House committee substitute to the 1st edition makes the following changes.
Modifies the term hiring party so that it includes entities or public or private persons, including an internet or application-based company, who hire or enter into a contract with an independent contractor in GS 66-515 (definitions pertaining to the Voluntary Portable Benefits Act). Clarifies that a hiring party may only contribute funds to a portable benefit account (PBA) for the work provided by an independent contractor in GS 66-516 (administration of a voluntary portable benefit plan-Plan). Specifies that one of the sources of contribution to a PBA is the hiring party’s funds in addition to compensation (was, just the hiring party’s funds). Makes technical and clarifying changes.
Removes new GS 66-517 which set forth tax deductions available to both the hiring party and independent contractor making contributions to a Plan. Now allows an independent contractor to deduct the amount received from a hiring party in a Plan from their adjusted gross income under GS 105-153.5, effective for tax years beginning January 1, 2026.
Makes conforming change to effective date.
VOLUNTARY PORTABLE BENEFITS PLAN ACT.
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ENACT THE VOLUNTARY PORTABLE BENEFITS PLAN ACT AND TO APPROPRIATE FUNDS FOR THAT PURPOSE.Intro. by Reeder, Chesser, Rhyne, Schietzelt.
Bill History:
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Tue, 28 Apr 2026 House: Filed
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Thu, 30 Apr 2026 House: Passed 1st Reading
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Thu, 7 May 2026 House: Serial Referral To Finance Added
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Tue, 12 May 2026 House: Reptd Fav Com Substitute
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Tue, 12 May 2026 House: Re-ref Com On Finance
Bill Summaries:
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Bill H 1083 (2025-2026)Summary date: May 12 2026 - View Summary
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Bill H 1083 (2025-2026)Summary date: Apr 28 2026 - View Summary
Enacts Article 52, the “Voluntary Portable Benefits Plan Act,” to GS Chapter 66 authorizing any person or entity, whether public or private, including an internet or application-based company, to voluntarily contribute funds to a portable benefit account for an independent contractor. Defines portable benefit plan as one that is administered by a third-party benefit plan provider chosen by the independent contractor and assigned to a beneficiary rather than to a hiring party and includes, but is not limited to (1) health, unemployment, income replacement, disability, or life insurance and (2) retirement benefits. Defines four other terms. Clarifies that contributions by a hiring party to any portable benefit account cannot be treated as evidence that a worker is an employee of the hiring party under State unemployment insurance, worker's compensation, taxation, or labor laws. Specifies two means of making contributions to a portable benefits fund, including the hiring party’s funds or a percentage of funds withheld from compensation owed to an independent contractor under the conditions described. Authorizes the hiring party to deduct 100% of the amount contributed to a portable benefit plan during the appliable tax year. Authorizes an independent contractor to deduct 100% of the amount contributed by the hiring party during the applicable tax year.
Effective July 1, 2026, appropriates $10,000 from the General Fund to the Department of Labor for 2026-27 to educate the general public about the act.
Effective July 1, 2026.