Sec. 331. Special rules for use of retirement funds in connection with qualified federally declared disasters
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Paragraph
(2)of section 72(t), as amended by this Act, is further amended by adding at the end the following new subparagraph: Any qualified disaster recovery distribution. . Section 72(t) is amended by adding at the end the following new paragraph: For purposes of paragraph (2)(M)— Except as provided in subparagraph (B), the term qualified disaster recovery distribution means any distribution made— on or after the first day of the incident period of a qualified disaster and before the date that is 180 days after the applicable date with respect to such disaster, and to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster. For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster recovery distributions with respect to any qualified disaster in all taxable years shall not exceed $22,000. If a distribution to an individual would (without regard to clause (i)) be a qualified disaster recovery distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified disaster recovery distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $22,000 with respect to the same qualified disaster. For purposes of clause (ii), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414. Any individual who receives a qualified disaster recovery distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. For purposes of this title, if a contribution is made pursuant to clause
(i)with respect to a qualified disaster recovery distribution from a plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster recovery distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. For purposes of this title, if a contribution is made pursuant to clause
(i)with respect to a qualified disaster recovery distribution from an individual retirement plan, then, to the extent of the amount of the contribution, the qualified disaster recovery distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. In the case of any qualified disaster recovery distribution, unless the taxpayer elects not to have this subparagraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. For purposes of clause (i), rules similar to the rules of subparagraph
(E)of section 408A(d)(3) shall apply. For purposes of this paragraph and paragraph (8), the term qualified disaster means any disaster with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act after December 27, 2020. For purposes of this paragraph and paragraph (8)— The term qualified disaster area means, with respect to any qualified disaster, the area with respect to which the major disaster was declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Such term shall not include any area which is a qualified disaster area solely by reason of section 301 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. The term incident period means, with respect to any qualified disaster, the period specified by the Federal Emergency Management Agency as the period during which such disaster occurred. The term applicable date means the latest of— the date of the enactment of this paragraph, the first day of the incident period with respect to the qualified disaster, or the date of the disaster declaration with respect to the qualified disaster. The term eligible retirement plan shall have the meaning given such term by section 402(c)(8)(B). For purposes of sections 401(a)(31), 402(f), and 3405, qualified disaster recovery distributions shall not be treated as eligible rollover distributions. For purposes of this title— a qualified disaster recovery distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A), and in the case of a money purchase pension plan, a qualified disaster recovery distribution which is an in-service withdrawal shall be treated as meeting the requirements of section 401(a) applicable to distributions. . The amendments made by this subsection shall apply to distributions with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. Paragraph
(8)of section 72(t) is amended by adding at the end the following new subparagraph: Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. Rules similar to the rules of clauses
(ii)and
(iii)of paragraph (11)(C) shall apply for purposes of this subsection. For purposes of this subparagraph, the term qualified distribution means any distribution— which is a qualified first-time homebuyer distribution, which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. For purposes of this subparagraph, the term applicable period means, in the case of a principal residence in a qualified disaster area with respect to any qualified disaster, the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the applicable date with respect to such disaster. . Subsection
(c)of section 402, as amended by this Act, is further amended by adding at the end the following new paragraph: Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in paragraph (8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under subsection
(c)or section 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. Rules similar to the rules of clauses
(ii)and
(iii)of section 72(t)(11)(C) shall apply for purposes of this subsection. For purposes of this paragraph, the term qualified distribution means any distribution— described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or 403(b)(11)(B), which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. For purposes of this paragraph— the terms qualified disaster , qualified disaster area , and incident period have the meaning given such terms under section 72(t)(11), and the term applicable period has the meaning given such term under section 72(t)(8)(F). . The amendments made by this subsection shall apply to recontributions of withdrawals for home purchases with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. Subsection
(p)of section 72 is amended by adding at the end the following new paragraph: In the case of any loan from a qualified employer plan to a qualified individual made during the applicable period— clause
(i)of paragraph (2)(A) shall be applied by substituting $100,000 for $50,000 , and clause
(ii)of such paragraph shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan . In the case of a qualified individual with respect to any qualified disaster with an outstanding loan from a qualified employer plan on or after the applicable date with respect to the qualified disaster— if the due date pursuant to subparagraph
(B)or
(C)of paragraph
(2)for any repayment with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date may be delayed for 1 year, any subsequent repayments with respect to any such loan may be appropriately adjusted to reflect the delay in the due date under clause
(i)and any interest accruing during such delay, and in determining the 5-year period and the term of a loan under subparagraph
(B)or
(C)of paragraph (2), the period described in clause
(i)may be disregarded. For purposes of this paragraph— The term qualified individual means any individual— whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and who has sustained an economic loss by reason of such qualified disaster. The applicable period with respect to any disaster is the period— beginning on the applicable date with respect to such disaster, and ending on the date that is 180 days after such applicable date. For purposes of this paragraph— the terms applicable date , qualified disaster , qualified disaster area , and incident period have the meaning given such terms under subsection (t)(11), and the term applicable period has the meaning given such term under subsection (t)(8). . The amendment made by paragraph
(1)shall apply to plan loans made with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. The Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on taxpayer utilization of the retirement disaster relief permitted by the amendments made by this section and or permitted by prior legislation, including a comparison of utilization by higher and lower income taxpayers and whether the $22,000 threshold on distributions provides adequate relief for taxpayers who suffer from a disaster.