S5156119th CongressWALLET

Retirement Simplification and Clarity Act

Sponsored By: Senator Marshall, Roger [R-KS]

Introduced

Summary

Allows direct in‑service rollovers to individual retirement annuities for 401(k) participants age 50 and older. It would also require a concise Safe Harbor written notice that explains rollover options, tax withholding, deadlines, and items that cannot be rolled over.

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  • Older workers: Participants age 50 and older could elect a direct rollover of accrued benefits attributable to employer contributions into an individual retirement annuity while still employed.
  • Plan administrators: Plans would need to provide a plain‑language Safe Harbor notice that includes a 30-day review period and an automatic cash‑out threshold for small balances of $7,000.
  • Taxpayers taking distributions or changing jobs: Eligible amounts could be rolled to a new plan or an individual retirement account, direct rollovers would avoid mandatory 20% withholding, and taxpayers who receive payments directly would have 60 days to complete a rollover that includes any amounts withheld.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

New rollover rules for older workers

If enacted, plans could let participants age 50 or older directly roll employer-contribution amounts to an individual retirement annuity while still working. This would be optional for plan sponsors; employers would not be required to allow it. The bill would also create a plain-language safe-harbor notice plans could give 30 days before a distribution. The notice would explain tax withholding, the 10% early-withdrawal tax before age 59 1/2, the 20% withholding rule, the 60-day rollover deadline (including withheld amounts), items that cannot be rolled over, rules for amounts under $7,000, and how to contact the plan administrator. These changes would apply for tax years beginning after December 31, 2026.

Sponsors & CoSponsors

Sponsor

Marshall, Roger [R-KS]

KS • R

Cosponsors

  • Sen. Gillibrand, Kirsten E. [D-NY]

    NY • D

    Sponsored 7/29/2026

Roll Call Votes

No roll call votes available for this bill.

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