specified automobile manufacturer

(4) Determination of at-risk status For purposes of this subsection— (A) In general A plan is in at-risk status for a plan year if— (i) the funding target attainment percentage for the preceding plan year (determined under this section without regard to this subsection) is less than 80 percent, and (ii) the funding target attainment percentage for the preceding plan year (determined under this section by using the additional actuarial assumptions described in paragraph (1)(B) in computing the funding target) is less than 70 percent. (B) Transition rule In the case of plan years beginning in 2008, 2009, and 2010, subparagraph (A)(i) shall be applied by substituting the following percentages for “80 percent”: (i) 65 percent in the case of 2008. (ii) 70 percent in the case of 2009. (iii) 75 percent in the case of 2010. In the case of plan years beginning in 2008, the funding target attainment percentage for the preceding plan year under subparagraph (A) may be determined using such methods of estimation as the Secretary of the Treasury may provide. (C) Special rule for employees offered early retirement in 2006 (i) In general For purposes of subparagraph (A)(ii), the additional actuarial assumptions described in paragraph (1)(B) shall not be taken into account with respect to any employee if— (I) such employee is employed by a specified automobile manufacturer, (II) such employee is offered a substantial amount of additional cash compensation, substantially enhanced retirement benefits under the plan, or materially reduced employment duties on the condition that by a specified date (not later than December 31, 2010 ) the employee retires (as defined under the terms of the plan), (III) such offer is made during 2006 and pursuant to a bona fide retirement incentive program and requires, by the terms of the offer, that such offer can be accepted not later than a specified date (not later than December 31, 2006 ), and (IV) such employee does not elect to accept such offer before the specified date on which the offer expires. (ii) Specified automobile manufacturer For purposes of clause (i), the term “specified automobile manufacturer” means— (I) any manufacturer of automobiles, and (II) any manufacturer of automobile parts which supplies such parts directly to a manufacturer of automobiles and which, after a transaction or series of transactions ending in 1999, ceased to be a member of a controlled group which included such manufacturer of automobiles.

Source

29 USC § 1083(i)(4)


Scoping language

For purposes of this subsection
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