PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the Subcommittee on Commercial and Administrative Law.
Congressional Research Service
Version 00 · Introduced in House · Dec 16, 2005
Employee Retirement Preservation Act - Amends federal bankruptcy law to redefine "claim" to include a right or interest in equity securities of the debtor (or its affiliate) held in a pension plan for the benefit of an individual who is not an officer or director of the debtor, if such securities were attributable to: (1) employer contributions by the debtor (or an affiliate) other than elective deferrals; and (2) elective deferrals (and any earnings on them) that are required to be invested in such securities under the terms of the plan or at the direction of a person other than the individual or any beneficiary.
Makes this requirement inapplicable, however, to any such securities during a period when the individual or any beneficiary has the right to direct the plan to divest such securities and to reinvest an equivalent amount in other investment options of the plan.
Modifies the priority scheme for expenses and claims to place in fifth order of priority allowed unsecured claims concerning rights or interests in equity securities of the debtor held in a pension plan measured by the market value of the stock at the time of its contribution or purchased by the plan.
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Increases from $10,000 to $13,500 the maximum amount of allowed unsecured claims for contributions to an employee benefit plan.
People & committees
Rep. Ford, Harold E., Jr. [D-TN-9] · D–TN
Legislative record
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Referred to the Subcommittee on Commercial and Administrative Law.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Aug 15, 2025. Consult Congress.gov for the current record.
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