This legislation seeks to enhance retirement savings opportunities for independent workers by making key amendments to the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986. It explicitly allows independent workers to be enrolled in pooled employer plans (PEPs) as if they were employees, and permits trade associations to facilitate this enrollment. Crucially, the bill clarifies that an independent worker's participation in a PEP or contributions made on their behalf will not be construed as changing their employment status under any federal, state, or local law. Furthermore, the bill amends the Internal Revenue Code to enable employers to treat independent workers similarly to employees for Simplified Employee Pensions (SEPs) , allowing for contributions of cash bonuses and the use of temporary suspension accounts . It also streamlines auditing requirements for both groups of plans and pooled employer plans, aiming to reduce administrative burdens. Finally, the legislation mandates the establishment of pilot programs by the Treasury and Labor Secretaries to encourage independent workers' retirement savings through mechanisms like automatic "round-down" contributions and designated periodic deductions into PEPs, solo 401(k)s, or suspension accounts.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Labor and Employment
Independent Retirement Fairness Act
USA119th CongressS-2217| Senate
| Updated: 7/9/2025
This legislation seeks to enhance retirement savings opportunities for independent workers by making key amendments to the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986. It explicitly allows independent workers to be enrolled in pooled employer plans (PEPs) as if they were employees, and permits trade associations to facilitate this enrollment. Crucially, the bill clarifies that an independent worker's participation in a PEP or contributions made on their behalf will not be construed as changing their employment status under any federal, state, or local law. Furthermore, the bill amends the Internal Revenue Code to enable employers to treat independent workers similarly to employees for Simplified Employee Pensions (SEPs) , allowing for contributions of cash bonuses and the use of temporary suspension accounts . It also streamlines auditing requirements for both groups of plans and pooled employer plans, aiming to reduce administrative burdens. Finally, the legislation mandates the establishment of pilot programs by the Treasury and Labor Secretaries to encourage independent workers' retirement savings through mechanisms like automatic "round-down" contributions and designated periodic deductions into PEPs, solo 401(k)s, or suspension accounts.