reported by Senator Cassidy with an amendment in the nature of a substitute. Without written report.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.
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Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
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Introduced in Senate
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.