ABLE Employment Flexibility Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 4644 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 4644 To amend the Internal Revenue Code of 1986 to allow employers to contribute to ABLE accounts in lieu of retirement plan contributions. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 23, 2025 Ms. Davids of Kansas (for herself and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to allow employers to contribute to ABLE accounts in lieu of retirement plan contributions. 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 ``ABLE Employment Flexibility Act''. SEC. 2. PROTECTING WORKING ABLE INDIVIDUALS FROM LOSING BENEFITS BECAUSE OF RETIREMENT PLAN RULES. (a) In General.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(dd) ABLE Account Contributions.-- ``(1) In general.--An applicable employer plan (as defined in subsection (v)(6)(A)) which is a defined contribution plan shall not be treated as failing to meet any requirement of this title solely because the plan provides that an eligible ABLE individual may elect for a plan year that employer contributions which would otherwise be made under the terms of the plan for such plan year shall (in lieu of contribution to the plan) be contributed by the employer to a qualified ABLE program described in section 529A on behalf of such eligible ABLE individual. ``(2) Treatment of contributions.-- ``(A) No deduction for amounts contributed to able account.--Except as provided in subparagraph (B), a contribution to a qualified ABLE program pursuant to an election