S. 4511

119 S4511 IS: To amend the Internal Revenue Code of 1986 to exclude from gross income charitable distributions from certain employer-sponsored retirement plans, and for other purposes.
 U.S. Senate
 2026-05-13
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4511  IN THE SENATE OF THE UNITED STATES   May 13, 2026   Mr. Cramer  (for himself,  Mr. Coons ,  Mr. Marshall , and  Mr. Warner ) introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To amend the Internal Revenue Code of 1986 to exclude from gross income charitable distributions from certain employer-sponsored retirement plans, and for other purposes.
1.
Exclusion from gross income of charitable distributions from certain employer-sponsored retirement plans
(a)
In general
 Section 402  of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
(m)
Distributions for charitable purposes
(1)
In general
Gross income for any taxable year shall not include so much of the aggregate amount of qualified charitable distributions made with respect to a taxpayer during such taxable year which does not exceed the applicable amount.
(2)
Qualified charitable distribution
For purposes of this subsection, the term  qualified charitable distribution  means any distribution from a qualified employer plan—
(A)
which is made directly by the plan to an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)), and
(B)
which is made on or after the date that the individual on whose behalf the distribution is made has attained age 70 1/2 .
 A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to paragraph (1).
(3)
Special rules
(A)
In general
Rules similar to the rules of subparagraphs (C), (E), and (F) of section 408(d)(8) shall apply for purposes of this subsection.
(B)
Application of section
72
Rules similar to the rules of section 408(d)(8)(D) shall apply for purposes of this subsection, by taking into account all amounts to which the taxpayer has a nonforfeitable right in all qualified employer plans maintained by the employer in lieu of all amounts in all individual retirement plans of the individual.
(4)
Definitions
For purposes of this subsection—
(A)
Applicable amount
The term  applicable amount  means the excess of—
(i)
the dollar amount in effect under section 408(d)(8) for the taxable year, over
(ii)
the total amount of distributions not includible in the gross income of the taxpayer for the taxable year by reason of section 408(d)(8).
(B)
Qualified employer plan
The term  qualified employer plan  means—
(i)
an eligible retirement plan described in clause (iii) or (vi) of subsection (c)(8)(B), or
(ii)
a plan established for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing.
 .
(b)
SEPs and SIMPLEs
Section 408(d)(8)(B) of such Code is amended by striking  (other than a plan described in subsection (k) or (p)) .
(c)
403(b)  plans
Section 403 of such Code is amended by adding at the end the following new subsection:
(d)
Distributions for charitable purposes
The rules of section 402(m) shall apply to distributions under an annuity contract described in subsection (b).
 .
(d)
457(b)  plans
Section 457(e) of such Code is amended by adding at the end the following new paragraph:
(19)
Distributions for charitable purposes
The rules of section 402(m) shall apply to distributions under an eligible deferred compensation plan established and maintained by an eligible employer described in subsection (e)(1)(A).
 .
(e)
Effective date
The amendments made by this section shall apply to distributions made in taxable years beginning after the date of the enactment of this Act.