PolicyBrief
S. 2964
119th CongressOct 1st 2025
Emergency Relief for Federal Contractors Act of 2025
IN COMMITTEE

This bill allows federal contractors and affected government employees to make penalty-free, tax-deferred withdrawals of up to $30,000 from retirement accounts during a federal funding lapse, with a three-year window to repay the funds.

Catherine Cortez Masto
D

Catherine Cortez Masto

Senator

NV

LEGISLATION

Shutdown Relief Bill Lets Furloughed Contractors Tap $30K from 401(k)s Penalty-Free

When Congress can't agree on a budget, regular people—especially federal contractors and those who rely on federal grants—pay the price. The Emergency Relief for Federal Contractors Act of 2025 is designed to provide a financial safety net for these workers when a government shutdown hits.

The Immediate Relief: Penalty-Free Withdrawals

This bill introduces a new category of retirement withdrawal called a “Federal Government shutdown distribution.” If you are a federal contractor, an employee of a federal grantee, or a specific D.C. government worker who is furloughed or working without pay during a lapse in appropriations lasting at least two continuous weeks, you qualify. The key provision here is that these withdrawals are exempt from the standard 10% early withdrawal penalty (under Section 72(t) of the Internal Revenue Code) that usually applies if you take money out before age 59½. This is a big deal for someone who needs cash now to cover rent or bills while their paycheck is on hold.

There is a cap, however: you can only take out up to $30,000 total across all your eligible retirement plans in a single tax year. That $30,000 limit will be adjusted for inflation starting in 2026. For example, if you're a software engineer working for a defense contractor and you're suddenly furloughed, you could pull necessary funds from your 401(k) without the immediate sting of the penalty, easing the immediate financial crunch.

The Three-Year Repayment Window

Here’s where the bill gets smart about protecting long-term savings: it gives you a three-year window to put the money back. If you take out $15,000 during a shutdown, you have 36 months from the day after the withdrawal to contribute that $15,000 back into an eligible retirement plan. If you successfully put the money back, the IRS treats the whole transaction as if it were a direct rollover, meaning your retirement savings are restored, and you avoid the tax consequences.

Spreading the Tax Hit

If you don't put the money back within three years, the withdrawal is treated as taxable income. But even here, the bill offers a break. Instead of having to declare the entire withdrawn amount as income in the year you took it out (which could push you into a higher tax bracket), the income tax liability is spread evenly over three tax years, starting with the year of the withdrawal. This prevents a temporary financial crisis from creating a massive, unexpected tax bill the following April. For instance, if you withdraw $15,000 and don't repay it, you'd add $5,000 to your taxable income for the year of the withdrawal and the two subsequent years, making the tax burden much more manageable.

The Trade-Offs and Fine Print

While this bill offers crucial relief, it’s not without administrative complexity. Individuals must be careful to track their withdrawals and contributions over the three-year period. If you miss the repayment deadline, you are on the hook for the taxes over the three-year spread. For the plan administrators, these special rules—like not treating these distributions as eligible for mandatory 20% withholding—mean new administrative tracking requirements. Ultimately, this bill is a pragmatic response to the financial instability caused by government shutdowns, giving affected workers a temporary, interest-free loan from their own savings, provided they understand the rules and commit to paying themselves back.