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S2403

Retire through Ownership Act

Last scannedOct 19, 2026, 2:45 AM

In one sentence

This law allows managers of Employee Stock Ownership Plans (ESOPs) to rely on valuations from independent experts for non-publicly traded stock, provided the experts follow specific IRS guidelines.

What it does

  • Amends the Employee Retirement Income Security Act of 1974.
  • Allows ESOP fiduciaries to rely on valuations from independent valuation experts or business appraisers for securities not traded on a national securities exchange.
  • Requires these experts to follow the principles and methodologies set forth in Internal Revenue Service Revenue Ruling 59-60.
  • Clarifies that this change does not expand the Secretary of Labor's regulatory authority regarding 'adequate consideration' beyond what existed before the Act.
  • States that this change does not modify a fiduciary's obligations under section 404 of the Employee Retirement Income Security Act.

Who it affects

  • Fiduciaries of Employee Stock Ownership Plans (ESOPs).
  • Independent valuation experts or business appraisers.
  • Employees who hold shares in ESOPs.

Limits and unknowns

  • The law only applies to securities that are not traded on a national securities exchange.
  • The amendments apply to determinations made on or after the date of enactment.
  • The specific effective date is not listed in the provided text, though the bill was presented to the President on 2026-10-05.

Plain language

Terms to know

ESOP
A defined contribution pension plan where employees accrue shares of their employers' stock in individual accounts as part of their compensation.
Fiduciary
A person or group responsible for managing the assets of a retirement plan.
Revenue Ruling 59-60
A set of IRS rules that prescribe the factors a professional business appraiser should consider when valuing stock in a closely held business.

Official record

Sources

Source checked
Read the official summary

Retire through Ownership Act This bill allows the fiduciary of an Employee Stock Ownership Plan (ESOP) to rely on a valuation provided by an independent valuation expert or business appraiser in determining the fair market value of the plan's securities if the securities are not traded on a national securities exchange (i.e., not publicly traded) and the expert or appraiser follows specified methodologies. In general, ESOPs are defined contribution pension plans where employees accrue shares of their employers' stock in individual accounts as part of their compensation. After separating from employment or retiring, employees receive the cash value of their shares. Under the bill, an independent expert or appraiser must adhere to the methodology established under the Internal Revenue Service Ruling 59-60, which prescribes the factors a professional business appraiser should consider in forming a valuation of the stock for a closely held business.

Official activity

Bill history

  1. Became Public Law No: 119-124.Library of Congress
  2. Became Public Law No: 119-124.Library of Congress
  3. Signed by President.Library of Congress
  4. Signed by President.Library of Congress
  5. Presented to President.House floor actions
  6. Presented to President.Library of Congress
  7. Motion to reconsider laid on the table Agreed to without objection.House floor actions
  8. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 401 - 14 (Roll no. 314). (text: CR H5905)House floor actions
  9. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 401 - 14 (Roll no. 314). (text: CR H5905)Library of Congress
  10. Considered as unfinished business. (consideration: CR H5960)House floor actions
  11. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.House floor actions
  12. DEBATE - The House proceeded with forty minutes of debate on S. 2403.House floor actions
  13. Considered under suspension of the rules. (consideration: CR H5905-5906)House floor actions
  14. Mr. Walberg moved to suspend the rules and pass the bill.House floor actions
  15. Held at the desk.House floor actions
  16. Received in the House.House floor actions
  17. Message on Senate action sent to the House.Senate
  18. Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7103; text: CR S7103)Senate
  19. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.Library of Congress
  20. Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.Senate