United States · Bill · HR
H.R. 5292 (108th)
Pension Fairness Act of 2004
Introduced
8 October 2004
Last action
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Status
Sponsor introductory remarks on measure. (CR E1892-1893)
Sponsors
—
Subjects
Discovery layer
Source updated
18 August 2025
Summary
Pension Fairness Act of 2004 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to limit the availability of benefits for corporate directors and executives under an employer's nonqualified deferred compensation plans in the event that any of such employer's defined pension plans are subjected to a distress termination, or to a termination where the Pension Benefit Guaranty Corporation (PBGC) takes over plan liabilities, in connection with bankruptcy reorganization or a conversion to a cash balance plan. Sets forth a termination fairness standard for nonqualified deferred compensation plans in cases where the corporation which is plan sponsor of a defined benefit plan adopts a plan amendment which: (1) terminates an underfunded workers' pension plan; or (2) converts a workers' pension plan into a cash balance plan that cuts benefits for workers with ten or more years of service under the plan, or takes away their choice to stay in their original plan. Disqualifies any director or executive officer of the corporation, for a five-year period after adoption of such an amendment, from: (1) accruing any amount under a nonqualified deferred compensation plan; and (2) receiving any distribution of accrued deferred compensation, if a nonqualified deferred compensation plan or amendment is established or adopted during or after the one-year period preceding the notice date of the defined benefit plan termination or conversion.
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Documents
3 official files
Introduced in House (text)
Introduced in House (text)
Introduced in House · EN · 8 October 2004
Introduced in House (PDF)
Introduced in House · EN · 8 October 2004
Introduced in House
summary · EN · 8 October 2004
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Sources
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- Official source: https://www.congress.gov/bill/108th-congress/house-bill/5292
- Open data entity: https://api.congress.gov/v3/bill/108/hr/5292