; and (2) by inserting , or a simplified employee pension (within the meaning of section 408(k)) after 401(k)(11)) . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2018. 317. Allow certain plan transfers and mergers (a) Amendments to the Internal Revenue Code of 1986 (1) In general Section 414 is amended by adding at the end the following new subsection: (aa) Certain plan transfers and mergers (1) In general Under rules prescribed by the Secretary, no amount shall be includible in gross income by reason of— (A) a transfer of all or a portion of the account balance of a participant or beneficiary, whether or not vested, from a defined contribution plan described in section 401(a) or section 403(a) of an employer to an annuity contract described in section 403(b) of the same employer, (B) a transfer of all or a portion of the account balance of a participant or beneficiary, whether or not vested, from an annuity contract described in section 403(b) of an employer to a defined contribution plan described in section 401(a) or section 403(a) of the same employer, or (C) a merger of a defined contribution plan described in section 401(a) or section 403(a) of an employer with an annuity contract described in section 403(b) of the same employer, so long as the transfer or merger does not cause a reduction in the vested benefit or total benefit (including non-vested benefit) of any participant or beneficiary. A plan or contract shall not fail to be considered to be described in sections 401(a), 403(a), or 403(b) (as applicable) merely because such plan or contract engages in a transfer or merger described in this paragraph. (2) Distributions Amounts transferred or merged pursuant to paragraph (1) shall be subject to the requirements of paragraphs (3) and (4) and to the distribution requirements under sections 401(a), 403(a), or 403(b) applicable to the transferee or merged plan. (3) Spousal consent and anti-cutback protection In the case of a transfer or