Retire through Ownership Act
This bill allows the fiduciary of an Employee Stock Ownership Plan (ESOP) to rely on a valuation provided by an independent valuation or business appraiser in determining the fair market value of the plan's securities if the securities are not traded on a national securities exchange (i.e., not publicly traded) and the expert or appraiser follows specified methodologies.
In general, ESOPs are defined contribution pension plans where employees accrue shares of their employers' stock in individual accounts as part of their compensation. After separating from employment or retiring, employees receive the cash value of their shares.
Under the bill, an independent appraiser or expert must adhere to the methodology established under the Internal Revenue Service Ruling 59-60, which prescribes the factors a professional business appraiser should consider in forming a valuation of the stock for a closely held business.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5169 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5169
To amend the Employee Retirement Income Security Act of 1974 to provide
a clear definition of adequate consideration for certain closely held
stock, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2025
Mr. Allen introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to provide
a clear definition of adequate consideration for certain closely held
stock, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retire through Ownership Act''.
SEC. 2. AMENDING ADEQUATE CONSIDERATION DEFINITION.
(a) In General.--Section 3(18) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(18)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(3) by inserting ``(A)'' before ``The term''; and
(4) by adding at the end the following:
``(B) For purposes of clause (ii) of subparagraph (A), a fiduciary
of an employee stock ownership plan (as defined in section 407(d)(6))
may in good faith rely upon a valuation provided by an independent
valuation or business appraiser if such expert or appraiser relied upon
the principles and methodologies set forth in Internal Revenue Service
Revenue Ruling 59-60 (as amplified, clarified, distinguished, or
modified from time to time) in determining the fair market value of the
asset.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to determinations described in section 3(18)(B) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(18)(B)) (as added by such subsection) that are made on or after
the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Workforce.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 35 - 0.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-448.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-448.
Placed on the Union Calendar, Calendar No. 383.
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