Overview

Title

To amend the Internal Revenue Code of 1986 to expand the availability of penalty-free distributions to unemployed individuals from retirement plans.

ELI5 AI

H.R. 329 wants to help people who don't have jobs by letting them take out some of their retirement money without paying a penalty if they've been unemployed for a long time, and it makes sure they only take out a safe amount.

Summary AI

H.R. 329, titled the "Expanding Penalty Free Withdrawal Act," seeks to amend the Internal Revenue Code of 1986 to help unemployed individuals access their retirement savings without penalties. Specifically, the bill allows individuals who have been unemployed for at least 26 consecutive weeks to withdraw funds from their retirement plans without facing early withdrawal penalties. The maximum amount that can be withdrawn without penalty is the lesser of $50,000 or a figure based on the individual's total retirement savings. This amendment is set to apply to distributions made after December 31, 2024.

Published

2025-01-09
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-01-09
Package ID: BILLS-119hr329ih

Bill Statistics

Size

Sections:
2
Words:
537
Pages:
4
Sentences:
12

Language

Nouns: 169
Verbs: 30
Adjectives: 34
Adverbs: 0
Numbers: 16
Entities: 33

Complexity

Average Token Length:
4.45
Average Sentence Length:
44.75
Token Entropy:
4.85
Readability (ARI):
25.21

AnalysisAI

General Summary of the Bill

The proposed legislation, introduced in the House of Representatives as H. R. 329, aims to amend the Internal Revenue Code of 1986. The bill, titled the "Expanding Penalty Free Withdrawal Act," seeks to allow unemployed individuals to access funds from their retirement plans without incurring early withdrawal penalties, given certain conditions are met. Specifically, individuals who have received unemployment compensation for 26 consecutive weeks or for the maximum available period under state law can take penalty-free distributions. The amount that can be accessed is subject to limitations, specifically the lesser of $50,000 or half the value of the person’s retirement plans.

Summary of Significant Issues

One of the primary issues identified relates to the complexity of the bill's language, which may pose challenges for individuals trying to understand the conditions under which they can make penalty-free withdrawals. The distribution limitations, particularly the detailed calculations involving retirement plan values, are intricate and could lead to confusion.

Another notable issue stems from potential ambiguity in the requirement for receiving unemployment compensation for 26 consecutive weeks or the maximum duration permitted by state law. As unemployment benefits vary widely by state, the uniform application of this law might be problematic.

Moreover, the reference to "the succeeding taxable year," regarding the timeframe for eligible distributions, could be unclear, affecting individuals' planning for these withdrawals.

Issues are also identified in the coordination of rules applicable to self-employed individuals and the order of precedence when distributions overlap with other exceptions, such as those related to health insurance premiums, which may lead to confusion.

Impact on the Public Broadly

If enacted, this bill might provide significant financial relief to people who are unemployed and are struggling to meet their expenses. By allowing early access to retirement funds without penalties, it could help ease the financial burden of extended unemployment periods. However, due to the complexities and ambiguities in the bill, individuals might find it challenging to navigate the withdrawal process correctly, potentially leading to financial planning errors.

Impact on Specific Stakeholders

For unemployed individuals, this bill could serve as a critical financial lifeline, providing much-needed liquidity during difficult times without the drawback of early withdrawal penalties. However, for those who are not well-versed in tax laws or financial planning, deciphering the detailed provisions and avoiding penalties could be daunting.

State governments and unemployment insurance offices might face increased workloads to verify compliance with the new rules and assist individuals in understanding the bill's implications based on their specific state laws.

Financial advisors and tax professionals may see an uptick in demand for their services as individuals seek guidance in interpreting the law and applying it to their circumstances. While this could increase their business opportunities, it also places a responsibility on these professionals to ensure interpretations and applications of the law are accurate and beneficial to their clients.

Overall, the bill could have positive and negative impacts depending on how it is understood, interpreted, and applied by those affected by its provisions. Importantly, clear communication and public education on the bill's stipulations would be crucial to maximize its benefits while mitigating potential challenges.

Financial Assessment

The bill, known as the "Expanding Penalty Free Withdrawal Act," is focused on facilitating access to retirement savings for individuals who face long-term unemployment. It proposes an amendment to the Internal Revenue Code, allowing penalty-free withdrawals under specific circumstances. Here, the financial aspects are of particular interest, as they determine the eligibility and limits of such withdrawals.

Financial Summary

The central financial provision of the bill allows unemployed individuals to withdraw from their retirement plans without incurring an early withdrawal penalty. An individual must have been unemployed for at least 26 consecutive weeks to qualify for this relief. The maximum allowable withdrawal without penalty is capped at the lesser of $50,000 or another amount determined by a more complex calculation related to their total retirement savings.

Analysis of Financial References

Withdrawal Limitation

The complexity arises primarily from the determination of the maximum withdrawal amount. The legislation states that the penalty-free amount is the lesser of $50,000 or a sum calculated based on one-half of the total fair market value of the individual's qualified retirement plans. This provision could be challenging for individuals to interpret, especially without financial guidance, potentially leading to misapplication.

In financial terms, the bill aims to ensure that withdrawals do not drastically deplete retirement resources, taking into account both immediate needs due to unemployment and longer-term retirement security. However, the language and calculations involved might be difficult for the average person to grasp, increasing the risk of misunderstandings and errors.

Coordination with Existing Benefits

Another financial consideration is the coordination clause with distributions meant for health insurance premiums. The legislation indicates that distributions qualifying under this new act shouldn't interfere with those made under existing sections of the tax code for health insurance premium payments. This ensures that individuals can strategically manage their withdrawals for distinct needs without overlap, but it also adds layers of complexity. Deciding which withdrawal option to prioritize can be financially significant, especially for individuals managing limited resources.

Relating to Identified Issues

The issues highlighted relate closely to the financial mechanisms in the bill. The main concern is the complexity of the financial language and calculations that determine the maximum allowable withdrawal, which could be problematic for those unfamiliar with tax codes or financial planning. This complexity might lead to errors in determining eligibility or the correct amount to withdraw without penalties.

Moreover, the ambiguity surrounding state variations in unemployment compensation can further complicate the calculations, as individuals and states may interpret eligibility differently.

Lastly, the coordination with other subsections, particularly around health insurance premiums, may lead to confusion about which distributions are permissible under the bill, potentially affecting an individual's financial strategy during unemployment.

In summary, while the bill's intent is to provide financial relief, the intricate financial details and limits it sets may inadvertently create barriers to access, necessitating comprehensive financial advice for those it aims to assist.

Issues

  • Section 2: The language used in subparagraph (N) is complex and may be difficult for a layperson to understand, particularly the calculation of the distribution limitations. This could lead to misunderstandings and improper application by individuals eligible for such distributions.

  • Section 2: There is potential ambiguity in the clause stating 'for 26 consecutive weeks or, if less, for the maximum period' as it might not be clear how determinations are made if unemployment compensation varies by state. This could result in inconsistent application across different jurisdictions.

  • Section 2: The phrase 'the succeeding taxable year' might lead to confusion regarding whether it includes the entire following taxable year after reemployment or a portion of it, which can cause individuals to miscalculate the timing of their distributions.

  • Section 2: There could be confusion or misinterpretation regarding how 'Rules similar to the rules of clauses (ii) and (iii) of subparagraph (D)' should be applied to self-employed individuals, potentially leading to unequal treatment or benefits under the law.

  • Section 2: The coordination clause with distributions for health insurance premiums could lead to misunderstandings regarding which distributions take precedence when classified under multiple subsections, affecting how unemployed individuals manage their financial resources.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill is titled the "Expanding Penalty Free Withdrawal Act," which establishes the official name of the legislation.

2. Expansion of exception for penalty on early distributions to unemployed individuals from retirement plans Read Opens in new tab

Summary AI

The text describes an amendment to the Internal Revenue Code, allowing people who have been unemployed for at least 26 weeks to withdraw money early from their retirement plans without penalty, as long as certain conditions are met. This change applies to distributions made after December 31, 2024, and limits the amount that can be withdrawn to the lesser of $50,000 or half the value of the person's retirement plans.

Money References

  • “(iii) LIMITATION.—Clause (i) shall not apply to any distribution to the extent that such distribution exceeds the lesser of— “(I) $50,000, reduced by the aggregate amount of distributions which are described in clause (i) from all plans of the individual during the 1-year period ending on the day before the date on which such distribution was made, or “(II) the greater of $10,000 or one-half of the aggregate fair market value (at the time of the distribution) of the individual’s qualified retirement plans (as defined in section 4974(c))