Emergency Relief for Federal Contractors Act of 2025
The Emergency Relief for Federal Contractors Act of 2025 would let certain federal contractors and related workers take penalty-free distributions from retirement accounts during federal government shutdowns. These distributions would be treated as “Federal Government shutdown distributions” and would be subject to a $30,000 annual cap (adjusted for inflation in future years). Tax penalties normally imposed for early withdrawals under Code section 72(t) would not apply to these distributions. Individuals who take such distributions could repay part or all of the amount within a 3-year window into an eligible retirement plan, with special rollover/tax rules to treat the repayments as rollovers. The bill defines who qualifies (applicable individuals beyond just federal employees, including contractors and certain DC government employees) and when a “federal appropriations lapse” qualifies for this relief (a period of at least two weeks during which pay is reduced, delayed, or workers are furloughed). Plan administrators would have to implement these distributions within the statutory limits, and the distributions would be treated as meeting certain plan distribution requirements for plan purposes.
Key Points
- 1Penalty-free withdrawals during shutdowns: The bill amends the tax rules so that distributions labeled as Federal Government shutdown distributions are not subject to the 10% early-withdrawal penalty under Code 72(t).
- 2Dollar cap and inflation adjustment: Each taxable year, an individual may treat up to $30,000 of Federal Government shutdown distributions as eligible for penalty-free treatment. Starting in years after 2025, this cap is adjusted for inflation using the standard cost-of-living adjustment, with rounding to the nearest $500 if needed.
- 3Repayment option: Individuals who take a shutdown distribution may return up to the amount of that distribution to an eligible retirement plan within 3 years. Repayments are treated as allowable rollovers (with specific rollover provisions applying to non-IRA and IRA accounts).
- 4Where the relief applies: The term “Federal Government shutdown distribution” covers distributions from eligible retirement plans received during a Federal appropriations lapse, and applies to:
- 5- Federal contractors or their employees on unpaid leave or working without pay due to a shutdown.
- 6- Employees of federal grantees or state entities whose compensation is federally advanced or reimbursed and who are furloughed or unpaid or underpaid due to a lapse.
- 7- Certain District of Columbia government entities and courts whose staff are furloughed or unpaid due to a shutdown.
- 8Aggregate limit across plans: For an individual, the total of such distributions from all plans maintained by the employer (and any related controlled group) in a given tax year cannot exceed the $30,000 cap.
- 9Plan administration and distribution rules: Plans may treat distributions as Federal Government shutdown distributions without violating law, so long as the aggregate amount does not exceed the cap. The distributions are treated as meeting certain plan distribution requirements for purposes of existing code sections.
- 10Tax treatment and timing: Absent an election, the income from these distributions is spread ratably over three taxable years. The special spread rules resemble certain existing provisions for distributing and taxing plan withdrawals.
- 11Special rollover rules: The bill provides explicit treatment to ensure repayments via rollovers are handled as trustee-to-trustee transfers within 60 days, and that repayments to IRAs or other eligible retirement plans are properly treated as rollovers or as distributions described in relevant tax code sections.