PolicyBrief
S. 4511
119th CongressMay 13th 2026
A bill to amend the Internal Revenue Code of 1986 to exclude from gross income charitable distributions from certain employer-sponsored retirement plans, and for other purposes.
IN COMMITTEE

This bill allows individuals aged 70½ and older to make tax-free charitable donations directly from certain employer-sponsored retirement plans.

Kevin Cramer
R

Kevin Cramer

Senator

ND

LEGISLATION

New Bill Allows Tax-Free Charitable Donations from 401(k)s for Seniors 70½+.

Alright, let's talk about a bill that could make a real difference for those looking to give back while also managing their retirement savings. This new legislation is all about making it easier for folks aged 70 and a half or older to donate directly from their employer-sponsored retirement plans, like that 401(k) you've been building up, to their favorite charities without it hitting their taxable income.

Giving Smarter, Not Harder

So, what's the big deal? Currently, if you take money out of your 401(k) at that age, it usually counts as taxable income, even if you plan to donate it. This bill, however, creates a special carve-out. It says that if you're 70½ or older and you send money directly from your qualified employer retirement plan to an eligible charity, that money won't be counted as part of your gross income for tax purposes. Think of it as a direct pipeline from your retirement fund to a good cause, bypassing the taxman on that specific amount. There's an annual limit, though, which will align with the existing cap for IRA charitable distributions.

Who Gets to Play?

This isn't just for your standard 401(k)s. The bill is pretty inclusive, covering a range of plans. We're talking about things like 401(a) qualified trusts and 403(a) annuity plans. Even retirement plans set up by the government, whether federal, state, or local, are on the list. This means if you've been working for the city, state, or even Uncle Sam, you could potentially take advantage of this. The charity also needs to be a specific type, generally a public charity, so no sending funds to your cousin's startup through a donor-advised fund using this method.

Expanding the Giving Circle

One of the neatest parts of this bill is how it expands these tax-free giving options. Before, similar rules mostly applied to IRAs. Now, the legislation extends this benefit to SEP and SIMPLE IRA plans, which are often used by small business owners and their employees. It also brings 403(b) annuity contracts, common in non-profit and educational sectors, and 457(b) plans, used by state and local government employees, into the fold. This means more people with different types of retirement savings will have this tax-efficient way to support causes they care about. These changes are set to kick in for distributions made in tax years that start after the law is officially enacted.

Essentially, this bill is a win-win: it gives older Americans more flexibility and a tax break for their generosity, and it could mean more direct funding for charities. It's a smart move for anyone looking to optimize their giving strategy as they get a bit older.