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Signed into law

Retire through Ownership Act

This act 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 assets if the assets are not securities for which there is a generally recognized market and the expert or appraiser follows specified methodologies.

Measure
S. 2403 · 119th Congress
Latest action
October 15, 2026
Policy changes
2
Source
CRS summary (Public Law) · Congress.gov

Became Public Law No: 119-124.

Who wrote it

Portrait of Roger Marshall

Sponsor

Sen. Roger Marshall (R-KS)

Joined by 1 cosponsor, 1 of them from the day it was introduced. Introduced July 23, 2025.

All 1 cosponsors

How Congress voted

  • House · September 16, 2026

    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).

    401 yea · 14 nay · 18 other · Republicans 191–14 · Democrats 209–0 · Independents 1–0 · Official record

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Provision 1

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.

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Provision 2

Under the act, 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.

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