II. Explanation of the Bill
N. Amendment to Title XV of the 1997 Act Relating to Pensions and Employee
Benefits
1. Treatment of certain disability payments to public safety employees (Sec.
6015(c) of the Bill, Sec. 1529 of the 1997 Act, and Sec. 104 of the Code)
Present Law
Under present law, certain payments made on behalf of full-time employees of any police
or fire department organized and operated by a State (or any political subdivision, agency, or
instrumentality thereof) are excludable from income. This treatment applies to payments made on
account of heart disease or hypertension of the employee and that were received in 1989, 1990, or
1991 pursuant to a State law as amended on May 19, 1992, which irrebuttably presumed that heart
disease and hypertension are work-related illnesses (but only for employees separating from
service before July 1, 1992). Claims for refund or credit for overpayments resulting from the
provision may be filed up to 1 year after August 5, 1997, without regard to the otherwise
applicable statute of limitations.
Explanation of Provision
In order to address problems taxpayers are encountering with the IRS in seeking refunds
under the present-law provision, the bill clarifies the scope of the provision.
The bill provides that payments made on account of heart disease or hypertension of the
employee and that were received in 1989, 1990, or 1991 pursuant to a State law as described under
present law, or received by an individual referred to in such State law under any other statute,
ordinance, labor agreement, or similar provision as a disability pension payment or in the nature of
a disability pension payment attributable to employment as a police officer or as a fireman will be
excludable from income.
Effective Date
The provision is effective as if included in the Taxpayer Relief Act.
O. Amendments to Title XVI of the 1997 Act Relating to Technical Corrections
1. Application of requirements for SIMPLE IRAs in the case of mergers and
acquisitions (Sec. 6016(a)(1) of the Bill, Sec. 1601(d)(1) of the 1997 Act, and
Sec. 408(p)(2) of the Code)
Present Law
If an employer maintains a qualified plan and a SIMPLE IRA in the same year due to an
acquisition, disposition or similar transaction the SIMPLE IRA is treated as a qualified salary
reduction arrangement for the year of the transaction and the following calendar year provided rules
similar to the special coverage rules of section 410(b)(6)(C) apply. There is a similar provision
with respect to an employer who, because of an acquisition, disposition or similar transaction, fails
to be an eligible employer because such employer employs more than 100 employees. In this
situation, the employer is treated as an eligible employer for two years following the transaction
provided rules similar to the coverage rules of section 410(b)(6)(C)(i) apply.
Explanation of Provision
The bill conforms the treatment applicable to SIMPLE IRAs upon acquisition, disposition
or similar transaction for purposes of (1) the 100 employee limit, (2) the exclusive plan
requirement, and (3) the coverage rules for participation. In the event of such a transaction, the
employer will be treated as an eligible employer and the arrangement will be treated as a qualified
salary reduction arrangement for the year of the transaction and the two following years, provided
rules similar to the rules of section 410(b)(6)(C)(i)(II) are satisfied and the arrangement would
satisfy the requirements to be a qualified salary reduction arrangement after the transaction if the
trade or business that maintained the arrangement prior to the transaction had remained a separate
employer.
Effective Date
The provision is effective as if included in the Small Business Job Protection Act of 1996.
2. Treatment of Indian tribal governments under section 403(b) (Sec. 6016(a)(2)
of the Bill, Sec. 1601(d)(4)(A) of the 1997 Act, and Sec. 403(b) of the Code)
Present Law
Any 403(b) annuity contract purchased in a plan year beginning before January 1, 1995, by
an Indian tribal government is treated as purchased by an entity permitted to maintain a tax
sheltered annuity plan. Such contracts may be rolled over into a section 401(k) plan maintained by
the Indian tribal government in accordance with the rollover rules of section 403(b)(8). An
employee participating in a 403(b) annuity contract of the Indian tribal government may roll over
amounts from such contract to a section 401(k) plan maintained by the Indian tribal government
whether or not the annuity contract is terminated.
Explanation of Provision
The bill clarifies that an employee participating in a 403(b)(7) custodial account of the
Indian tribal government may roll over amounts from such account to a section 401(k) plan
maintained by the Indian tribal government.
Effective Date
The provision is effective as if included in the Small Business Job Protection Act of 1996.