Source
(Added Pub. L. 93–406, title II, § 1014, Sept. 2, 1974, 88 Stat. 924; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–364, title II, § 208(d), Sept. 26, 1980, 94 Stat. 1290; Pub. L. 100–647, title I, § 1011(h)(10), title VI, § 6058(a)–(c), Nov. 10, 1988, 102 Stat. 3466, 3698, 3699; Pub. L. 101–508, title XI, § 11704(a)(4), Nov. 5, 1990, 104 Stat. 1388–518.)
References in Text
The last sentence of section
4971
(a), referred to in subsec. (b)(6), was struck out by
Pub. L. 100–203, title IX, § 9305(a)(2)(A), Dec. 22, 1987,
101 Stat. 1330–351.
The Employee Retirement Income Security Act of 1974, referred to in subsec. (b)(6), is
Pub. L. 93–406, Sept. 2, 1974,
88 Stat. 829, as amended. Part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 is classified generally to part 1 (§ 1381 et seq.) of subtitle
E of subchapter
III of chapter
18 of Title
29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section
1001 of Title
29 and Tables.
The date of enactment of the Technical and Miscellaneous Revenue Act of 1988, referred to in subsec. (c)(4)(B), is the date of enactment of
Pub. L. 100–647, which was approved Nov. 10, 1988.
Amendments
1990—Subsec. (c)(7)(B).
Pub. L. 101–508 substituted “Assets” for “Asset” in heading.
1988—Subsec. (b)(9).
Pub. L. 100–647, § 1011(h)(10), added par. (9).
Subsec. (c).
Pub. L. 100–647, § 6058(c), struck out at end “Allocations of amounts under paragraphs (4), (5), and (6), among the employers maintaining the plan, shall not be inconsistent with regulations prescribed for this purpose by the Secretary.”
Subsec. (c)(4).
Pub. L. 100–647, § 6058(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The minimum funding standard provided by section
412 shall be determined as if all participants in the plan were employed by a single employer.”
Subsec. (c)(6).
Pub. L. 100–647, § 6058(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “Each applicable limitation provided by section
404
(a) shall be determined as if all participants in the plan were employed by a single employer. The amounts contributed to or under the plan by each employer who maintains the plan, for the portion of this taxable year which is included within such a plan year, shall be considered not to exceed such a limitation if the anticipated employer contributions for such plan year (determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary) do not exceed such limitation. If such anticipated contributions exceed such a limitation, the portion of each such employer’s contributions which is not deductible under section
404 shall be determined in accordance with regulations prescribed by the Secretary.”
Subsec. (c)(7).
Pub. L. 100–647, § 6058(c), added par. (7).
1980—Subsec. (b)(6).
Pub. L. 96–364 inserted provisions relating to withdrawal liability of employer.
1976—Subsecs. (b), (c).
Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Effective Date of 1988 Amendment
Amendment by section 1011(h)(10) of
Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99–514, to which such amendment relates, see section 1019(a) of
Pub. L. 100–647, set out as a note under section
1 of this title.
Section 6058(d) of
Pub. L. 100–647 provided that: “Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to plan years beginning after the date of the enactment of this Act [Nov. 10, 1988].”
Effective Date of 1980 Amendment
Amendment by
Pub. L. 96–364 effective Sept. 26, 1980, see section 210(a) of
Pub. L. 96–364, set out as an Effective Date note under section
418 of this title.
Effective Date
Section applicable, except as otherwise provided in section 1017(c) through (i) of
Pub. L. 93–406, for plan years beginning after Sept. 2, 1974, and, in the case of plans in existence on Jan. 1, 1974, for plan years beginning after Dec. 31, 1975, see section 1017 of
Pub. L. 93–406, set out as an Effective Date; Transitional Rules note under section
410 of this title.