US Code collection
> > > > > >

NOTES:


Source

(Added , title II, § 2004(a)(2), Sept. 2, 1974, ; amended , title VIII, § 803(b)(4), (f), title XV, §§ 1501(b)(3), , 1511 (a), title XIX, §§ 1901(a)(65), (b)(8)(D), 1906 (b)(13)(A), Oct. 4, 1976, , 1589, 1735–1737, 1741, 1775, 1794, 1834; , title I, §§ 141(f)(7), , , Nov. 6, 1978, , 2800; , title I, § 101(a)(7)(L)(i)(VII), (iv)(I), (10)(I), (J)(iii), (11), 94 Stat. 199, 200, 203, 204; , title II, § 222(a), Dec. 28, 1980, ; , title III, §§ 311(g)(4), (h)(3), , Aug. 13, 1981, , 282, 297; , title II, §§ 235(a)–(e), 238(d)(5), 251(c)(1), (2), 253(a), Sept. 3, 1982, , 513, 530, 532; , title I, § 122(c)(5), Apr. 20, 1983, ; , div. A, title I, § 15, title IV, § 491(d)(28)–(32), (e)(6), title (V), § 528(a), title VII, § 713(a)(1), (3), (d)(4)(B), (7), (k), July 18, 1984, , 850, 853, 876, 955, 956, 958, 960; , title XI, §§ 1106(a)–(c)(1), (e)–(g), 1108(g)(5), 1114(b)(12), 1174(d)(1), (2), title XVIII, §§ 1847(b)(4), 1852 (h)(2), (3), 1875 (c)(9), (11), 1898 (b)(15)(C), 1899A (13), Oct. 22, 1986, , 2422, 2424, 2425, 2434, 2451, 2518, 2856, 2869, 2895, 2951, 2958; , title I, §§ 1011(d)(2), (3), (6), (7), , (8)(D), title VI, §§ 6054(a), , Nov. 10, 1988, , 3460, 3588, 3589, 3696, 3699; , title VII, § 7304(c)(1), Dec. 19, 1989, ; , title V, § 521(b)(23)–(25), July 3, 1992, , 312; , title VII, §§ 732(b), 767 (b), Dec. 8, 1994, , 5038; , title I, §§ 1434(a), , (b)(1), (c), (d), , 1449 (b), 1452 (a), (c)(1)–(6), 1704(t)(75), Aug. 20, 1996, , 1809–1811, 1814, 1816, 1891; , title XV, §§ 1526(a), (b), 1527 (a), 1530 (c)(3), (4), Aug. 5, 1997, , 1078; , § 1(a)(7) [title III, § 314(e)(1)], Dec. 21, 2000, , 2763A–643; , title VI, §§ 611(a), (b), (h), , (3)(C)–(F), (b)(1), 641(e)(9), (10), 654(a), (b), June 7, 2001, , 97, 100, 113–115, 121, 130, 131; , title IV, § 411(p)(4), Mar. 9, 2002, .)

Amendment of Section
For termination of amendment by section 901 of , see Effective and Termination Dates of 2001 Amendment note below.

References in Text
The Social Security Act, referred to in subsecs. (b)(8) and (d)(2)(B), is act Aug. 14, 1935, ch. 531, , as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Sections 215(i)(2)(A) and 216(l) of the Act enacted sections and of Title , respectively. For complete classification of this Act to the Code, see Tables. The date of the enactment of this clause, referred to in subsec. (b)(10)(C)(ii), is the date of enactment of , which was approved Aug. 20, 1996.

Amendments
2002—Subsec. (c)(7). amended heading and text of par. (7) generally, substituting provisions relating to special rules relating to church plans for provisions relating to certain contributions by church plans not treated as exceeding limit and adding provisions relating to foreign missionaries and definitions of “church” and “convention or association of churches”. 2001—Subsec. (a)(2). , §§ 632(a)(3)(C), , temporarily struck out “, and the amount of the contribution for such portion shall reduce the exclusion allowance as provided in section ” before period at end. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(1)(A). , §§ 611(a)(1)(A), , temporarily substituted “$160,000” for “$90,000”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(2)(A), (B). , §§ 641(e)(9), , temporarily substituted “403(b)(8), 408(d)(3), and 457(e)(16)” for “and 408(d)(3)”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(2)(C). , §§ 611(a)(1)(B), (2), , in heading temporarily substituted “$160,000” for “$90,000” and “age 62” for “the social security retirement age” and in text temporarily substituted “age 62” for “the social security retirement age” in two places, “$160,000” for “$90,000” in two places, and struck out at end “The reduction under this subparagraph shall be made in such manner as the Secretary may prescribe which is consistent with the reduction for old-age insurance benefits commencing before the social security retirement age under the Social Security Act.” See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(2)(D). , §§ 611(a)(1)(B), (3), , in heading temporarily substituted “$160,000” for “$90,000” and “age 65” for “the social security retirement age” and in text temporarily substituted “age 65” for “the social security retirement age” in two places and “$160,000” for “$90,000” in two places. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(2)(F). , §§ 611(a)(5)(A), , temporarily struck out subpar. (F), which related to the application of subpars. (C) and (D) in the case of a governmental plan, a plan maintained by a tax-exempt organization, or a qualified merchant marine plan and defined “qualified merchant marine plan”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(7). , §§ 654(a)(2), , temporarily inserted “(other than a multiemployer plan)” after “defined benefit plan” in introductory provisions. See Effective and Termination Dates of 2001 Amendment note below. , §§ 611(a)(1)(C), , temporarily substituted “one-half the amount otherwise applicable for such year under paragraph (1)(A) for ‘$160,000’ ” for “the greater of $68,212 or one-half the amount otherwise applicable for such year under paragraph (1)(A) for ‘$90,000’ ” in concluding provisions. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(9). , §§ 611(a)(5)(B), , temporarily amended par. (9) generally, substituting present provisions for provisions which provided that, in the case of any participant who was a commercial airline pilot, the rule of par. (2)(F)(i)(II) would apply, and if, as of the time of the participant’s retirement, regulations prescribed by the Federal Aviation Administration required an individual to separate from service as a commercial airline pilot after attaining any age occurring on or after age 60 and before the social security retirement age, par. (2)(C) would be applied by substituting such age for the social security retirement age, and provisions which provided that if a participant separated from service before age 60, the rules of par. (2)(F) would apply. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(10)(C)(i). , §§ 611(a)(5)(C), , temporarily struck out “applied without regard to paragraph (2)(F)” before period at end. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (b)(11). , §§ 654(a)(1), , temporarily amended heading and text of par. (11) generally. Prior to amendment, text read as follows: “In the case of a governmental plan (as defined in section ), subparagraph (B) of paragraph (1) shall not apply.” See Effective and Termination Dates of 2001 Amendment note below. Subsec. (c)(1)(A). , §§ 611(b)(1), , temporarily substituted “$40,000” for “$30,000”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (c)(1)(B). , §§ 632(a)(1), , temporarily substituted “100 percent” for “25 percent”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (c)(2). , §§ 641(e)(10), , temporarily substituted “408(d)(3), and 457(e)(16)” for “and 408(d)(3)” in concluding provisions. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (c)(3)(E). , §§ 632(a)(3)(D), , temporarily added subpar. (E). See Effective and Termination Dates of 2001 Amendment note below. Subsec. (c)(4). , §§ 632(a)(3)(E), , temporarily struck out par. (4), which related to special election for section contracts purchased by educational organizations, hospitals, home health service agencies, certain churches, and other organizations. Subsec. (c)(7). , §§ 632(a)(3)(F), , temporarily amended par. (7) generally, redesignating cls. (i) and (ii) of subpar. (B) as subpars. (A) and (B), respectively, reenacting subpar. (C) without change, striking out former subpar. (A), which directed that any contribution or addition with respect to any participant, when expressed as an annual addition, which was allocable to the application of section to such participant for such year, would be treated as not exceeding the limitations of par. (1), and striking out former subpar. (B), cl. (iii), which prohibited making of election under this subpar. for any year if an election had been made under former par. (4)(A) for such year. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (d)(1)(A). , §§ 611(a)(4)(A), , temporarily substituted “$160,000” for “$90,000”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (d)(1)(C). , §§ 611(b)(2)(A), , temporarily substituted “$40,000” for “$30,000”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (d)(3)(A). , §§ 611(a)(4)(B), , in heading temporarily substituted “$160,000” for “$90,000” and in text temporarily substituted “July 1, 2001” for “October 1, 1986”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (d)(3)(D). , §§ 611(b)(2)(B), , in heading temporarily substituted “$40,000” for “$30,000” and in text temporarily substituted “July 1, 2001” for “October 1, 1993”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (d)(4). , §§ 611(h), , temporarily reenacted heading without change and amended text of par. (4) generally. Prior to amendment, text read as follows: “Any increase under subparagraph (A) or (C) of paragraph (1) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.” See Effective and Termination Dates of 2001 Amendment note below. Subsec. (f)(3). , §§ 654(b)(1), , temporarily added par. (3). See Effective and Termination Dates of 2001 Amendment note below. Subsec. (g). , §§ 654(b)(2), , temporarily substituted “Except as provided in subsection (f)(3), the Secretary” for “The Secretary”. See Effective and Termination Dates of 2001 Amendment note below. Subsec. (k)(4). , §§ 632(b)(1), , temporarily added par. (4). See Effective and Termination Dates of 2001 Amendment note below. 2000—Subsec. (c)(3)(D)(ii). substituted “section , , or” for “section or”. 1997—Subsec. (b)(2)(G). , § 1527(a), substituted “participant, subparagraph (C) of this paragraph shall not apply.” for “participant— “(i) subparagraph (C) shall not reduce the limitation of paragraph (1)(A) to an amount less than $50,000, and “(ii) the rules of subparagraph (F) shall apply. The Secretary shall adjust the $50,000 amount in clause (i) at the same time and in the same manner as under section .” Subsec. (c)(6). , § 1530(c)(3), inserted concluding provisions “The amount of any qualified gratuitous transfer (as defined in section ) allocated to a participant for any limitation year shall not exceed the limitations imposed by this section, but such amount shall not be taken into account in determining whether any other amount exceeds the limitations imposed by this section.” Subsec. (e)(6), (7). , § 1530(c)(4), added par. (6) and redesignated former par. (6) as (7). Subsec. (k)(3). , § 1526(b), added par. (3). Subsec. (n). , § 1526(a), added subsec. (n). 1996—Subsec. (a)(1). , § 1452(c)(1), inserted “or” at end of subpar. (A), struck out “, or” at end of subpar. (B), and struck out subpar. (C) which read as follows: “in any case in which an individual is a participant in both a defined benefit plan and a defined contribution plan maintained by the employer, the trust has been disqualified under subsection (g).” Subsec. (b)(2)(E)(i). , § 1449(b)(1), substituted “For purposes of adjusting any limitation under subparagraph (C) and, except as provided in clause (ii), for purposes of adjusting any benefit under subparagraph (B),” for “Except as provided in clause (ii), for purposes of adjusting any benefit or limitation under subparagraph (B) or (C),”. Subsec. (b)(2)(E)(ii). , § 1449(b)(2), substituted “For purposes of adjusting any benefit under subparagraph (B) for any form of benefit subject to section ,” for “For purposes of adjusting the benefit or limitation of any form of benefit subject to section ,”. Subsec. (b)(2)(I). , § 1444(c), added subpar. (I). Subsec. (b)(5)(B). , § 1452(c)(2), struck out “and subsection (e)” after “and (4)”. Subsec. (b)(10)(C). , § 1444(d), designated existing provisions as cl. (i), inserted heading, and added cl. (ii). Subsec. (b)(11). , § 1444(a), added par. (11). Subsec. (c)(3)(C). , § 1446(a), inserted at end “If a defined contribution plan provides for the continuation of contributions on behalf of all participants described in clause (i) for a fixed or determinable period, this subparagraph shall be applied without regard to clauses (ii) and (iii).” Subsec. (c)(3)(D). , § 1434(a), added subpar. (D). Subsec. (e). , § 1452(a), struck out subsec. (e) which related to limitation in case of a defined benefit plan and a defined contribution plan for same employee. Subsec. (f)(1). , § 1452(c)(3), in introductory provisions, substituted “subsections (b) and (c)” for “subsections (b), (c), and (e)”. Subsec. (g). , § 1452(c)(4), in last sentence, substituted “subsection (f)” for “subsections (e) and (f)”. Subsec. (k)(1)(C) to (F). , § 1704(t)(75), inserted “or” at end of subpar. (C), redesignated subpar. (F) as (D), and struck out former subpars. (D) and (E) which read as follows: “(D) an individual retirement account described in section , “(E) an individual retirement annuity described in section , or”. Subsec. (k)(2)(A)(i). , § 1452(c)(5), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “any contribution made directly by an employee under such arrangement— “(I) shall not be treated as an annual addition for purposes of subsection (c), but “(II) shall be so treated for purposes of subsection (e), and”. Subsec. (k)(2)(A)(ii). , § 1452(c)(6), substituted “subsection (c)” for “subsections (c) and (e)” before “shall not again”. Subsec. (m). , § 1444(b)(1), added subsec. (m). 1994—Subsec. (b)(2)(E). , § 767(b), added cls. (i), (ii), and (v), redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively, and struck out former cl. (i) which read as follows: “For purposes of adjusting any benefit or limitation under subparagraph (B) or (C), the interest rate assumption shall not be less than the greater of 5 percent or the rate specified in the plan.” Subsec. (c)(1)(A). , § 732(b)(2), struck out “(or, if greater, 1/4 of the dollar limitation in effect under subsection (b)(1)(A))” after “$30,000”. Subsec. (d). , § 732(b)(1), amended subsec. (d) generally, substituting present provisions for provisions authorizing annual cost-of-living adjustments, outlining base periods, and providing for a freeze on adjustment to defined contribution and benefit limits. 1992—Subsecs. (b)(2)(A), (B), (c)(2). substituted “402(c)” for “402(a)(5)”. 1989—Subsec. (c)(6). substituted “Special rule for employee stock ownership plans” for “Special limitation for employee stock ownership plan” in heading and amended text generally, substituting introductory provisions and subpars. (A) and (B) for former subpars. (A) to (C). 1988—Subsec. (b)(2)(H)(ii). , § 6059(a), substituted “15” for “20”. Subsec. (b)(5)(B). , § 1011(d)(6), inserted “and subsection (e)” after “paragraphs (1)(B) and (4)”. Subsec. (b)(5)(D). , § 1011(d)(2), substituted “subparagraph (A)” for “this paragraph”. Subsec. (b)(10). , § 6054(a), added par. (10). Subsec. (c)(6)(A). , § 1011(d)(7), substituted “paragraph (1)(A)” for “paragraph (c)(1)(A) (as adjusted for such year pursuant to subsection (d)(1))” and for “paragraph (c)(1)(A) (as so adjusted)”. Subsec. (k). , § 1018(t)(8)(D), repealed , § 1899A(13), see 1986 Amendment note below. Subsec. (k)(2)(C)(ii). , § 1011(d)(3)(A), substituted “to such increase” for “to the arrangement”. Subsec. (k)(2)(D). , § 1011(d)(3)(B), added subpar. (D) and struck out former subpar. (D) which read as follows: “An arrangement meets the requirements of this subparagraph only if it is elective, it is available under the same terms to all participants, and it provides that such election may be made in— “(i) the year in which the participant— “(I) attains the earliest retirement age under the defined benefit plan (determined without regard to any requirement of separation from service), or “(II) separates from service, or “(ii) both such years.” Subsec. (l)(1). , § 1018(t)(3)(B), made technical correction to directory language of , § 1852(h)(2). See 1986 Amendment note below. 1986—Subsec. (b)(2)(B). , § 1898(b)(15)(C), substituted reference to section for reference to section . Subsec. (b)(2)(C). , § 1106(b)(1)(A), substituted in heading and in two places in text “the social security retirement age” for “age 62” and substituted new last sentence for “The reduction under this subparagraph shall not reduce the limitation of paragraph (1)(A) below— “(i) if the benefit begins at or after age 55, $75,000, or “(ii) if the benefit begins before age 55, the amount which is the equivalent of the $75,000 limitation for age 55.” Subsec. (b)(2)(D). , § 1106(b)(1)(A)(i), substituted in heading and in two places in text “the social security retirement age” for “age 65”. Subsec. (b)(2)(E)(iii). , § 1875(c)(9), substituted “this subsection” for “adjusting any benefit or limitation under subparagraph (B), (C), or (D)”. Subsec. (b)(2)(F) to (H). , § 1106(b)(2), added subpars. (F) to (H). Subsec. (b)(5). , § 1106(f), substituted “Reduction for participation or service of less than 10 years” for “Reduction for service less than 10 years” in heading and amended text generally. Prior to amendment, text read as follows: “In the case of an employee who has less than 10 years of service with the employer, the limitation referred to in paragraph (1), and the limitation referred to in paragraph (4), shall be the limitation determined under such paragraph (without regard to this paragraph), multiplied by a fraction, the numerator of which is the number of years (or part thereof) of service with the employer and the denominator of which is 10.” Subsec. (b)(8). , § 1106(b)(1)(B), added par. (8). Subsec. (b)(9). , § 1106(b)(3), added par. (9). Subsec. (c)(1)(A). , § 1106(a), amended subpar. (A) generally, inserting “(or, if greater, 1/4 of the dollar limitation in effect under subsection (b)(1)(A))”. Subsec. (c)(2). , § 1108(g)(5), substituted “which are excludable from gross income under section ” for “allowable as a deduction under section , and without regard to deductible employee contributions within the meaning of section ” in last sentence. , § 1106(e)(2), inserted at end “Subparagraph (B) of paragraph (1) shall not apply to any contribution for medical benefits (within the meaning of section ) after separation from service which is treated as an annual addition.” Subsec. (c)(2)(B). , § 1106(e)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the lesser of— “(i) the amount of the employee contributions in excess of 6 percent of his compensation, or “(ii) one-half of the employee contributions, and”. Subsec. (c)(3)(C). , § 1875(c)(11), substituted “any defined contribution plan” for “a profit-sharing or stock bonus plan”. Subsec. (c)(3)(C)(i). , § 1847(b)(4), substituted “section ” for “section 37 (e)(3)”. Subsec. (c)(3)(C)(ii). , § 1114(b)(12), substituted “a highly compensated employee (within the meaning of section )” for “an officer, owner, or highly compensated”. Subsec. (c)(4)(A) to (C). , § 1106(b)(4), inserted “a health and welfare service agency,” after “a home health service agency,”. Subsec. (c)(6)(A). , § 1174(d)(1), substituted “highly compensated employees (within the meaning of section )” for “the group of employees consisting of officers, shareholders owning more than 10 percent of the employer’s stock (determined under subparagraph (B)(iv)), or employees described in subparagraph (B)(iii)”. Subsec. (c)(6)(B)(iii), (iv). , § 1174(d)(2)(A), struck out cls. (iii) and (iv) which read as follows: “(iii) an employee described in this clause is any participant whose compensation for a year exceeds an amount equal to twice the amount described in paragraph (1)(A) for such year (as adjusted for such year pursuant to subsection (d)(1)), determined without regard to subparagraph (A) of this paragraph, and “(iv) an individual shall be considered to own more than 10 percent of the employer’s stock if, without regard to stock held under the employee stock ownership plan, he owns (after application of section ) more than 10 percent of the total combined voting power of all classes of stock entitled to vote or more than 10 percent of the total value of shares of all classes of stock.” Subsec. (c)(6)(C). , § 1174(d)(2)(B), substituted “highly compensated employees (within the meaning of section )” for “the group of employees consisting of officers, shareholders owning more than 10 percent of the employer’s stock (determined under subparagraph (B)(iv)), or employees described in subparagraph (B)(iii)”. Subsec. (d)(1)(B), (C). , § 1106(g)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B), which related to the $30,000 amount in subsection (c)(1)(A). Subsec. (d)(2)(A). , § 1106(g)(2)(A), substituted “subparagraph (A)” for “subparagraphs (A) and (B)”. Subsec. (d)(2)(B). , § 1106(g)(2)(B), substituted “subparagraph (B)” for “subparagraph (C)”. Subsec. (d)(3). , § 1106(g)(3), substituted “subparagraph (A)” for “subparagraph (A) or (B)”. Subsec. (k). , § 1899A(13), which directed the general amendment of subsec. (k) by striking out par. (1) designation and redesignating subpars. (A) to (F) as pars. (1) to (6), respectively, was repealed by , § 1018(t)(8)(D). Subsec. (k)(2). , § 1106(c)(1), added par. (2) relating to contributions to provide cost-of-living protection under defined benefit plans. Subsec. (l). , § 1852(h)(3), substituted “a pension or annuity plan” for “a defined benefit plan” in pars. (1) and (2)(A). , § 1852(h)(2), as amended by , § 1018(t)(3)(B), inserted at end of par. (1) “Subparagraph (B) of subsection (c)(1) shall not apply to any amount treated as an annual addition under the preceding sentence.” 1984—Subsec. (a)(2). , § 491(d)(28), struck out subpar. (D) which related to application of this section to a plan described in section , and in provision following subpar. (C) struck out “405(a),” after “403(b),”. Subsec. (b)(2)(A), (B). , § 491(d)(29), (30), substituted “and 408(d)(3)” for “408(d)(3) and 409(b)(3)(C)”. Subsec. (b)(2)(C). , § 713(a)(1)(A), substituted provision respecting determination as to whether $90,000 limitation has been satisfied by reducing the limitation of par. (1)(A) so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement income benefit begins) which is equivalent to a $90,000 annual benefit beginning at age 62 for provision for such determination by adjusting the benefit so that it is equivalent to such a benefit beginning at age 62. Subsec. (b)(2)(D). , § 713(a)(1)(B), substituted “limit” for “limitation” in heading, and in text substituted provision respecting determination as to whether $90,000 limitation has been satisfied by increasing the limitation of par. (1)(A) so that such limitation (as so increased) equals an annual benefit (beginning when such retirement income benefit begins) which is equivalent to a $90,000 annual benefit beginning at age 65 for provision for such determination by adjusting the benefit so that it is equivalent to such a benefit beginning at age 65. Subsec. (b)(2)(E). , § 713(a)(1)(C), provided in cls. (i) and (iii) for adjustment of any limitation and substituted in cl. (ii) “any limitation” for “any benefit”. Subsec. (c)(2). , § 491(d)(31), substituted “and 408(d)(3)” for “405(d)(3), 408(d)(3), and 409(b)(3)(C)”. Subsec. (c)(3)(C). , § 713(k), inserted in introductory text “in a profit-sharing or stock bonus plan”, and substituted in last sentence “if contributions made with respect to amounts treated as compensation under this subparagraph” for “if contributions made with respect to such participant”. Subsec. (c)(6)(B)(ii). , § 491(e)(6), substituted “section ” for “section ”. Subsec. (c)(6)(C). , § 713(d)(4)(B)(i)–(iii), substituted “paragraph (9)” for “paragraph (10)” of section , section “404(a)(9)(A)” for “404(a)(10)(A)”, and section “404(a)(9)(B)” for “404(a)(10)(B)”. Subsec. (c)(7), (8). , § 713(d)(7)(A), redesignated par. (8) as (7), and struck out former par. (7) relating to certain level premium annuity contracts under plans benefiting owner-employees. Subsec. (d)(2)(A). , § 15(b), substituted “1986” for “1984”. Subsec. (d)(3). , § 15(a), substituted “January 1, 1988” for “January 1, 1986”. Subsec. (e)(3)(B)(ii)(II). , § 713(d)(7)(B), struck out reference to subsec. (c)(8). Subsec. (e)(6)(C). , § 713(a)(3), added subpar. (C). Subsec. (k)(1). , § 491(d)(32), struck out subpars. (C) and (H), which included a qualified bond purchase plan described in section and an individual retirement bond described in section within the term “defined contribution plan” or “defined benefit plan”, respectively, and redesignated subpars. (D) to (G) as (C) to (F), respectively. Subsec. (l). , § 528(a), added subsec. (l). 1983—Subsec. (c)(3)(C)(i). substituted “section 37 (e)(3)” for “section ”. 1982—Subsec. (b)(1)(A). , § 235(a)(1), substituted “$90,000” for “$75,000”. Subsec. (b)(2)(C). , § 235(a)(3)(A), (e)(1), (2), inserted provisions relating to reduction under this subparagraph, and substituted “$90,000” for “$75,000” and “62” for “55”, wherever appearing. Subsec. (b)(2)(D), (E). , § 235(e)(3), (4), added subpars. (D) and (E). Subsec. (b)(7). , § 235(a)(3)(B), substituted “the greater of $68,212 or one-half the amount otherwise applicable for such year under paragraph (1)(A) for ‘$90,000’ ” for “ ‘37,500’ for ‘75,000’ ”. Subsec. (c)(1)(A). , § 235(a)(2), substituted “$30,000” for “$25,000”. Subsec. (c)(3). , § 253(a), designated existing provisions as subpars. (A) and (B) and added subpar. (C). Subsec. (c)(4). , § 251(c)(1), substituted “, home health service agencies, and certain churches, etc.” for “and home health service agencies” in heading, in subpar. (A) inserted “(as determined for purposes of section )” after “by taking into account his service for the employer”, substituted “a home health service agency, or a church, convention or association of churches, or an organization described in section ” for “or a home health service agency” in subpars. (A), (B) and (C), respectively, and, in subpar. (D), added cl. (iv). Subsec. (c)(5). , § 238(d)(5), struck out par. (5) relating to application with section . Subsec. (c)(8). , § 251(c)(2), added par. (8). Subsec. (d)(1). , § 235(b)(1), substituted “benefit amounts” for “primary insurance amounts” in provision following subpar. (C). , § 235(b)(3), substituted “$90,000” for “$75,000” in subpar. (A), and in subpar. (B) substituted “$30,000” for “$25,000”. Subsec. (d)(2)(A). , § 235(b)(2)(B), substituted “1984” for “1974”. Subsec. (d)(3). , § 235(b)(2)(A), added par. (3). Subsec. (e)(1). , § 235(c)(1), substituted “1.0” for “1.4”. Subsec. (e)(2)(B). , § 235(c)(2)(A), substituted provisions that for purposes of this subsection, the defined benefit plan fraction for any year has a denominator which is the lesser of the product of 1.25 multiplied by the dollar limitation in effect under subsec. (b)(1)(A) for such year, or the product of 1.4 multiplied by the amount which may be taken into account under subsec. (b)(1)(B) with respect to such individual under the plan for such year, for provisions that such benefit plan fraction had a denominator which was the projected annual benefit of the participant under the plan (determined as of the close of the year) if the plan provided the maximum benefit allowable under subsec. (b). Subsec. (e)(3)(B). , § 235(c)(2)(B), substituted provision that the defined contribution plan fraction for any year has a denominator which, determined for such year and for each prior year of service with the employer, is the lesser of either the product of 1.25 multiplied by the dollar limitation in effect under subsec. (c)(1)(A) for such year (determined without regard to subsec. (c)(6)), or the product of 1.4 multiplied by the amount which may be taken into account under subsec. (c)(1)(B) (or subsec. (c)(7) or (8), if applicable) with respect to such individual under such plan for such year, for provision that the denominator of such fraction was the sum of the maximum amount of annual additions to the participant’s account which could have been made under subsec. (c) for such year and for each prior year of service with the employer (determined without regard to subsec. (c)(6)). Subsec. (e)(6). , § 235(d), added par. (6). 1981—Subsec. (a)(2). , § 311(g)(4)(A), struck out in provision preceding subpar. (A) “Except as provided in paragraph (3)”, redesignated former subpar. (E) as (C), and in subpar. (C) as so designated, inserted “described in section , or”, redesignated former subpar. (F) as (D), struck out former subpars. (C), relating to an individual retirement account described under section , (D), relating to an individual retirement annuity described in section , and (G), relating to a retirement bond described in section , and in provision following subpar. (D), substituted “such a contract, plan, or pension,” for “such contract, annuity plan, account, annuity, plan, or bond” and “408(k)” for “408(a), 408(b), or 409”. Subsec. (a)(3). , § 311(h)(3), struck out par. (3) which provided that par. (2) not apply to an account, annuity, or bond described in section , , or , established for the benefit of the spouse of the individual contributing to such account, or for such annuity or bond, if a deduction is allowed under section to such individual with respect to such contribution for such year. Subsec. (c)(2). , § 311(g)(4)(B), included in provision following subpar. (C) references to sections and and inserted “without regard to employee contributions to a simplified employee pension allowable as a deduction under section , and without regard to deductible employee contributions within the meaning of section ”. Subsec. (c)(6)(C). , § 333(b)(1), added subpar. (C). Subsec. (e)(5). , § 311(g)(4)(C), struck out “, any individual retirement account described in section , any individual retirement annuity described in section , and any retirement bond described in section ,” before “for the benefit”. 1980—Subsec. (b)(7). , § 101(a)(11), substituted in subpar. (C) “under which benefits are determined solely by reference to length of service, the particular years during which service was rendered, age at retirement, and date of retirement” for “benefits under which are determined by multiplying a specified amount (which is the same amount for each participant) by the number of the participant’s years of service” and inserted in text following subpar. (E) provisions requiring that this paragraph not apply to a participant for any period for which he is a participant under another plan to which this section applies which is maintained by an employer maintaining this plan. Subsec. (c)(6)(A). inserted “, or purchased with cash contributed,” after “securities contributed”. Subsec. (c)(6)(B)(i). , § 101(a)(7)(L)(i)(VII), (iv)(I), substituted “a tax credit employee stock ownership plan” for “an ESOP” and struck out “leveraged” before “employee”. Subsec. (e)(5). , § 101(a)(10)(I), inserted provisions requiring that for purposes of this section, any contribution by an employer to a simplified employee pension for an individual for a taxable year be treated as an employer contribution to a defined contribution plan for such individual for such year. 1978—Subsec. (a)(2). , § 152(g)(1), (2), as amended by , § 101(a)(10)(J)(iii), added subpar. (E), redesignated former subpars. (E) and (F) as (F) and (G), respectively, and in provision following subpar. (G) as so redesignated, inserted “408(k),” after “408(b),”. Subsec. (b)(7). , § 153(a), added par. (7). Subsec. (c)(6)(B)(i). , § 141(f)(7), substituted “leveraged employee stock ownership plan (within the meaning of section ) or an ESOP” for “a plan which meets the requirements of section or section 301(d) of the Tax Reduction Act of 1975”. Subsec. (c)(6)(B)(ii). , § 141(f)(7), substituted “has the meaning given to such term by section ” for “means, in the case of an employee stock ownership plan within the meaning of section , qualifying employer securities within the meaning of section , but only if they are described in section 301(d)(9)(A) of the Tax Reduction Act of 1975, or, in the case of an employee stock ownership plan described in section 301(d)(2) of the Tax Reduction Act of 1975, employer securities within the meaning of section 301(d)(9)(A) of such Act”. Subsec. (e)(5). , § 152(g)(3), inserted “any simplified employee pension,” after “section ,”. Subsec. (k)(1)(G), (H). , § 152(g)(4), added subpar. (G) and redesignated former subpar. (G) as (H). 1976—Subsec. (a)(2). , § 1501(b)(3)(A), substituted “Except as provided in paragraph (3), in the case” for “In the case”. Subsec. (a)(3). , § 1501(b)(3)(B), added par. (3). Subsec. (b)(2)(A). , § 1901(a)(65)(A), inserted closing parenthesis after “409(b)(3)(C)”. Subsec. (b)(2)(B). , §§ 1901(a)(65)(B), 1906 (b)(13)(A), struck out “or his delegate” after “Secretary” and substituted “section ” for “section ”. Subsec. (b)(2)(C), (6). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (c)(4). , §§ 1901(b)(8)(D), 1906 (b)(13)(A), substituted “educational organizations” for “educational institutions” in the heading and “educational organization” for “educational institution” in subpars. (A), (B), and (C), struck out “or his delegate” after “Secretary” in subpar. (D)(i), and substituted “For purposes of this paragraph the term ‘educational organization’ means an educational organization described in section ” for “For purposes of this paragraph the term ‘educational institution’ means an educational institution as defined in section ” in subpar. (D)(ii). Subsec. (c)(5). , § 1502(a)(1), added par. (5). Subsec. (c)(6). , § 803(f)(1), added par. (6). Subsec. (c)(7). , § 1511(a), added par. (7). Subsec. (d)(1). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (e)(3)(B). , § 803(f)(2), substituted “with the employer determined without regard to paragraph (6) of such subsection)” for “with the employer”. Subsec. (e)(5). , § 803(b)(4), substituted “For purposes of this section” for “For purposes of this subsection”. Subsecs. (g), (i), (j). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

Change of Name
Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section of Title , Education.

Effective Date of 2002 Amendment
Amendment by effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, , to which such amendment relates, see section 411(x) of , set out as a note under section of this title.

Effective and Termination Dates of 2001 Amendment
, title VI, § 611(i), June 7, 2001, , as amended by , title IV, § 411(j)(3), Mar. 9, 2002, , provided that: “(1) In general.—The amendments made by this section [amending this section and sections , , , , , , and of this title] shall apply to years beginning after December 31, 2001. “(2) Defined benefit plans.—The amendments made by subsection (a) [amending this section] shall apply to years ending after December 31, 2001.” “(3) Special rule.—In the case of plan that, on June 7, 2001, incorporated by reference the limitation of section 415(b)(1)(A) of the Internal Revenue Code of 1986, section 411(d)(6) of such Code and section 204(g)(1) of the employee Retirement Income Security Act of 1974 [ U.S.C. ] do not apply to a plan amendment that— “(A) is adopted on or before June 30, 2002, “(B) reduces benefits to the level that would have applied without regard to the amendments made by subsection (a) of this section, and “(C) is effective no earlier than the years described in paragraph (2).” Amendment by section , (3)(C)–(F) of applicable to years beginning after Dec. 31, 2001, see section 632(a)(4) of , set out as a note under section of this title. , title VI, § 632(b)(2), June 7, 2001, , provided that: “(A) In general.—The amendment made by paragraph (1) [amending this section] shall apply to limitation years beginning after December 31, 1999. “(B) Exclusion allowance.—Effective for limitation years beginning in 2000, in the case of any annuity contract described in section 403(b) of the Internal Revenue Code of 1986, the amount of the contribution disqualified by reason of section 415(g) of such Code shall reduce the exclusion allowance as provided in section 403(b)(2) of such Code.” Amendment by section 641(e)(9), (10) of applicable to distributions after Dec. 31, 2001, see section 641(f)(1) of , set out as a note under section of this title. , title VI, § 654(c), June 7, 2001, , provided that: “The amendments made by this section [amending this section] shall apply to years beginning after December 31, 2001.” Amendment by inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of , set out as a note under section of this title.

Effective Date of 2000 Amendment
Amendment by effective as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see section [title III, § 314(g)] of , set out as a note under section of this title.

Effective Date of 1997 Amendment
Section 1526(c) of provided that: “(1) In general.—The amendments made by this section [amending this section] shall apply to permissive service credit contributions made in years beginning after December 31, 1997. “(2) Transition rule.— “(A) In general.—In the case of an eligible participant in a governmental plan (within the meaning of section 414(d) of the Internal Revenue Code of 1986), the limitations of section 415(c)(1) of such Code shall not be applied to reduce the amount of permissive service credit which may be purchased to an amount less than the amount which was allowed to be purchased under the terms of the plan as in effect on the date of the enactment of this Act [Aug. 5, 1997]. “(B) Eligible participant.—For purposes of subparagraph (A), an eligible participant is an individual who first became a participant in the plan before the first plan year beginning after the last day of the calendar year in which the next regular session (following the date of the enactment of this Act) of the governing body with authority to amend the plan ends.” Section 1527(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1996.” Amendment by section 1530(c)(3), (4) of applicable to transfers made by trusts to, or for the use of, an employee stock ownership plan after Aug. 5, 1997, see section 1530(d) of , set out as a note under section of this title.

Effective Date of 1996 Amendment
Amendment by section 1434(a) of applicable to years beginning after Dec. 31, 1997, see section 1434(c) of , set out as a note under section of this title. Section 1444(e) of provided that: “(1) In general.—The amendments made by subsections (a), (b), and (c) [amending this section and section of this title] shall apply to years beginning after December 31, 1994. The amendments made by subsection (d) [amending this section] shall apply with respect to revocations adopted after the date of the enactment of this Act [Aug. 20, 1997]. “(2) Treatment for years beginning before january 1, 1995.—Nothing in the amendments made by this section shall be construed to imply that a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) fails to satisfy the requirements of section 415 of such Code for any taxable year beginning before January 1, 1995.” Section 1446(b) of provided that: “The amendment made by this section [amending this section] shall apply to years beginning after December 31, 1996.” Section 1449(c) of provided that: “The amendments made by this section [amending this section and provisions set out as a note under section of this title] shall take effect as if included in the provisions of section 767 of the Uruguay Round Agreements Act [].” Section 1452(d) of provided that: “(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section and sections and of this title] shall apply to limitation years beginning after December 31, 1999. “(2) Excess distributions.—The amendment made by subsection (b) [amending section of this title] shall apply to years beginning after December 31, 1996.”

Effective Date of 1994 Amendment
Amendment by section 732(b) of applicable to years beginning after Dec. 31, 1994, and, to the extent of providing for the rounding of indexed amounts, not applicable to any year to the extent the rounding would require the indexed amount to be reduced below the amount in effect for years beginning in 1994, see section 732(e) of , set out as a note under section of this title. Amendment by section 767(b) of applicable to plan years and limitation years beginning after Dec. 31, 1994, except that employer may elect to treat such amendment as effective on or after Dec. 8, 1994, with provisions relating to reduction of accrued benefits, exception, and timing of plan amendment, see section 767(d) of , as amended, set out as a note under section of this title.

Effective Date of 1992 Amendment
Amendment by applicable to distributions after Dec. 31, 1992, see section 521(e) of , set out as a note under section of this title.

Effective Date of 1989 Amendment
Section 7304(c)(2) of provided that: “The amendment made by this subsection [amending this section] shall apply to years beginning after July 12, 1989.”

Effective Date of 1988 Amendment
Amendment by sections 1011(d)(2), (3), (6), (7) and 1018(t)(3)(B), (8)(D) of effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see section 1019(a) of , set out as a note under section of this title. Section 6054(b) of , as amended by , title VII, § 7816(h), Dec. 19, 1989, , provided that: “(1) In general.—Except as provided in this subsection, the amendment made by this section [amending this section] shall apply to years beginning after December 31, 1982. “(2) Election.—Section 415(b)(10)(C) of the 1986 Code (as added by subsection (a)) shall not apply to any year beginning before January 1, 1990.” Section 6059(b) of provided that: “The amendment made by this section [amending this section] shall apply as if included in the amendments made by section 1106(b)(2) of the Reform Act [].”

Effective Date of 1986 Amendment
Section 1106(i) of , as amended by , title I, § 1011(d)(5), title VI, § 6062(a), Nov. 10, 1988, , 3700, provided that: “(1) In general.—Except as provided in this subsection, the amendments made by this section [amending this section and sections , , , , and of this title] shall apply to years beginning after December 31, 1986. “(2) Collective bargaining agreements.—In the case of a plan in effect before March 1, 1986, pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, the amendments made by this section (other than subsection (d)) shall not apply to contributions or benefits pursuant to such agreement in years beginning before October 1, 1991. “(3) Right to higher accrued defined benefit preserved.— “(A) In general.—In the case of an individual who is a participant (as of the 1st day of the 1st year to which the amendments made by this section apply) in a defined benefit plan which is in existence on May 6, 1986, and with respect to which the requirements of section 415 of the Internal Revenue Code of 1986 have been met for all plan years, if such individual’s current accrued benefit under the plan exceeds the limitation of subsection (b) of section of such Code (as amended by this section), then (in the case of such plan), for purposes of subsections (b) and (e) of such section, the limitation of such subsection (b)(1)(A) with respect to such individual shall be equal to such current accrued benefit. “(B) Current accrued benefit defined.— “(i) In general.—For purposes of this paragraph, the term ‘current accrued benefit’ means the individual’s accrued benefit (at the close of the last year to which the amendments made by this section do not apply) when expressed as an annual benefit (within the meaning of section 415(b)(2) of such Code). “(ii) Special rule.—For purposes of determining the amount of any individual’s current accrued benefit— “(I) no change in the terms and conditions of the plan after May 5, 1986, and “(II) no cost-of-living adjustment occurring after May 5, 1986,   shall be taken into account. For purposes of subclause (I), any change in the terms and conditions of the plan pursuant to a collective bargaining agreement ratified before May 6, 1986, shall be treated as a change made before May 6, 1986. “(4) Transition rule where the sum of defined contribution and defined benefit plan fractions exceeds 1.0.—In the case of a plan which satisfied the requirements of section 415 of the Internal Revenue Code of 1986 for its last year beginning before January 1, 1987, the Secretary of the Treasury or his delegate shall prescribe regulations under which an amount is subtracted from the numerator of the defined contribution plan fraction (not exceeding such numerator) so that the sum of the defined benefit plan fraction and the defined contribution plan fraction computed under section 415(e)(1) of such Code does not exceed 1.0 for such year (determined as if the amendments made by this section were in effect for such year). “(5) Effective date for subsection (d).— “(A) In general.—Except as provided in subparagraph (B), the amendment made by subsection (d) [amending sections , , , and of this title] shall apply to benefits accruing in years beginning after December 31, 1988. “(B) Collective bargaining agreements.—In the case of a plan described in paragraph (2), the amendments made by subsection (d) shall apply to benefits accruing in years beginning on or after the earlier of— “(i) the later of— “(I) the date determined under paragraph (2)(A), or “(II) January 1, 1989, or “(ii) January 1, 1991. “(6) Special rule for amendment made by subsection (e).—The amendment made by subsection (e) [amending this section] shall not require the recomputation, for purposes of section 415(e) of the Internal Revenue Code of 1986, of the annual addition for any year beginning before 1987.” [Section 6062(b) of provided that: “The amendment made by this section [amending section 1106(i) of , set out above] shall take effect as if included in the provisions of section 1106 of the Reform Act [].”] Amendment by section 1108(g)(5) of applicable to years beginning after Dec. 31, 1986, see section 1108(h) of , set out as a note under section of this title. Amendment by section 1114(b)(12) of applicable to years beginning after Dec. 31, 1988, see section 1114(c)(3) of , set out as a note under section of this title. Section 1174(d)(3) of provided that: “The amendments made by this subsection [amending this section] shall apply to years beginning after December 31, 1986.” Amendment by sections 1847(b)(4), 1852(h)(2), (3), and 1875(c)(9), (11) of effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , div. A, to which such amendment relates, see section 1881 of , set out as a note under section of this title. Amendment by section 1898(b)(15)(C) of effective as if included in the provision of the Retirement Equity Act of 1984, , to which such amendment relates, except as otherwise provided, see section 1898(j) of , set out as a note under section of this title.

Effective Date of 1984 Amendment
Amendment by section 15 of applicable to taxable years ending after Dec. 31, 1983, see section 18(a) of , set out as a note under section of this title. Amendment by section 491 (d)(28)–(32) of applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of , set out as a note under section of this title. Amendment by section 491(e)(6) of effective Jan. 1, 1984, see section 491(f)(3) of , set out as a note under section of this title. Amendment by section 528(a) of applicable to years beginning after Mar. 31, 1984, see section 528(c) of , set out as a note under section of this title. Amendment by section 713 of effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, , to which such amendment relates, see section 715 of , set out as a note under section of this title.

Effective Date of 1983 Amendment
Amendment by applicable to taxable years beginning after Dec. 31, 1983, except that if an individual’s annuity starting date was deferred under section of this title as in effect on the day before Apr. 20, 1983, such deferral shall end on the first day of such individual’s first taxable year beginning after Dec. 31, 1983, see section 122(d) of , set out as a note under section of this title.

Effective Date of 1982 Amendment
Section 235(g) of , as amended by , title III, § 306(a)(10), Jan. 12, 1983, ; , div. A, title VII, § 713(a)(2), (4), (f)(3), July 18, 1984, , 959; , § 2, Oct. 22, 1986, , provided that: “(1) In general.— “(A) New plans.—In the case of any plan which is not in existence on July 1, 1982, the amendments made by this section [amending this section and section of this title] shall apply to years ending after July 1, 1982. “(B) Existing plans.— “(i) In the case of any plan which is in existence on July 1, 1982, the amendments made by this section [amending this section and section of this title] shall apply to years beginning after December 31, 1982. “(ii) Plan requirements.—A plan shall not be treated as failing to meet the requirements of section 401(a)(16) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] for any year beginning before January 1, 1984, merely because such plan provides for benefit or contribution limits which are in excess of the limitations under section 415 of such Code, as amended by this section. The preceding sentence shall not apply to any plan which provides such limits in excess of the limitation under section 415 of such Code before such amendments. “(2) Amendments related to cost-of-living adjustments.— “(A) In general.—Except as provided in subparagraph (B), the amendments made by subsection (b) [amending this section] shall apply to adjustments for years beginning after December 31, 1982. “(B) Adjustment procedures.—The amendments made by subsections (b)(1) and (b)(2)(B) [amending this section] shall apply to adjustments for years beginning after December 31, 1985. “(3) Transition rule where the sum of defined contribution and defined benefit plan fractions exceeds 1.0.—In the case of a plan which satisfied the requirements of section 415 of the Internal Revenue Code of 1986 for the last year beginning before January 1, 1983, the Secretary of the Treasury or his delegate shall prescribe regulations under which an amount is subtracted from the numerator of the defined contribution plan fraction (not exceeding such numerator) so that the sum of the defined benefit plan fraction and the defined contribution plan fraction computed under section 415(e)(1) of the Internal Revenue Code of 1986 (as amended by the Tax Equity and Fiscal Responsibility Act of 1982) does not exceed 1.0 for such year. A similar rule shall apply with respect to the last plan year beginning before January 1, 1984, for purposes of applying section 416(h) of the Internal Revenue Code of 1986. “(4) Right to higher accrued defined benefit preserved.— “(A) In general.—In the case of an individual who is a participant before January 1, 1983, in a defined benefit plan which is in existence on July 1, 1982, and with respect to which the requirements of section 415 of such Code have been met for all years, if such individual’s current accrued benefit under such plan exceeds the limitation of subsection (b) of section of the Internal Revenue Code of 1986 (as amended by this section), then (in the case of such plan) for purposes of subsections (b) and (e) of such section, the limitation of such subsection (b) with respect to such individual shall be equal to such current accrued benefit. “(B) Current accrued benefit defined.— “(i) In general.—For purposes of this paragraph, the term ‘current accrued benefit’ means the individual’s accrued benefit (at the close of the last year beginning before January 1, 1983) when expressed as an annual benefit (within the meaning of section 415(b)(2) of such Code as in effect before the amendments made by this Act). In the case of any plan described in the first sentence of paragraph (5), the preceding sentence shall be applied by substituting for ‘January 1, 1983’ the applicable date determined under paragraph (5). “(ii) Special rule.—For purposes of determining the amount of any individual’s current accrued benefit— “(I) no change in the terms and conditions of the plan after July 1, 1982, and “(II) no cost-of-living adjustment occurring after July 1, 1982,   shall be taken into account. For purposes of subclause (I), any change in the terms and conditions of the plan pursuant to a collective bargaining agreement entered into before July 1, 1982, and ratified before September 3, 1982, shall be treated as a change made before July 1, 1982. “(5) Special rule for collective bargaining agreements.—In the case of a plan maintained on the date of the enactment of this Act [Sept. 3, 1982] pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, the amendments made by this section [amending this section and section of this title] and section [amending section of this title and enacting a provision set out as a note under section of this title] (relating to age 701/2) shall not apply to years beginning before the earlier of— “(A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act [Sept. 3, 1982]), or “(B) January 1, 1986. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section and section shall not be treated as a termination of such collective bargaining agreement.” Amendment by section 238(d)(5) of applicable to years beginning after Dec. 31, 1983, see section 241 of , set out as an Effective Date note under section of this title. Amendment by section 251(c)(1), (2) of applicable to years beginning after Dec. 31, 1981, see section 251(e)(3) of , set out as a note under section of this title. Amendment by section 253(a) of applicable to taxable years beginning after Dec. 31, 1981, see section 253(c) of , set out as a note under section of this title.

Effective Date of 1981 Amendment
Amendment by section 311(g)(4), (h)(3) of applicable to years beginning after Dec. 31, 1981, see section 311(i)(4) of , set out as a note under section of this title. Section 333(b)(2) of provided that: “The amendment made by this subsection [amending this section] shall apply to years beginning after December 31, 1981.”

Effective Date of 1980 Amendments
Section 222(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to years beginning after December 31, 1980.” Section 101(b)(1)(G) of provided that: “The amendment made by subparagraph (I) of subsection (a)(10) [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Apr. 1, 1980].” Amendment by section 101(a)(7)(L)(i)(VII), (iv)(i), (10)(J)(iii), (11) of effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, , to which such amendment relates, see section 201 of , set out as a note under section of this title.

Effective Date of 1978 Amendment
Amendment by section 141(f)(7) of effective for years beginning after Dec. 31, 1978, and with respect to qualified investment for taxable years beginning after Dec. 31, 1978, see section 141(g)(1) of , set out as an Effective Date note under section of this title. Section 141(g)(5) of , as added by , title I, § 101(a)(7)(B), Apr. 1, 1980, , provided that: “The amendment made by subsection (f)(7) [amending this section] shall apply to years beginning after December 31, 1978.” Amendment by section 152(g) of applicable to taxable years beginning after Dec. 31, 1978, see section 152(h) of , set out as a note under section of this title. Section 153(b) of provided that: “The amendment made by this section [amending this section] shall apply to years beginning after December 31, 1978.”

Effective Date of 1976 Amendment
Amendment by section 803(b)(4), (f) of effective for years beginning after Dec. 31, 1975, see section 803(j) of , set out as a note under section of this title. Amendment by section 1501(b)(3) of effective for years beginning after Dec. 31, 1976, see section 1501(d) of , set out as a note under section of this title. Section 1502(b) of provided that: “The amendment made by subsection (a)(1) [amending this section] shall apply to years beginning after December 31, 1975. The amendment made by subsection (a)(2) [amending section of this title] shall apply to taxable years beginning after December 31, 1975.” Section 1511(b) of provided that: “The amendment made by this section [amending this section] shall apply for years beginning after December 31, 1975.” Amendment by section 1901(a)(65), (b)(8)(D) of effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of , set out as a note under section of this title.

Effective Date; Transition Provisions
Section 2004(d) of , as amended by , § 2, Oct. 22, 1986, , provided that: “(1) General rule.—The amendments made by this section [enacting this section, amending sections , , , , and of this title, and enacting provisions set out as notes under this section] shall apply to years beginning after December 31, 1975. The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the provisions of this paragraph. “(2) Transition rule for defined benefit plans.—In the case of an individual who was an active participant in a defined benefit plan before October 3, 1973, if— “(A) the annual benefit (within the meaning of section 415(b)(2) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) payable to such participant on retirement does not exceed 100 percent of his annual rate of compensation on the earlier of (i) October 2, 1973, or (ii) the date on which he separated from the service of the employer, “(B) such annual benefit is no greater than the annual benefit which would have been payable to such participant on retirement if (i) all the terms and conditions of such plan in existence on such date had remained in existence until such retirement, and (ii) his compensation taken into account for any period after October 2, 1973, had not exceeded his annual rate of compensation on such date, and “(C) in the case of a participant who separated from the service of the employer prior to October 2, 1973, such annual benefit is no greater than his vested accrued benefit as of the date he separated from the service, then such annual benefit shall be treated as not exceeding the limitation of subsection (b) of section of the Internal Revenue Code of 1986.”

Regulations
Secretary of the Treasury or his delegate to issue before Feb. 1, 1988, final regulations to carry out amendments made by section 1114 of , see section 1141 of , set out as a note under section of this title.

Plans May Incorporate Section 415 Limitations by Reference
Section 1106(h) of provided that: “Notwithstanding any other provision of law, except as provided in regulations prescribed by the Secretary of the Treasury or his delegate, a plan may incorporate by reference the limitations under section 415 of the Internal Revenue Code of 1986.”

Plan Amendments Not Required Until January 1, 1998
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of , set out as a note under section of this title.

Plan Amendments Not Required Until January 1, 1994
For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1994, see section 523 of , set out as a note under section of this title.

Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of , as amended, set out as a note under section of this title.

Special Rule for Certain Plans in Effect on September 2, 1974
Section 2004(a)(3) of , as amended by , § 2, Oct. 22, 1986, , provided that: “In any case in which, on the date of enactment of this Act [Sept. 2, 1974], an individual is a participant in both a defined benefit plan and a defined contribution plan maintained by the same employer, and the sum of the defined benefit plan fraction and the defined contribution plan fraction for the year during which such date occurs exceeds 1.4, the sum of such fractions may continue to exceed 1.4 if— “(A) the defined benefit plan fraction is not increased, by amendment of the plan or otherwise, after “(B) no contributions are made under the defined contribution plan after such date. A trust which is part of a pension, profit-sharing, or stock bonus plan described in the preceding sentence shall not be treated as not constituting a qualified trust under section 401(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] on account of the provisions of section 415(e) of such Code, as long as it is described in the preceding sentence of this subsection.”

Section Referred to in Other Sections
This section is referred to in sections , , , , , , , , , , , , , , , of this title; title section ; title section ; title sections , ; title sections , .

StaffMarket has no control over and does not endorse any external Internet site that contains links to or references StaffMarket. Users are advised to visit http://www4.law.cornell.edu/uscode/ for the most current US Code information.

HR Outsourcing, PEO and Employee Leasing Information at StaffMarket