CLARIFICATION OF THE NORMAL RETIREMENT AGE.

SEC. 2. CLARIFICATION OF THE NORMAL RETIREMENT AGE.(a) Amendments to the Employee Retirement Income Security Act of 1974.—Section 204 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection:“(k) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.—“(1) In general.—Notwithstanding section 3(24), an applicable plan shall not be treated as failing to meet any requirement of this title, or as failing to have a uniform normal retirement age for purposes of this title, solely because the plan provides for a normal retirement age described in paragraph (2).“(2) Applicable plan.—For purposes of this subsection—“(A) In general.—The term ‘applicable plan’ means a defined benefit plan the terms of which, on or before December 8, 2014, provided for a normal retirement age which is the earlier of—“(i) an age otherwise permitted under section 3(24), or“(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan.A plan shall not fail to be treated as an applicable plan solely because the normal retirement age described in the 128 STAT. 2828 preceding sentence only applied to certain participants or only applied to employees of certain employers in the case of a plan maintained by more than 1 employer.“(B) Expanded application.—Subject to subparagraph (C), if, after December 8, 2014, an applicable plan is amended to expand the application of the normal retirement age described in subparagraph (A) to additional participants or to employees of additional employers maintaining the plan, such plan shall also be treated as an applicable plan with respect to such participants or employees.“(C) Limitation on expanded application.—A defined benefit plan shall be an applicable plan only with respect to an individual who—“(i) is a participant in the plan on or before January 1, 2017, or“(ii) is an employee at any time on or before January 1, 2017, of any employer maintaining the plan, and who becomes a participant in such plan after such date.”.(b) Amendment to the Internal Revenue Code of 1986.—Section 411 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:“(f) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.—“(1) In general.—Notwithstanding subsection (a)(8), an applicable plan shall not be treated as failing to meet any requirement of this subchapter, or as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan provides for a normal retirement age described in paragraph (2).“(2) Applicable plan.—For purposes of this subsection—“(A) In general.—The term ‘applicable plan’ means a defined benefit plan the terms of which, on or before December 8, 2014, provided for a normal retirement age which is the earlier of—“(i) an age otherwise permitted under subsection (a)(8), or“(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan.A plan shall not fail to be treated as an applicable plan solely because the normal retirement age described in the preceding sentence only applied to certain participants or only applied to employees of certain employers in the case of a plan maintained by more than 1 employer.“(B) Expanded application.—Subject to subparagraph (C), if, after December 8, 2014, an applicable plan is amended to expand the application of the normal retirement age described in subparagraph (A) to additional participants or to employees of additional employers maintaining the plan, such plan shall also be treated as an applicable plan with respect to such participants or employees.“(C) Limitation on expanded application.—A defined benefit plan shall be an applicable plan only with respect to an individual who—128 STAT. 2829“(i) is a participant in the plan on or before January 1, 2017, or“(ii) is an employee at any time on or before January 1, 2017, of any employer maintaining the plan, and who becomes a participant in such plan after such date.”.(c) Effective Date.—The amendments made by this section shall apply to all periods before, on, and after the date of enactment of this Act.