APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY PENSION PLAN RULES TO CERTAIN CHARITABLE EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE IS PROVIDING SERVICES WITH RESPECT TO CHILDREN.

SEC. 3. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY PENSION PLAN RULES TO CERTAIN CHARITABLE EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE IS PROVIDING SERVICES WITH RESPECT TO CHILDREN. (a) Employee Retirement Income and Security Act of 1974.— (1) In general.—Section 210(f)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1060(f)(1)) is amended by striking “or” at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting “; or”, and by inserting after subparagraph (B) the following new subparagraph: “(C) that, as of June 25, 2010, was maintained by an employer— “(i) described in section 501(c)(3) of such Code, “(ii) chartered under part B of subtitle II of title 36, United States Code, “(iii) with employees in at least 40 States, and “(iv) whose primary exempt purpose is to provide services with respect to children.” . (2) Aggregation rules.—Section 210(f)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1060(f)(2)) is amended by striking “paragraph (1)(B)” and inserting “subparagraph (B) and (C) of paragraph (1)”. (b) Internal Revenue Code of 1986.— (1) [26 U.S.C. 414] In general.—Section 414(y)(1) of the Internal Revenue Code of 1986 is amended by striking “or” at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting “; or”, and by inserting after subparagraph (B) the following new subparagraph: “(C) that, as of June 25, 2010, was maintained by an employer— “(i) described in section 501(c)(3) of such Code, “(ii) chartered under part B of subtitle II of title 36, United States Code, “(iii) with employees in at least 40 States, and “(iv) whose primary exempt purpose is to provide services with respect to children.” . (2) Aggregation rules.—Section 414(y)(2) of the Internal Revenue Code of 1986 is amended by striking “paragraph (1)(B)” and inserting “subparagraph (B) and (C) of paragraph (1)”. (c) [26 U.S.C. 414 note] Effective Date.—The amendments made by this section shall take effect as if included in the amendments made by the Cooperative and Small Employer Charity Pension Flexibility Act (29 U.S.C. 401 note).