####MARKER####
> > > > > >
NOTES:
Source
(Aug. 16, 1954, ch. 736, 68A Stat. 134; , § 2, Oct. 10, 1962, ; , § 2(a), Oct. 23, 1962, ; , title II, § 219(a), Feb. 26, 1964, ; , title I, § 106(d)(4), July 30, 1965, ; , title II, §§ 204(b)(1), (c),
205
(a), Nov. 13, 1966, , 1578; , § 1(a), Jan. 12, 1971, ; , title II, §§ 1012(b),
,
,
–(d), (f), 1023, 2001(c)–(e)(4), (h)(1), 2004(a)(1), Sept. 2, 1974, , 929, 935, 938–940, 943, 952–955, 957, 979; , § 1(c)(1), (2), Apr. 15, 1976, ; , title VIII, § 803(b)(2), title XV, § 1505(b), title XIX, §§ 1901(a)(56),
1906
(b)(13)(A), Oct. 4, 1976, , 1738, 1773, 1834; , title I, §§ 135(a),
,
,
, Nov. 6, 1978, , 2795, 2796, 2799; , title I, § 101(a)(7)(L)(i)(V), (9), (14)(E)(iii), Apr. 1, 1980, , 201, 205; , title II, § 208(a), (e), title IV, § 410(b), Sept. 26, 1980, , 1290, 1308; , title II, §§ 221(a),
225
(b)(1), (2), Dec. 28, 1980, , 3529; , title III, §§ 312(b)(1), (c)(2)–(4), (e)(2), 314(a)(1), 335, 338(a), Aug. 13, 1981, , 297, 298; , title II, §§ 237(a), (b), (e)(1),
238
(b), (d)(1), (2),
240
(b),
,
,
254
(a), Sept. 3, 1982, , 520, 521, 527, 533; , title I, § 103(c)(10)(A), (d)(2), (g)(2)(A), title III, § 306(a)(12), Jan. 12, 1983, , 2405; , title I, § 124(c)(4)(A), Apr. 20, 1983, ; , div. A, title II, § 211(b)(5), title IV, §§ 474(r)(13),
491
(e)(4), (5), title V, §§ 521(a),
524
(d)(1),
, (b),
, title VII, § 713(c)(2)(A), (d)(3), July 18, 1984, , 842, 853, 865, 872, 875–877, 957, 958; , title II, §§ 203(a),
204
(a), title III, § 301(b), Aug. 23, 1984, , 1445, 1451; , title XI, §§ 1106(d)(1),
, (b),
1112
(b), (d)(1),
1114
(b)(7),
1116
(a)–(e), 1117(a), 1119(a), 1121(b), 1136(a), 1143(a), 1145(a), 1171(b)(5), 1174(c)(2)(A), 1175(a)(1), 1176(a), title XVIII, §§ 1848(b),
1852
(a)(4)(A), (6), (b)(8), (g), (h)(1),
1879
(g)(1), (2),
1898
(b)(2)(A), (3)(A), (7)(A), (13)(A), (14)(A), (c)(3),
1899A
(10), Oct. 22, 1986, , 2439, 2444, 2445, 2451, 2454–2456, 2459, 2463, 2465, 2485, 2490, 2513, 2518, 2519, 2857, 2865–2869, 2906, 2907, 2945, 2948, 2950, 2953, 2958; , title IX, § 9341(a), Dec. 22, 1987, ; , title I, §§ 1011(c)(7)(A), (d)(4), (e)(3), (g)(1)–(3), (h)(3), (k)(1)(A), (B), s2)–(7), (9), (l)(1)–(5)(A), (6), (7), 1011A(j), (l), 1011B(j)(1), (2), (6), (k)(1), (2), title VI, §§ 6053(a),
6055
(a),
, (b), Nov. 10, 1988, , 3463, 3464, 3468–3470, 3483, 3492, 3493, 3696, 3697, 3705; , title II, § 203(a)(5), Nov. 8, 1989, ; , title VII, §§ 7311(a),
, (h)(3),
7816
(l),
7881
(i)(1)(A), (4)(A), Dec. 19, 1989, , 2409, 2421, 2442; , title XII, § 12011(b), Nov. 5, 1990, ; , title V, §§ 521(b)(5)–(8), 522(a)(1), July 3, 1992, , 313; , title XIII, § 13212(a), Aug. 10, 1993, ; , title VII, §§ 732(a),
,
766
(b),
, Dec. 8, 1994, , 5021, 5037, 5048; , title I, §§ 1401(b)(5), (6),
1404
(a),
1422
(a), (b),
1426
(a),
1431
(b)(2), (c)(1)(B),
1432
(a), (b),
1433
(a)–(e), 1441(a), 1443(a), (b), 1445(a), 1459(a), (b), 1704(a), (t)(67), Aug. 20, 1996, , 1791, 1800, 1801, 1803–1809, 1811, 1820, 1878, 1890; , title XV, §§ 1502(b),
, (2), (b),
1525
(a),
1530
(c)(1), title XVI, § 1601(d)(2)(A), (B), (D), (3), Aug. 5, 1997, , 1063, 1072, 1078, 1088, 1089; , § 1(a)(7) [title III, § 316(c)], Dec. 21, 2000, , 2763A–644; , title VI, §§ 611(c), (f)(3), (g)(1),
,
,
,
657
(a),
, June 7, 2001, , 99, 120, 122, 126, 135, 143; , title IV, § 411(o)(2), (q)(1), Mar. 9, 2002, , 51.)
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 Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(12), (13)(C)(i)(II), (III), (iii)(II), (29)(B)(i), (33)(C), (34), is , Sept. 2, 1974, , as amended. Part 4 of subtitle B of title I of the Act is classified generally to part 4 (§ 1101 et seq.) of subtitle
of subchapter
of chapter
of Title
, Labor. Title IV of the Act is classified generally to subchapter III (§ 1301 et seq.) of chapter
of Title
. Sections 412, 4021, and 4050 of the Act are classified to sections
,
, and
, respectively, of Title
. For complete classification of this Act to the Code, see Short Title note set out under section
of Title
and Tables.
The Social Security Act, referred to in subsecs. (a)(15), (l)(4)(C)(ii), (5)(A)(ii), (D)(ii), (E)(i), (F), 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. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of Title 42. Sections 223(d) and 230 of the Social Security Act are classified to sections
and
, respectively, of Title
. For complete classification of this Act to the Code, see section
of Title
and Tables.
Section 521 of the Unemployment Compensation Amendments of 1992, referred to in subsec. (a)(20), is section 521 of , which amended section
to (f) of this title generally, and, as so amended, subsec. (a) of section
does not contain a par. (6)(B).
The Railroad Retirement Act of 1974, referred to in subsec. (l)(6), is act Aug. 29, 1935, ch. 812, as amended generally by , title I, § 101, Oct. 16, 1974, , which is classified generally to subchapter IV (§ 231 et seq.) of chapter
of Title
, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title
, section
of Title 45, and Tables.
Amendments
2002—Subsec. (a)(30). , § 411(o)(2), substituted “402(g)(1)(A)” for “402(g)(1)”.
Subsec. (a)(31)(C)(i). , § 411(q)(1), inserted “is a qualified trust which is part of a plan which is a defined contribution plan and” before “agrees”.
2001—Subsec. (a)(17). , §§ 611(c)(1),
, temporarily substituted “$200,000” for “$150,000” in two places. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (a)(17)(B). , §§ 611(c)(2),
, temporarily substituted “July 1, 2001” for “October 1, 1993” and temporarily substituted “$5,000” for “$10,000” in two places. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (a)(31). , §§ 657(a)(2)(A),
, temporarily substituted “Direct” for “Optional direct” in heading. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (a)(31)(B). , §§ 657(a)(1),
, temporarily added subpar. (B). Former subpar. (B) redesignated (C). See Effective and Termination Dates of 2001 Amendment note below.
, §§ 643(b),
, temporarily inserted at end “The preceding sentence shall not apply to such distribution if the plan to which such distribution is transferred—
“(i) agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible, or
“(ii) is an eligible retirement plan described in clause (i) or (ii) of section
.”
See Effective and Termination Dates of 2001 Amendment note below.
, §§ 641(e)(3),
, temporarily substituted “, 403(a)(4), 403(b)(8), and 457(e)(16)” for “and 403(a)(4)”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (a)(31)(C). , §§ 657(a)(2)(B),
, temporarily substituted “Subparagraphs (A) and (B)” for “Subparagraph (A)”. See Effective and Termination Dates of 2001 Amendment note below.
, §§ 657(a)(1),
, temporarily redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D). See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (a)(31)(D), (E). , §§ 657(a)(1),
, temporarily redesignated subpars. (C) and (D) as (D) and (E), respectively. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (c)(2)(A). , §§ 611(g)(1),
, temporarily inserted at end “For purposes of this part only (other than sections
and
), this subparagraph shall be applied as if the term ‘trade or business’ for purposes of section
included service described in section
.” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (k)(2)(B)(i)(I). , §§ 646(a)(1)(A),
, temporarily substituted “severance from employment” for “separation from service”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (k)(10). , §§ 646(a)(1)(C)(iii),
, temporarily struck out “or disposition of assets or subsidiary” after “plan” in heading. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (k)(10)(A). , §§ 646(a)(1)(B),
, temporarily reenacted heading without change and amended text generally, substituting present provisions for provisions including termination of plan, disposition of assets, and disposition of subsidiary as events described in this paragraph. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (k)(10)(B)(i). , §§ 646(a)(1)(C)(i),
, temporarily substituted “A termination” for “An event” and “the termination” for “the event”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (k)(10)(C). , §§ 646(a)(1)(C)(ii),
, temporarily struck out heading and text of subpar. (C). Text read as follows: “An event shall not be treated as described in clause (ii) or (iii) of subparagraph (A) unless the transferor corporation continues to maintain the plan after the disposition.” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (k)(11)(B)(i)(I). , §§ 611(f)(3)(A),
, temporarily substituted “the amount in effect under section
” for “$6,000”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (k)(11)(E). , §§ 611(f)(3)(B),
, temporarily struck out heading and text of subpar. (E). Text read as follows: “The Secretary shall adjust the $6,000 amount under subparagraph (B)(i)(I) at the same time and in the same manner as under section
.” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (m)(9). , §§ 666(a),
, temporarily reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection and subsection (k) including—
“(A) such regulations as may be necessary to prevent the multiple use of the alternative limitation with respect to any highly compensated employee, and
“(B) regulations permitting appropriate aggregation of plans and contributions.
For purposes of the preceding sentence, the term ‘alternative limitation’ means the limitation of section
and the limitation of paragraph (2)(A)(ii) of this subsection.”
See Effective and Termination Dates of 2001 Amendment note below.
2000—Subsec. (k)(10)(B)(ii). inserted at end “Such term includes a distribution of an annuity contract from—
“(I) a trust which forms a part of a plan described in section
and which is exempt from tax under section
, or
“(II) an annuity plan described in section
.”
1997—Subsec. (a)(1). , § 1530(c)(1), inserted “or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section
),” after “stock bonus plans),”.
Subsec. (a)(5)(G). , § 1505(a)(1), added subpar. (G).
Subsec. (a)(13)(C), (D). , § 1502(b), added subpars. (C) and (D).
Subsec. (a)(26)(H). , § 1505(a)(2), amended heading and text of subpar. (H) generally. Prior to amendment, text read as follows:
“(i) In general.—An employer may elect to have this paragraph applied separately with respect to any classification of qualified public safety employees for whom a separate plan is maintained.
“(ii) Qualified public safety employee.—For purposes of this subparagraph, the term ‘qualified public safety employee’ means any employee of any police department or fire department organized and operated by a State or political subdivision if the employee provides police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision.”
Subsec. (k)(3)(G). , § 1505(b), added subpar. (G).
Subsec. (k)(7)(B)(iii) to (v). , § 1525(a), struck out “and” at end of cl. (iii), added cl. (iv), redesignated former cl. (iv) as (v), and in cl. (v), substituted “, (iii), or (iv)” for “or (iii)”.
Subsec. (k)(11)(B)(iii). , § 1601(d)(2)(D), added cl. (iii).
Subsec. (k)(11)(D)(ii). , § 1601(d)(2)(A), inserted “if such plan allows only contributions required under this paragraph” before period at end.
Subsec. (k)(11)(E). , § 1601(d)(2)(B), added subpar. (E).
Subsec. (m)(11). , § 1601(d)(3), substituted “Additional alternative” for “Alternative” in heading.
1996—Subsec. (a)(5)(D)(ii). , § 1431(c)(1)(B), substituted “section
” for “section
” in introductory provisions.
Subsec. (a)(5)(F). , § 1445(a), added subpar. (F).
Subsec. (a)(9)(C). , § 1404(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “For purposes of this paragraph, the term ‘required beginning date’ means April 1 of the calendar year following the calendar year in which the employee attains age 701/2. In the case of a governmental plan or church plan, the required beginning date shall be the later of the date determined under the preceding sentence or April 1 of the calendar year following the calendar year in which the employee retires. For purposes of this subparagraph, the term ‘church plan’ means a plan maintained by a church for church employees, and the term ‘church’ means any church (as defined in section
) or qualified church-controlled organization (as defined in section
).”
Subsec. (a)(17)(A). , § 1431(b)(2), struck out at end “In determining the compensation of an employee, the rules of section
shall apply, except that in applying such rules, the term ‘family’ shall include only the spouse of the employee and any lineal descendants of the employee who have not attained age 19 before the close of the year.”
Subsec. (a)(20). , § 1704(t)(67), substituted “section
” for “section
” in last sentence.
Subsec. (a)(26)(A). , § 1432(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A trust shall not constitute a qualified trust under this subsection unless such trust is part of a plan which on each day of the plan year benefits the lesser of—
“(i) 50 employees of the employer, or
“(ii) 40 percent or more of all employees of the employer.”
Subsec. (a)(26)(G). , § 1432(b), substituted “paragraph (2)(A) or (7)” for “paragraph (7)”.
Subsec. (a)(28)(B)(v). , § 1401(b)(5), struck out cl. (v) which read as follows:
“(v) Coordination with distribution rules.—Any distribution required by this subparagraph shall not be taken into account in determining whether a subsequent distribution is a lump sum distribution under section
or in determining whether section
applies.”
Subsec. (d). , § 1441(a), amended subsec. (d) generally, substituting provisions relating to contribution limit on owner-employees for former provisions relating to additional requirements for qualification of trusts and plans benefiting owner-employees.
Subsec. (h). , § 1704(a), provided that, except as otherwise expressly provided, whenever in title XII of an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. Section 12011(b) of title XII of directed the amendment of this section without specifying that the amendment was to the Internal Revenue Code of 1986. See 1990 Amendment note below.
Subsec. (k)(3)(A). , § 1433(c)(1), in introductory provisions of cl. (ii) substituted “the plan year” for “such year” and “for the preceding plan year” for “for such plan year” and inserted at end of closing provisions of subpar. (A) “An arrangement may apply clause (ii) by using the plan year rather than the preceding plan year if the employer so elects, except that if such an election is made, it may not be changed except as provided by the Secretary.”
Subsec. (k)(3)(E). , § 1433(d)(1), added subpar. (E).
Subsec. (k)(3)(F). , § 1459(a), added subpar. (F).
Subsec. (k)(4)(B). , § 1426(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
“(B) State and local governments and tax-exempt organizations not eligible.—A cash or deferred arrangement shall not be treated as a qualified cash or deferred arrangement if it is part of a plan maintained by—
“(i) a State or local government or political subdivision thereof, or any agency or instrumentality thereof, or
“(ii) any organization exempt from tax under this subtitle.
This subparagraph shall not apply to a rural cooperative plan.”
Subsec. (k)(7)(B)(i). , § 1443(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “any organization which—
“(I) is exempt from tax under this subtitle or which is a State or local government or political subdivision thereof (or agency or instrumentality thereof), and
“(II) is engaged primarily in providing electric service on a mutual or cooperative basis,”.
Subsec. (k)(7)(C). , § 1443(a), added subpar. (C).
Subsec. (k)(8)(C). , § 1433(e)(1), substituted “on the basis of the amount of contributions by, or on behalf of, each of such employees” for “on the basis of the respective portions of the excess contributions attributable to each of such employees”.
Subsec. (k)(10)(B)(ii). , § 1401(b)(6), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
“(ii) Lump sum distribution.—For purposes of this subparagraph, the term ‘lump sum distribution’ has the meaning given such term by section
, without regard to clauses (i), (ii), (iii), and (iv) of subparagraph (A), subparagraph (B), or subparagraph (F) thereof.”
Subsec. (k)(11). , § 1422(a), added par. (11).
Subsec. (k)(12). , § 1433(a), added par. (12).
Subsec. (m)(2)(A). , § 1433(c)(2), inserted “for such plan year” after “highly compensated employees” in introductory provisions, inserted “for the preceding plan year” after “eligible employees” wherever appearing in cls. (i) and (ii), and inserted at end “This subparagraph may be applied by using the plan year rather than the preceding plan year if the employer so elects, except that if such an election is made, it may not be changed except as provided by the Secretary.”
Subsec. (m)(3). , § 1433(d)(2), inserted at end of closing provisions “Rules similar to the rules of subsection (k)(3)(E) shall apply for purposes of this subsection.”
Subsec. (m)(5)(C). , § 1459(b), added subpar. (C).
Subsec. (m)(6)(C). , § 1433(e)(2), substituted “on the basis of the amount of contributions on behalf of, or by, each such employee” for “on the basis of the respective portions of such amounts attributable to each of such employees”.
Subsec. (m)(10). , § 1422(b), added par. (10). Former par. (10) redesignated (11).
Subsec. (m)(11). , § 1433(b), added par. (11). Former par. (11) redesignated (12).
, § 1422(b), redesignated par. (10) as (11).
Subsec. (m)(12). , § 1433(b), redesignated par. (11) as (12).
1994—Subsec. (a)(17)(B). , § 732(a), reenacted subpar. (B) heading without change and amended text generally. Prior to amendment, text read as follows:
“(i) In general.—If, for any calendar year after 1994, the excess (if any) of—
“(I) $150,000, increased by the cost-of-living adjustment for the calendar year, over
“(II) the dollar amount in effect under subparagraph (A) for taxable years beginning in the calendar year,
is equal to or greater than $10,000, then the $150,000 amount under subparagraph (A) (as previously adjusted under this subparagraph) for any taxable year beginning in any subsequent calendar year shall be increased by the amount of such excess, rounded to the next lowest multiple of $10,000.
“(ii) Cost-of-living adjustment.—The cost-of-living adjustment for any calendar year shall be the adjustment made under section
for such calendar year, except that the base period for purposes of section
shall be the calendar quarter beginning October 1, 1993.”
Subsec. (a)(32). , § 751(a)(9)(C), which directed amendment of subsec. (a) by adding par. (32) at end, was executed by adding par. (32) after par. (31) to reflect the probable intent of Congress.
Subsec. (a)(33). , § 766(b), which directed amendment of subsec. (a) by adding par. (33) at end, was executed by adding par. (33) after par. (32) to reflect the probable intent of Congress.
Subsec. (a)(34). , § 776(d), added par. (34).
1993—Subsec. (a)(17). inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, substituted “$150,000” for “$200,000” in first sentence, struck out after first sentence “The Secretary shall adjust the $200,000 amount at the same time and in the same manner as under section
.”, and added subpar. (B).
1992—Subsec. (a)(20). , § 521(b)(5), substituted “1 or more distributions within 1 taxable year to a distributee on account of a termination of the plan of which the trust is a part, or in the case of a profit-sharing or stock bonus plan, a complete discontinuance of contributions under such plan” for “a qualified total distribution described in section
” and inserted at end “For purposes of this paragraph, rules similar to the rules of section
(as in effect before its repeal by section 211 of the Unemployment Compensation Amendments of 1992) shall apply.”
Subsec. (a)(28)(B)(v). , § 521(b)(6), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: “Any distribution required by this subparagraph shall not be taken into account in determining whether—
“(I) a subsequent distribution is a lump-sum distribution under section
, or
“(II) section
applies to a subsequent distribution.”
Subsec. (a)(31). , § 522(a)(1), added par. (31).
Subsec. (k)(2)(B)(i)(IV). , § 521(b)(7), substituted “402(e)(3)” for “402(a)(8)”.
Subsec. (k)(10)(B)(ii). , § 521(b)(8), substituted “402(d)(4)” for “402(e)(4)” and “subparagraph (F)” for “subparagraph (H)”.
1990—Subsec. (h). , which directed that “section
is amended by inserting ‘, and subject to the provisions of section
’ ” without specifying that amendment was to the Internal Revenue Code of 1986, was executed by making the insertion in subsec. (h) of this section. See 1996 Amendment note above.
1989—Subsec. (a)(9)(C). struck out “(as defined in section
)” after “governmental or church plan” and inserted at end “For purposes of this subparagraph, the term ‘church plan’ means a plan maintained by a church for church employees, and the term ‘church’ means any church (as defined in section
) or qualified church-controlled organization (as defined in section
).”
Subsec. (a)(28)(B)(ii)(II). , § 7811(h)(3), made technical correction to directory language of , § 1011B(j)(1), see 1988 Amendment note below.
Subsec. (a)(29)(A)(i). , § 7881(i)(4)(A), substituted “multiemployer plan) to which the requirements of section
apply” for “multiemployer plan)”.
Subsec. (a)(29)(C)(i)(II). , § 7881(i)(1)(A), substituted “plan amendment and any other plan amendments adopted after December 22, 1987, and before such plan amendment” for “plan amendment”.
Subsec. (a)(30). , § 7811(g)(1), moved par. (30) from a position after the undesignated closing par. to a position immediately after par. (29).
Subsec. (h). , § 7311(a), inserted at end “In no event shall the requirements of paragraph (1) be treated as met if the aggregate actual contributions for medical benefits, when added to actual contributions for life insurance protection under the plan, exceed 25 percent of the total actual contributions to the plan (other than contributions to fund past service credits) after the date on which the account is established.”
Subsec. (k)(4)(B). , § 7816(l), amended , § 6071(b)(2), see 1988 Amendment note below.
1988—Subsec. (a)(9)(C). , § 6053(a), inserted at end “In the case of a governmental plan or church plan (as defined in section
), the required beginning date shall be the later of the date determined under the preceding sentence or April 1 of the calendar year following the calendar year in which the employee retires.”
Subsec. (a)(11)(E), (F). , § 1011A(l), redesignated subpar. (E), relating to cross reference, as (F).
Subsec. (a)(17). , § 1011(d)(4), inserted at end “In determining the compensation of an employee, the rules of section
shall apply, except that in applying such rules, the term ‘family’ shall include only the spouse of the employee and any lineal descendants of the employee who have not attained age 19 before the close of the year.”
Subsec. (a)(22). , § 1011B(k)(1), (2), substituted “is not readily tradable on an established market” for “is not publicly traded” in subpar. (A) and in last sentence, and inserted at end “For purposes of the preceding sentence, subsections (b), (c), (m), and (o) of section
shall not apply except for determining whether stock of the employer is not readily tradable on an established market.”
Subsec. (a)(26)(F), (G). , § 1011(h)(3), added subpars. (F) and (G). Former subpar. (F) redesignated (H).
Subsec. (a)(26)(H). , § 6055(a), added subpar. (H). Former subpar. (H) redesignated (I).
, § 1011(h)(3), redesignated former subpar. (F) as (H).
Subsec. (a)(26)(I). , § 6055(a), redesignated former subpar. (H) as (I).
Subsec. (a)(27). , § 1011A(j), inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. (A) heading, and added subpar. (B).
Subsec. (a)(28)(B)(ii)(II). , § 1011B(j)(1), as amended by , § 7811(h)(3), inserted “and within 90 days after the period during which the election may be made, the plan invests the portion of the participant’s account covered by the election in accordance with such election” after “clause (i)”.
Subsec. (a)(28)(B)(iv). , § 1011B(d)(2), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “For purposes of this subparagraph, the term ‘qualified election period’ means the 5-plan-year period beginning with the plan year after the plan year in which the participant attains age 55 (or, if later, beginning with the plan year after the 1st plan year in which the individual 1st became a qualified participant).”
Subsec. (a)(28)(B)(v). , § 1011B(j)(6), added cl. (v).
Subsec. (a)(30). , § 1011(c)(7)(A), added par. (30) at end.
Subsec. (k)(1), (2). , § 6071(a), struck out “electric” after “or a rural”.
Subsec. (k)(2)(B). , § 1011(k)(2)(A), inserted “amounts held by the trust which are attributable to employer contributions made pursuant to the employee’s election” after “under which”.
Subsec. (k)(2)(B)(i). , § 1011(k)(2)(B), struck out “amounts held by the trust which are attributable to employer contributions made pursuant to the employee’s election” before “may not be”.
, § 1011(k)(1)(A), added subcl. (II), redesignated former subcls. (V) and (VI) as (III) and (IV), respectively, and struck out former subcls. (II) to (IV) which read as follows:
“(II) termination of the plan without establishment of a successor plan,
“(III) the date of the sale by a corporation of substantially all of the assets (within the meaning of section
) used by such corporation in a trade or business of such corporation with respect to an employee who continues employment with the corporation acquiring such assets,
“(IV) the date of the sale by a corporation of such corporation’s interest in a subsidiary (within the meaning of section
) with respect to an employee who continues employment with such subsidiary,”.
Subsec. (k)(2)(B)(ii). , § 1011(k)(2)(C), struck out “amounts” before “will not be”.
Subsec. (k)(3)(A). , § 1011(k)(3)(B), made technical correction to , § 1116(b)(4). See 1986 Amendment note below.
Subsec. (k)(3)(A)(ii). , § 1011(k)(3)(A), inserted “eligible” before “highly compensated employees” in introductory text, in subcl. (I), and in two places in subcl. (II).
Subsec. (k)(3)(C), (D). , § 1011(k)(4), (5), redesignated subpar. (C), relating to employer contributions, as (D), and substituted “meet” for “meets” in cl. (ii)(I).
Subsec. (k)(4)(A). , § 1011(k)(6), struck out “provided by such employer” after “any other benefit”.
Subsec. (k)(4)(B). , § 6071(b)(2), as amended by , § 7816(l), substituted “rural cooperative plan” for “rural electric cooperative plan” in last sentence.
, § 1011(k)(9), inserted at end “This subparagraph shall not apply to a rural electric cooperative plan.”
Subsec. (k)(7). , § 6071(b)(1), substituted “Rural cooperative plan” for “Rural electric cooperative plan” in heading and amended text generally. Prior to amendment, text read as follows: “For purposes of this subsection—
“(A) In general.—The term ‘rural cooperative plan’ means any pension plan—
“(i) which is a defined contribution plan (as defined in section
), and
“(ii) which is established and maintained by a rural cooperative.
“(B) Rural cooperative defined.—For purposes of subparagraph (A), the term ‘rural cooperative’ means—
“(i) any organization which—
“(I) is exempt from tax under this subtitle or which is a State or local government or political subdivision thereof (or agency or instrumentality thereof), and
“(II) is engaged primarily in providing electric service on a mutual or cooperative basis,
“(ii) any organization described in paragraph (4) or (6) of section
and at least 80 percent of the members of which are organizations described in clause (i), and
“(iii) an organization which is a national association of organizations described in clause (i) or (ii).”
, § 1011(e)(3), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “For purposes of this subsection, the term ‘rural electric cooperative plan’ means any pension plan—
“(A) which is a defined contribution plan (as defined in section
), and
“(B) which is established and maintained by a rural electric cooperative (as defined in section
) or a national association of such rural electric cooperatives.”
Subsec. (k)(8)(E), (F). , § 1011(k)(7), added subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (k)(10). , § 1011(k)(1)(B), added par. (10).
Subsec. (l)(2)(B)(i), (ii). , § 1011(g)(1)(A), substituted “contributed by the employer under” for “contributed under”.
Subsec. (l)(3)(A)(ii). , § 1011(g)(1)(B), inserted “attributable to employer contributions” after “basis of benefits”.
Subsec. (l)(5)(C). , § 1011(g)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “The term ‘average annual compensation’ means the greater of—
“(i) the participant’s final average compensation (determined without regard to subparagraph (D)(ii)), or
“(ii) the participant’s highest average annual compensation for any other period of at least 3 consecutive years.”
Subsec. (l)(5)(E). , § 1011(g)(3), substituted “the social security retirement age” for “age 65” in cl. (i) and in two places in cl. (ii), and added cl. (iii).
Subsec. (m)(1). , § 1011(l)(1), substituted “A defined contribution plan” for “A plan”.
Subsec. (m)(2)(B). , § 1011(l)(3), substituted “contributions to which this subsection applies are made” for “such contributions are made”.
Subsec. (m)(3). , § 1011(l)(2), inserted at end “If matching contributions are taken into account for purposes of subsection (k)(3)(A)(ii) for any plan year, such contributions shall not be taken into account under subparagraph (A) for such year.”
Subsec. (m)(4)(A)(i), (ii). , § 1011(l)(4), substituted “a defined contribution plan” for “the plan”.
Subsec. (m)(4)(B). , § 1011(l)(5)(A), substituted “section
” for “section
”.
Subsec. (m)(6)(C). , § 1011(l)(6), substituted “excess aggregate contributions” for “excess contributions” in heading.
Subsec. (m)(7)(A). , § 1011(l)(7), substituted “paragraph (6)” for “paragraph (8)”.
1987—Subsec. (a)(29). added par. (29).
1986—Subsec. (a)(4). , § 1114(b)(7), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “if the contributions or the benefits provided under the plan do not discriminate in favor of employees who are—
“(A) officers,
“(B) shareholders, or
“(C) highly compensated.
For purposes of this paragraph, there shall be excluded from consideration employees described in section
and (C).”
Subsec. (a)(5). , § 1111(b), amended par. (5) generally. Prior to amendment, par. (5) related to conditions which taken alone would not require a classification to be considered discriminatory and means of determining the basic or regular rate of compensation of an employee and whether two or more plans of an employer satisfy requirements of par. (4) when considered as a single plan.
Subsec. (a)(8). , § 1119(a), substituted “defined benefit plan” for “pension plan”.
Subsec. (a)(9)(C). , § 1121(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “For purposes of this paragraph, the term ‘required beginning date’ means April 1 of the calendar year following the later of—
“(i) the calendar year in which the employee attains age 701/2, or
“(ii) the calendar year in which the employee retires.
Clause (ii) shall not apply in the case of an employee who is a 5-percent owner (as defined in section
) at any time during the 5-plan-year period ending in the calendar year in which the employee attains age 701/2. If the employee becomes a 5-percent owner during any subsequent plan year, the required beginning date shall be April 1 of the calendar year following the calendar year in which such subsequent plan year ends.”
, § 1852(a)(4)(A), substituted last 2 sentences for “Except as provided in section
, clause (ii) shall not apply in the case of an employee who is a 5-percent owner (as defined in section
) with respect to the plan year ending in the calendar year in which the employee attains 701/2.”
Subsec. (a)(9)(G). , § 1852(a)(6), added subpar. (G).
Subsec. (a)(11)(A)(i). , § 1898(b)(3)(A), substituted “who does not die before the annuity starting date” for “who retires under the plan”.
Subsec. (a)(11)(B). , § 1898(b)(2)(A)(ii), inserted at end “Clause (iii)(III) shall apply only with respect to the transferred assets (and income therefrom) if the plan separately accounts for such assets and any income therefrom.”
Subsec. (a)(11)(B)(iii)(I). , § 1898(b)(7)(A), inserted “(reduced by any security interest held by the plan by reason of a loan outstanding to such participant)”.
, § 1898(b)(13)(A), substituted “section
” for “section
”.
Subsec. (a)(11)(B)(iii)(III). , § 1898(b)(2)(A)(i), inserted “(in a transfer after December 31, 1984)”.
Subsec. (a)(11)(D), (E). , § 1145(a), added subpar. (E) relating to exception for plans described in section
and redesignated former subpar. (D), relating to cross references, as (E).
, § 1898(b)(14)(A), added subpar. (D) and redesignated former subpar. (D), relating to cross references, as (E).
Subsec. (a)(17). , § 1106(d)(1), added par. (17).
Subsec. (a)(20). , § 1852(b)(8), substituted “qualified total distribution described in section
” for “qualifying rollover distribution (determined as if section
did not contain subclause (II) thereof) described in section
or
”.
Subsec. (a)(21). , § 1171(b)(5), struck out par. (21) which read as follows: “A trust forming part of a tax credit employee stock ownership plan shall not fail to be considered a permanent program merely because employer contributions under the plan are determined solely by reference to the amount of credit which would be allowable under section
if the employer made the transfer described in section
”.
Subsec. (a)(22). , § 1899A(10), substituted “If” for “if”.
, § 1176(a), inserted at end “The requirements of subsection (e) of section
shall not apply to any employees of an employer who are participants in any defined contribution plan established and maintained by such employer if the stock of such employer is not publicly traded and the trade or business of such employer consists of publishing on a regular basis a newspaper for general circulation.”
Subsec. (a)(23). , § 1174(c)(2)(A), amended par. (23) generally. Prior to amendment, par. (23) read as follows: “A stock bonus plan which otherwise meets the requirements of this section shall not be considered to fail to meet the requirements of this section because it provides a cash distribution option to participants if that option meets the requirements of section
, except that in applying section
for purposes of this paragraph, the term ‘employer securities’ shall include any securities of the employer held by the plan.”
Subsec. (a)(26). , § 1112(b), added par. (26).
Subsec. (a)(27). , § 1136(a), added par. (27).
Subsec. (a)(28). , § 1175(a)(1), added par. (28).
Subsec. (c)(2)(A)(v). , § 1848(b), substituted “section
” for “sections
and
”.
Subsec. (c)(6). , § 1143(a), added par. (6).
Subsec. (h). , § 1852(h)(1), substituted “key employee” for “5-percent owner” in two places in par. (6) and amended last sentence generally, substituting “ ‘key employee’ means any employee, who” for “ ‘5-percent owner’ means any employee who,” and “key employee as defined in section
” for “5-percent owner (as defined in section
)”.
Subsec. (k)(1), (2). , § 1879(g)(1), substituted “, a pre-ERISA money purchase plan, or a rural electric cooperative plan” for “(or a pre-ERISA money purchase plan)”.
Subsec. (k)(2)(B). , § 1116(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “under which amounts held by the trust which are attributable to employer contributions made pursuant to the employee’s election may not be distributable to participants or other beneficiaries earlier than upon retirement, death, disability, or separation from service (or in the case of a profit sharing or stock bonus plan, hardship or the attainment of age 591/2) and will not be distributable merely by reason of the completion of a stated period of participation or the lapse of a fixed number of years; and”.
Subsec. (k)(2)(C). , § 1852(g)(3), substituted “is nonforfeitable” for “are nonforfeitable”.
Subsec. (k)(2)(D). , § 1116(b)(2), added subpar. (D).
Subsec. (k)(3). , § 1116(d)(3), which directed that the last sentence of subpar. (B) be struck out was executed by striking out the last sentence of par. (3) as the probable intent of Congress because subpar. (B) is composed of only one sentence. Prior to being stricken, such last sentence read as follows: “For purposes of the preceding sentence, the compensation of any employee for a plan year shall be the amount of his compensation which is taken into account under the plan in calculating the contribution which may be made on his behalf for such plan year.”
Subsec. (k)(3)(A). , § 1116(b)(4), as amended by , § 1011(k)(3)(B), substituted “any highly compensated employee” for “an employee” in concluding provisions.
, § 1852(g)(2), substituted “If an employee is a participant under 2 or more cash or deferred arrangements of the employer, for purposes of determining the deferral percentage with respect to such employee, all such cash or deferred arrangements shall be treated as 1 cash or deferred arrangement” for “The deferral percentage taken into account under this subparagraph for any employee who is a participant under 2 or more cash or deferred arrangements of the employer shall be the sum of the deferral percentages for such employee under each of such arrangements”.
Subsec. (k)(3)(A)(i). , § 1112(d)(1), struck out “subparagraph (A) or (B) of” before “section
”.
Subsec. (k)(3)(A)(ii). , § 1116(c)(2), substituted “paragraph (5)” for “paragraph (4)”.
, § 1116(a), substituted “1.25” for “1.5” in subcl. (I), and “2 percentage points” for “3 percentage points” and “2” for “2.5” in subcl. (II).
Subsec. (k)(3)(C). , § 1852(g)(1), added subpar. (C) relating to treatment of cash or deferred arrangements.
, § 1116(e), added subpar. (C) relating to employer contributions.
Subsec. (k)(4). , § 1116(b)(3), added par. (4). Former par. (4) redesignated (5).
Subsec. (k)(5). , § 1116(b)(3), (d)(1), redesignated former par. (4) as (5) and substituted “the term ‘highly compensated employee’ has the meaning given such term by section
” for “the term ‘highly compensated employee’ means any employee who is more highly compensated than two-thirds of all eligible employees, taking into account only compensation which is considered in applying paragraph (3)”. Former par. (5) redesignated (6).
Subsec. (k)(6). , § 1116(b)(3), redesignated former par. (5) as (6). Former par. (6) redesignated (7).
, § 1879(g)(2), added par. (6).
Subsec. (k)(7). , § 1116(b)(3), redesignated former par. (6) as (7).
Subsec. (k)(8). , § 1116(c)(1), added par. (8).
Subsec. (k)(9). , § 1116(d)(2), added par. (9).
Subsec. (l). , § 1111(a), amended subsec. (l) generally, substituting provisions relating to permitted disparity in plan contributions or benefits for provisions relating to nondiscriminatory coordination of defined contribution plans with OASDI.
Subsec. (m). , § 1117(a), added subsec. (m) and redesignated former subsec. (m) as (n).
, § 1898(c)(3), added subsec. (m).
Subsec. (n). , § 1117(a), redesignated former subsec. (m) as (n). Former subsec. (n) redesignated (o).
, § 1898(c)(3), redesignated subsec. (o) as (n).
Subsec. (o). , § 1117(a), redesignated former subsec. (n) as (o).
, § 1898(c)(3), redesignated subsec. (o) as (n).
1984—Subsec. (a)(9). , § 521(a)(1), amended par. (9) generally, redesignating existing provisions as subpar. (A) and in subpar. (A) as so redesignated struck out “In the case of a plan which provides contributions or benefits for employees some or all of whom are employees within the meaning of subsection (c)(1)” before “a trust forming part of such plan”, substituted “the plan provides that the entire interest of each employee—” for “, under the plan, the entire interest of each employee—”, redesignated subpars. (A) and (B) as cls. (i) and (ii) respectively, in cl. (i) as so redesignated substituted provisions stating that a qualified plan provides that the entire interest will be distributed to the employee not later than the beginning date for former provisions which provided alternative dates for providing interest, in cl. (ii) as so redesignated substituted alternate distribution dates to be set in accordance with regulations for former provisions stating that a qualified plan shall be distributed not later than the taxable year in which the taxpayer attains age 701/2, and struck out the par. following cl. (ii) which provided “A trust shall not be disqualified under this paragraph by reason of distributions under a designation, prior to the date of the enactment of this paragraph, by any employee under the plan of which such trust is a part, of a method of distribution which does not meet the terms of the preceding sentence.”, and added subpars. (B) to (F).
, § 521(a)(2), repealed amendment made by , § 242(a). See 1982 Amendment note below.
Subsec. (a)(10)(B)(iii). , § 524(d)(1), added cl. (iii).
Subsec. (a)(11). , § 203(a), amended par. (11) generally, inserting provisions relating to preretirement survivor annuities, and substituting present four subpars. for former eight subpars.
Subsec. (a)(13). , § 204(a), designated existing provisions as subpar. (A), corrected the margin of subpar. (A), and added subpar. (B).
Subsec. (a)(21). , § 474(r)(13), substituted provisions relating to the amount of the credit which would be allowable under section
if the employer made the transfer described in section
for former provisions which had related to the amount of credit which would be allowable under section
if the employer made the transfer described in section
or under section
if the employer made the transfer described in section
.
Subsec. (a)(22). , § 491(e)(4), substituted “section
” for “section
”.
Subsec. (a)(23). , § 491(e)(5), substituted “section
” for “section
” in two places.
Subsec. (a)(24). , § 211(b)(5), substituted “section
” for “section
”.
Subsec. (a)(25). , § 301(b), added par. (25).
Subsec. (e). , § 713(d)(3), repealed subsec. (e) which related to contributions for premiums on annuity, etc., contracts.
Subsec. (f)(2). , § 713(c)(2)(A), substituted “(as defined in section
)” for “(as defined in subsection (d)(1))”.
Subsec. (h)(6). , § 528(b), added par. (6).
Subsec. (k)(1), (2). , § 527(b)(1), inserted “(or a pre-ERISA money purchase plan)”.
Subsec. (k)(2)(B). , § 527(b)(3), substituted “(or in the case of a profit sharing or stock bonus plan, hardship or the attainment of age 591/2)” for “, hardship or the attainment of age 591/2,”.
Subsec. (k)(3)(A). , § 527(a), struck out “qualified” before “cash or deferred arrangement”, substituted “shall not be treated as a qualified cash or deferred arrangement unless” for “shall be considered to satisfy the requirements of subsection (a)(4), with respect to the amount of contributions, and of subparagraph (B) of section
for a plan year if”, designated provisions beginning “those employees” and ending “section
” as cl. (i) and text following as cl. (ii), redesignated former cls. (i) and (ii) as subcls. (I) and (II) and inserted text following subcl. (II).
Subsec. (k)(5). , § 527(b)(2), added par. (5).
1983—Subsec. (a)(21). , § 103(g)(2)(A), designated part of existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(2)(A)(vi). added cl. (vi).
Subsec. (d)(2). , § 306(a)(12), substituted “paragraph (1)(B)” for “paragraph (9)(B)”.
Subsec. (d)(5). , § 103(c)(10)(A), substituted “Subparagraphs (A) and (B) shall not apply to contributions described in subsection (e), and shall not apply to any deductible employee contribution (as defined in section
)” for “Subparagraphs (A) and (B) do not apply to contributions described in subsection (e)” in second sentence.
Subsec. (j)(3). , § 103(d)(2), substituted “under subparagraph (A) of paragraph (2) shall be treated as beginning a new period of plan participation with respect only to such change” for “under subparagraph (A) of subsection (j)(2) shall be treated as beginning a new period of plan participation” in last sentence.
1982—Subsec. (a)(9). , § 242(a), which was repealed by , § 521(a)(2), had amended par. (9) generally, redesignating existing provisions as subpar. (A), in subpar. (A), as so redesignated, struck out preliminary provision which limited the application of this paragraph to plans providing contributions or benefits for employees some or all of whom were employees within the meaning of subsec. (c)(1), redesignated former subpars. (A) and (B) as cls. (i) and (ii) of subpar. (A), in cl. (i), as so redesignated, substituted reference to a key employee who is a participant in a top-heavy plan for former reference to owner-employees (within the meaning of subsec. (c)(3)), redesignated former cls. (i) and (ii) of subpar. (B) as subcls. (I) and (II) of cl. (ii), struck out former provision that a trust would not be disqualified under this paragraph by reason of distributions under a designation, prior to the date of the enactment of this paragraph, by any employee under the plan of which such trust was a part, of a method of distribution which did not meet the terms of this paragraph, and adding subpar. (B).
Subsec. (a)(10). , § 237(e)(1), amended par. (10) generally, redesignating subpar. (B) as (A) and striking out former subpar. (A) relating to qualified trust as a trust forming part of such plan, for provisions relating to discriminatory plans with respect to nonapplicability of paragraph (3), the first and second sentences of paragraph (5) and section
of this title.
Subsec. (a)(10)(B). , § 240(b), added subpar. (B).
Subsec. (a)(17), (18). , § 237(b), struck out pars. (17) and (18) which related, respectively, to a plan which provides contributions or benefits for employees some or all of whom are employees within the meaning of subsection (c)(1), or are shareholder-employees within the meaning of section
, and a trust which is part of a plan providing a defined benefit for employees some or all of whom are employees within the meaning of subsection (c)(1), or are shareholder-employees within the meaning of section
.
Subsec. (a)(24). added par. (24).
Subsec. (c)(1). , § 238(d)(1), amended par. (1) generally, substituting in heading “Self-employed individual treated as employee” for “Employee”, adding subparagraph headings, and substituting provisions defining “employee” and “self-employed individual”, for provisions defining “employee”.
Subsec. (c)(2)(A). , § 238(d)(2), added cl. (v).
Subsec. (d). , § 237(a), redesignated pars. (9) to (11) as (1) to (3), respectively. Former pars. (1) to (7), which related to trusts created or organized before or after October 10, 1962, contributions under the plan, benefits under the plan for employees, contributions or benefits under the plan, limitations pursuant to the plan, applicability of requirements of subsec. (a)(4) of this section, and distributions under the plan, respectively, were struck out.
Subsec. (j). , § 238(b), struck out subsec. (j) which related to general requirements, regulation guidelines, applicable percentage, certain contributions and benefits not taken into account, definitions, and special rules with respect to defined benefit plans providing benefits for self-employed individuals and shareholder-employees.
Subsecs. (l), (o). , § 249(a), added subsec. (l) and redesignated former subsec. (l) as (o).
1981—Subsec. (a)(17). , § 312(b)(1), designated provision relating to the annual compensation of each employee as subpar. (A), and in subpar. (A) as so designated, substituted “$200,000” for “$100,000”, and added subpar. (B).
Subsec. (a)(22). , § 338(a), inserted “(other than a profit-sharing plan)” and substituted “if” for “If” and “such plan” for “said plan”.
Subsec. (a)(23). , § 335, substituted “409A(h), except that in applying section
for purposes of this paragraph, the term ‘employer securities’ shall include any securities of the employer held by the plan” for “409A(h)(2)”.
Subsec. (d)(4). , § 312(e)(2), inserted provision making subpar. (B) inapplicable to any distribution to which section
applies.
Subsec. (d)(5). , § 314(a)(1), inserted provision making subpar. (C) inapplicable to a distribution on account of the termination of the plan.
Subsec. (e). , § 312(c)(2), substituted “for such taxable year exceeds $15,000” for “for all such years exceeds $7,500”.
Subsec. (j). , § 312(c)(3), (4), substituted in par. (2)(A) “$100,000” for “$50,000” and in par. (3) inserted provision that for purposes of this paragraph, a change in the annual compensation taken into account under subpar. (A) of subsec. (j)(2) be treated as beginning a new period of plan participation.
1980—Subsec. (a)(2). , §§ 208(e),
, inserted provisions relating to applicability to multiemployer plans and return of contributions made by a mistake of law or fact, or return of withdrawal liability payment.
Subsec. (a)(4). , § 225(b)(1), substituted “section
” for “section
”.
Subsec. (a)(12). , § 208(a), substituted provisions relating to applicability to multiemployer plans subject to title IV of the Employee Retirement Income Security Act of 1974 of provisions of preceding sentence, for provisions relating to applicability of paragraph to multiemployer plans to extent determined by Corporation.
Subsec. (a)(20). , § 101(a)(14)(E)(iii), substituted “makes a qualifying rollover distribution (determined as if section
did not contain subclause (II) thereof) described in section
or
” for “makes a payment or distribution described in section
or
”.
Subsec. (a)(21). , § 101(a)(7)(L)(i)(V), substituted “a tax credit employee stock ownership plan” for “an ESOP”.
Subsec. (a)(22)(B). , § 101(a)(9), substituted “are securities” for “as securities”.
Subsec. (a)(23). , § 221(a), added par. (23).
Subsec. (d)(3)(B). , § 225(b)(2), substituted in cl. (i) “section
” for “section
” and in cl. (ii) “section
” for “section
”.
1978—Subsec. (a)(5). , § 152(e), inserted provision that for purposes of determining whether one or more plans of the employer satisfy the requirements of section
, an employer may take into account all simplified employee pensions to which only the employer contributes.
Subsec. (a)(21). , § 141(f)(3), substituted “ESOP” for “employee stock option plan which satisfies the requirements of section 301(d) of the Tax Reduction Act of 1975” and “section
” for “subsection (d)(6) or (e)(3) of section
of the Tax Reduction Act of 1975”.
Subsec. (a)(22). , § 143(a), added par. (22).
Subsecs. (k), (l). , § 135(a), added subsec. (k) and redesignated former subsec. (k) as (l).
1976—Subsec. (a). , §§ 803(b)(2),
1901
(a)(56),
1906
(b)(13)(A), struck out “or his delegate” after “Secretary” in pars. (5), (11), and (14), substituted references to Sept. 2, 1974, for references to the enactment of the Employee Retirement Income Security Act of 1974 in pars. (12), (13), (15), and (19), added par. (21), and inserted reference to par. (20) in provisions following par. (21), such addition of reference to par. (20) duplicating amendment by , § 1(c)(2).
, § 1(c)(2), substituted “(19), and (20)” for “and (19)”.
Subsec. (a)(20). , § 1(c)(1), added par. (20).
Subsecs. (b), (c), (d). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (f). , § 1505(b), inserted reference to contracts (other than life, health, or accident, property, casualty, or liability insurance contracts) issued by an insurance company qualified to do a business in a State and struck out “or his delegate” after “Secretary”.
Subsecs. (h), (i), (j). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
1974—Subsec. (a). , § 1021(a)(2), inserted provision that paragraphs (11), (12), (13), (14), (15), and (19) shall apply only in the case of a plan to which section
(relating to minimum vesting standards) applies without regard to subsection (e)(2) of this section.
Subsec. (a)(3). , § 1016(a)(2)(A), substituted provisions referring simply to a plan of which the trust is a part and the satisfaction by that plan of the requirements of section
(relating to minimum participation standards) for provisions referring to a trust, trusts, or trust or trusts and annuity plan or plans designated by the employer as constituting parts of a plan intended to qualify under subsec. (a) and spelling out the requisite coverage of the plan.
Subsec. (a)(4). , § 1022(a), struck out provisions referring to persons whose principal duties consist in supervising the work of other employees and inserted provisions directing the exclusion from consideration of employees described in section
(A) and (C).
Subsec. (a)(5). , §§ 1012(b),
, inserted provisions covering the determination of whether two or more plans of an employer satisfy the requirements of par. (4) when considered as a single plan and substituted “shall not be considered discriminatory within the meaning of paragraph (4) of section
(without regard to paragraph (1)(A) thereof)” for “shall not be considered discriminatory within the meaning of paragraph (3)(B) or (4)”.
Subsec. (a)(7). , § 1016(a)(2)(C), substituted provisions referring simply to the satisfaction by the plan of which a trust is a part of the requirements of section
(relating to minimum vesting standards) for provisions spelling out in detail the conditions which the plan had to satisfy in order that the trust forming part of that plan constitute a qualified trust under this section.
Subsec. (a)(10)(A). , §§ 1022(b)(1),
, inserted reference to section
in provisions preceding cl. (i) and substituted “subsection (e)” for “subsection (e)(3)(A)” in cl. (ii).
Subsec. (a)(11). , § 1021(a)(1), added par. (11).
Subsec. (a)(12). , § 1021(b), added par. (12).
Subsec. (a)(13). , § 1021(c), added par. (13).
Subsec. (a)(14). , § 1021(d), added par. (14).
Subsec. (a)(15). , § 1021(e), added par. (15).
Subsec. (a)(16). , § 2004(a)(1), added par. (16).
Subsec. (a)(17). , § 2001(c), added par. (17).
Subsec. (a)(18). , § 2001(d)(1), added par. (18).
Subsec. (a)(19). , § 1021(f), added par. (19).
Subsec. (b). , § 1023, substituted reference to the requirements of subsection (a) for the period beginning with the date on which a stock bonus, pension, profit-sharing, or annuity plan was put into effect, or for the period beginning with the earlier of the date on which there was adopted or put into effect any amendment which caused the plan to fail to satisfy such requirements, and ending with the time prescribed by law for filing the return of the employer for his taxable year in which such plan or amendment was adopted (including extensions thereof) or such later time as the Secretary or his delegate may designate for reference to the requirements of paragraphs (3), (4), (5), and (6) of subsection (a) for the period beginning with the date on which a stock bonus, pension, profit-sharing, or annuity plan was put into effect and ending with the 15th day of the third month following the close of the taxable year of the employer in which the plan was put in effect.
Subsec. (d)(1). , § 1022(c), (f), substituted “October 10, 1962” for “the date of the enactment of this subsection” and “assets thereof are held by a bank or other person who demonstrates to the satisfaction of the Secretary or his delegate that the manner in which he will administer the trust will be consistent with the requirements of this section. A trust shall not be disqualified under this paragraph merely because a person (including the employer) other than the trustee or custodian so administering the trust” for “trustee is a bank, but a person (including the employer) other than a bank” and inserted reference to an insured credit union (within the meaning of section 101(6) of the Federal Credit Union Act) in definition of “bank”.
Subsec. (d)(3). , § 1022(b)(2), inserted reference to the section
definition of “years of service” and substituted reference to employees included in a unit of employees covered by a collective-bargaining agreement described in section
and employees who are nonresident aliens described in section
for reference to employees whose customary employment was for not more than 20 hours in any one week or was for not more than 5 months in any calendar year.
Subsec. (d)(4)(B). , § 2001(h)(1), inserted “in excess of contributions made by an owner-employee as an employee” after “benefits”.
Subsec. (d)(5). , § 2001(e)(1), substituted “Subparagraphs (A) and (B) do not apply to contributions described in subsection (e)” for “Subparagraphs (A) and (B) shall not apply to any contribution which is not considered to be an excess contribution (as defined in subsection (e)(1)) by reason of the application of subsection (e)(3)”.
Subsec. (d)(8). , § 2001(e)(2), struck out par. (8) covering excess contributions.
Subsec. (e). , § 2001(e)(3), struck out pars. (1) and (2) which defined and described the effect of excess contributions, redesignated par. (3) as the entire subsec. (e) and in provisions as thus carried forward as the entire subsec. (e) substituted “$7,500” for “$2,500” and inserted references to section
.
Subsec. (f). , § 1022(d), expanded provisions to cover annuity contracts.
Subsecs. (j), (k). , § 2001(d)(2), added subsec. (j) and redesignated former subsec. (j) as (k).
1971—Subsec. (i). struck out “multi-employer” before “pension plans” in heading, and substituted “one or more employers” for “two or more employers who are not related (determined under regulations prescribed by the Secretary or his delegate)” in par. (1).
1966—Subsec. (a)(10)(A)(ii). , § 204(b)(1)(A), struck out “(determined without regard to section
)” after “deducted under section
”.
Subsec. (c)(2)(A). , § 204(c), struck out “to the extent that such net earnings constitute earned income (as defined in section
but determined with the application of subparagraph (B))” after “The term ‘earned income’ means the net earnings from self-employment (as defined in section
)”, added cl. (i) and redesignated former cls. (i) to (ii) as (ii) to (iv) respectively, and struck out references to section
and subparagraph (B), as in effect for a taxable year beginning on January 1, 1963, in text following cl. (iv).
Subsec. (c)(2)(B). , § 204(c), struck out subpar. (B) relating to earned income when both personal services and capital are material income-producing factors. See subsec. (c)(2)(A)(i).
Subsec. (c)(2)(C). , § 205(a), added subpar. (C).
Subsecs. (d)(5)(A), (B), (d)(6)(A), (e)(1)(A), (B)(i), (3). , § 204(b)(1)(B) to (E), struck out “(determined without regard to section
)” wherever appearing.
1965—Subsec. (d)(4)(B). substituted “section
” for “section
”.
1964—Subsecs. (i), (j). added subsec. (i) and redesignated former subsec. (i) as (j).
1962—Subsec. (a)(5). , § 2(1), inserted provisions defining total compensation for purposes of par. (5) and par. (10) of this subsection.
Subsec. (a)(7) to (10). , § 2(2), added pars. (7) to (10).
Subsecs. (c) to (g). , § 2(3), added subsecs. (c) to (g). Former subsec. (c) redesignated (h).
Subsec. (h). added subsec. (h). Former subsec. (h) redesignated (i).
, § 2(3), redesignated former subsec. (c) as (h).
Subsec. (i). redesignated former subsec. (h) as (i).
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
Amendment by section 611(c), (f)(3), (g)(1) of applicable to years beginning after Dec. 31, 2001, see section 611(i)(1) of , set out as a note under section
of this title.
Amendment by section 641(e)(3) 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, § 643(d), June 7, 2001, , provided that: “The amendments made by this section [amending this section and sections
and
of this title] shall apply to distributions made after December 31, 2001.”
, title VI, § 646(b), June 7, 2001, , provided that: “The amendments made by this section [amending this section and sections
and
of this title] shall apply to distributions after December 31, 2001.”
, title VI, § 657(d), June 7, 2001, , provided that: “The amendments made by this section [amending this section, section
of this title, and section
of Title
, Labor] shall apply to distributions made after final regulations implementing subsection (c)(2)(A) [set out as a note below] are prescribed.”
, title VI, § 666(b), June 7, 2001, , provided that: “The amendment 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 Small Business Job Protection Act of 1996, , to which such amendment relates, see section
[title III, § 316(e)] of , set out as a note under section
of this title.
Effective Date of 1997 Amendment
Section 1502(c) of provided that: “The amendments made by this section [amending this section and section
of Title
, Labor] shall apply to judgments, orders, and decrees issued, and settlement agreements entered into, on or after the date of the enactment of this Act [Aug. 5, 1997].”
Section 1505(d) of , as amended by , title VI, § 6015(b), July 22, 1998, , provided that:
“(1) In general.—The amendments made by this section [amending this section and sections
and
of this title] apply to taxable years beginning on or after the date of enactment of this Act [Aug. 5, 1997].
“(2) Treatment for years beginning before date of enactment.—A governmental plan (within the meaning of section 414(d) of the Internal Revenue Code of 1986) maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof) shall be treated as satisfying the requirements of sections 401(a)(3), 401(a)(4), 401(a)(26), 401(k), 401(m), 403(b)(1)(D) and (b)(12)(A)(i), and 410 of such Code for all taxable years beginning before the date of enactment of this Act.”
Section 1525(b) of provided that: “The amendments made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1997.”
Section 1530(d) of provided that: “The amendments made by this section [amending this section and sections
,
,
,
,
,
,
,
,
, and
of this title] shall apply to transfers made by trusts to, or for the use of, an employee stock ownership plan after the date of the enactment of this Act [Aug. 5, 1997].”
Amendment by section 1601(d)(2)(A), (B), (3) of effective as if included in the provisions of the Small Business Job Protection Act of 1996, , to which it relates, and amendment by section 1601(d)(2)(D) of applicable to calendar years beginning after Aug. 5, 1997, see section 1601(j) of , set out as a note under section
of this title.
Effective Date of 1996 Amendment
Amendment by section 1401(b)(5), (6) of applicable to taxable years beginning after Dec. 31, 1999, with retention of certain transition rules, see section 1401(c) of , set out as a note under section
of this title.
Section 1404(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1996.”
Section 1422(c) of provided that: “The amendments made by this section [amending this section] shall apply to plan years beginning after December 31, 1996.”
Section 1426(b) of provided that: “The amendment made by this section [amending this section] shall apply to plan years beginning after December 31, 1996, but shall not apply to any cash or deferred arrangement to which clause (i) of section 1116(f)(2)(B) of the Tax Reform Act of 1986 applies [, set out below].”
Amendment by section 1431(b)(2) of applicable to years beginning after Dec. 31, 1996, and amendment by section 1431(c)(1)(B) of applicable to years beginning after Dec. 31, 1996, except that in determining whether an employee is a highly compensated employee for years beginning in 1997, amendment by section
1431
(c)(1)(B) to be treated as having been in effect for years beginning in 1996, see section 1431(d) of , set out as a note under section
of this title.
Section 1432(c) of provided that: “The amendments made by this section [amending this section] shall apply to years beginning after December 31, 1996.”
Section 1433(f) of provided that:
“(1) In general.—The amendments made by this section [amending this section] shall apply to years beginning after December 31, 1998.
“(2) Exceptions.—The amendments made by subsections (c), (d), and (e) [amending this section] shall apply to years beginning after December 31, 1996.”
Section 1441(b) of provided that: “The amendments made by this section [amending this section] shall apply to years beginning after December 31, 1996.”
Section 1443(c) of provided that:
“(1) Distributions.—The amendments made by subsection (a) [amending this section] shall apply to distributions after the date of the enactment of this Act [Aug. 20, 1996].
“(2) Public utility districts.—The amendments made by subsection (b) [amending this section] shall apply to plan years beginning after December 31, 1996.”
Section 1445(b) of provided that: “The amendment made by this section [amending this section] shall apply to years beginning after December 31, 1996.”
Section 1459(c) of provided that: “The amendments made by this section [amending this section] shall apply to plan years beginning after December 31, 1998.”
Effective Date of 1994 Amendment
Section 732(e) 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 years beginning after December 31, 1994.
“(2) Rounding not to result in decreases.—The amendments made by this section providing for the rounding of indexed amounts shall not apply 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.”
Section 751(b) 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 plan years beginning after December 31, 1994.
“(2) Reference.—The amendment made by subsection (a)(11) [amending section
of this title] shall take effect on the date of the enactment of this Act [Dec. 8, 1994].”
Section 766(d) of provided that: “The amendments made by this section [amending this section and sections
and
of Title
, Labor] shall apply to plan amendments adopted on or after the date of enactment of this Act [Dec. 8, 1994].”
Amendment by section 776(d) of effective with respect to distributions that occur in plan years commencing on or after Jan. 1, 1996, see section 776(e) of , set out as a note under section
of Title
, Labor.
Section 781 of title VII of provided that: “Except as otherwise provided in this subtitle [subtitle F (§§ 750–781) of title VII of , enacting sections
,
, and
of Title
, Labor, amending this section, sections
,
,
,
,
,
, and
of this title, and sections
to
,
,
,
,
,
,
,
,
,
, and
of Title
, and enacting provisions set out as notes under this section, sections
,
,
, and
of this title, and sections
,
,
,
,
,
,
,
, and
of Title
], the amendments made by this subtitle shall be effective on the date of enactment of this Act [Dec. 8, 1994].”
Effective Date of 1993 Amendment
Section 13212(d) of , 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 benefits accruing in plan years beginning after December 31, 1993.
“(2) Collectively bargained plans.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of the enactment of this Act [Aug. 10, 1993], the amendments made by this section shall not apply to contributions or benefits pursuant to such agreements for plan years beginning before the earlier of—
“(A) the latest of—
“(i) January 1, 1994,
“(ii) the date on which the last of such collective bargaining agreements terminates (without regard to any extension, amendment, or modification of such agreements on or after such date of enactment), or
“(iii) in the case of a plan maintained pursuant to collective bargaining under the Railway Labor Act [ U.S.C. et seq.], the date of execution of an extension or replacement of the last of such collective bargaining agreements in effect on such date of enactment, or
“(B) January 1, 1997.
“(3) Transition rule for state and local plans.—
“(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 dollar limitation under section 401(a)(17) of such Code shall not apply to the extent the amount of compensation which is allowed to be taken into account under the plan would be reduced below the amount which was allowed to be taken into account under the plan as in effect on July 1, 1993.
“(B) Eligible participant.—For purposes of subparagraph (A), an eligible participant is an individual who first became a participant in the plan during a plan year beginning before the 1st plan year beginning after the earlier of—
“(i) the plan year in which the plan is amended to reflect the amendments made by this section, or
“(ii) December 31, 1995.
“(C) Plan must be amended to incorporate limits.—This paragraph shall not apply to any eligible participant of a plan unless the plan is amended so that the plan incorporates by reference the dollar limitation under section 401(a)(17) of the Internal Revenue Code of 1986, effective with respect to noneligible participants for plan years beginning after December 31, 1995 (or earlier if the plan amendment so provides).”
Effective Date of 1992 Amendment
Amendment by section
–(8) of applicable to distributions after Dec. 31, 1992, see section 521(e) of , set out as a note under section
of this title.
Section 522(d) of provided that:
“(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section and sections
to
,
,
,
, and
of this title] shall apply to distributions after December 31, 1992.
“(2) Transition rule for certain annuity contracts.—If, as of July 1, 1992, a State law prohibits a direct trustee-to-trustee transfer from an annuity contract described in section 403(b) of the Internal Revenue Code of 1986 which was purchased for an employee by an employer which is a State or a political subdivision thereof (or an agency or instrumentality of any 1 or more of either), the amendments made by this section shall not apply to distributions before the earlier of—
“(A) 90 days after the first day after July 1, 1992, on which such transfer is allowed under State law, or
“(B) January 1, 1994.”
Effective Date of 1990 Amendment
Amendment by applicable to transfers in taxable years beginning after Dec. 31, 1990, see section 12011(c)(1) of , set out as an Effective Date note under section
of this title.
Effective Date of 1989 Amendments
Section 7311(b) of provided that:
“(1) In general.—The amendment made by this section [amending this section] shall apply to contributions after October 3, 1989.
“(2) Transition.—The amendment made by this section shall not apply to contributions made before January 1, 1990, if—
“(A) the employer requested before October 3, 1989, a private letter ruling or determination letter with respect to the qualification of the plan maintaining the account under section 401(h) of the Internal Revenue Code of 1986,
“(B) the request sets forth a method under which the amount of contributions to the account are to be determined on the basis of cost,
“(C) such method is permissible under section 401(h) of such Code under the provisions of General Counsel Memorandum 39785, and
“(D) the Internal Revenue Service issued before October 4, 1989, a private letter ruling, determination letter, or other letter providing that the specific plan involved qualifies under section 401(a) of such Code when such method is used, that contributions to the account are deductible, or acknowledging that the account would not adversely affect the qualified status of the plan (contingent on all phases of the particular plan being approved).”
Amendment by sections 7811(g)(1), (h)(3) and 7816(l) of effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, , to which such amendment relates, see section 7817 of , set out as a note under section
of this title.
Section 7882 of provided that: “Except as otherwise provided in this subpart [subpart C (§§ 7881,
7882) of part V of title VII of , amending this section and sections
and
of this title, and sections
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
, and
of Title
, Labor, enacting provisions set out as a note under section
of Title
, and amending provisions set out as notes under sections
and
of this title and sections
,
,
, and
of Title
], any amendment made by this subpart shall take effect as if included in the provision of the Pension Protection Act [, title IX, subtitle D, part II, §§ 9302–9346] to which such amendment relates.”
Amendment by effective as if included in section 1151 of , see section 203(c) of , set out as a note under section
of this title.
Effective Date of 1988 Amendment
Section 1011(c)(7)(E) of provided that:
“(i) Except as provided in clause (ii), the amendments made by this paragraph [amending this section and sections
,
, and
of this title] shall apply to plan years beginning after December 31, 1987.
“(ii) In the case of a plan described in section 1105(c)(2) of the Reform Act [section 1105(c)(2) of , set out as an Effective Date of 1986 Amendment note under section
of this title], the amendments made by this paragraph shall not apply to contributions made pursuant to an agreement described in such section for plan years beginning before the earlier of—
“(I) the later of January 1, 1988, or the date on which the last of such agreements terminates (determined without regard to any extension thereof after February 28, 1986), or
“(II) January 1, 1989.”
Section 1011(k)(1)(C) of provided that:
“(i) Subparagraph (A)(i) of section 401(k)(10) of the 1986 Code (as added by subparagraph (B)) shall apply to distributions after October 16, 1987.
“(ii) Subparagraph (B) of section 401(k)(10) of the 1986 Code (as added by subparagraph (B)) shall apply to distributions after March 31, 1988.”
Section 1011(l)(5)(B) of provided that: “The amendment made by this paragraph [amending this section] shall take effect as if included in the amendments made by section 1120 of the Reform Act [].”
Amendment by sections
, (e)(3), (g)(1)–(3), (h)(3), (k)(1)(A), (B), (2)–(7), (9), (l)(1)–(4), (6), (7), 1011A(j), (l), and 1011B(j)(1), (2), (6), (k)(1), (2) 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 6053(b) of provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the amendments made by section 1121 of the Reform Act [].”
Section 6055(b) of provided that: “The amendment made by this section [amending this section] shall take effect as if included in the amendments made by section 1112(b) of the Reform Act [].”
Section 6071(d) of provided that: “The amendments made by this section [amending this section and section
of this title] shall apply to taxable years beginning after the date of the enactment of this Act [Nov. 10, 1988].”
Effective Date of 1987 Amendment
Section 9341(c) of , as amended by , title VII, § 7881(i)(5), Dec. 19, 1989, , provided that:
“(1) In general.—Except as provided in this subsection, the amendments made by this section [enacting section
of Title
, Labor, and amending this section] shall apply to plan amendments adopted after the date of the enactment of this Act [Dec. 22, 1987].
“(2) Collective bargaining agreements.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan amendments adopted pursuant to collective bargaining agreements ratified before the date of enactment (without regard to any extension, amendment, or modification of such agreements on or after such date of enactment).”
Effective Date of 1986 Amendment
Amendment by section 1106(d)(1) of applicable to benefits accruing in years beginning after Dec. 31, 1988, except as otherwise provided, see section 1106(i)(5) of , set out as a note under section
of this title.
Section 1111(c) of , as amended by , title I, § 1011(g)(4), Nov. 10, 1988, , provided that:
“(1) Subsection (a).—The amendments made by subsection (a) [amending this section] shall apply to benefits attributable to plan years beginning after December 31, 1988.
“(2) Subsection (b).—The amendments made by subsection (b) [amending this section] shall apply to years beginning after December 31, 1988.
“(3) Special rule for collective bargaining agreements.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before March 1, 1986, the amendments made by this section shall not apply to plan years beginning before the earlier of—
“(A) the later of—
“(i) January 1, 1989, or
“(ii) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after February 28, 1986), or
“(B) January 1, 1991.”
Section 1112(e) of , as amended by , title I, § 1011(h)(6)–(9), Nov. 10, 1988, , provided that:
“(1) In general.—The amendments made by this section [amending this section and sections
,
,
,
,
, and
of this title] shall apply to plan years beginning after December 31, 1988.
“(2) Special rule for collective bargaining agreements.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before March 1, 1986, the amendments made by this section shall not apply to plan years beginning before the earlier of—
“(A) the later of—
“(i) January 1, 1989, or
“(ii) the date on which the last of such collective bargaining agreement terminates (determined without regard to any extension thereof after February 28, 1986), or
“(B) January 1, 1991.
“(3) Waiver of excise tax on reversions.—
“(A) In general.—If—
“(i) a plan is in existence on August 16, 1986,
“(ii) such plan would fail to meet the requirements of section 401(a)(26) of the Internal Revenue Code of 1986 (as added by subsection (b)) if such section were in effect for the plan year including August 16, 1986, and
“(iii) there is no transfer of assets to or liabilities from the plan or spinoff or merger involving such plan after August 16, 1986,
then no tax shall be imposed under section 4980 of such Code on any employer reversion by reason of the termination or merger of such plan before the 1st year to which the amendment made by subsection (b) applies.
“(B) Interest rate for determining accrued benefit of highly compensated employees for certain purposes.—In the case of a termination, transfer, or distribution of assets of a plan described in subparagraph (A)(ii) before the 1st year to which the amendment made by subsection (b) applies—
“(i) Amount eligible for rollover, income averaging, or tax-free transfer.—For purposes of determining any eligible amount, the present value of the accrued benefit of any highly compensated employee shall be determined by using an interest rate not less than the highest of—
“(I) the applicable rate under the plan’s method in effect under the plan on August 16, 1986,
“(II) the highest rate (as of the date of the termination, transfer, or distribution) determined under any of the methods applicable under the plan at any time after August 15, 1986, and before the termination, transfer, or distribution in calculating the present value of the accrued benefit of an employee who is not a highly compensated employee under the plan (or any other plan used in determining whether the plan meets the requirements of section 401 of the Internal Revenue Code of 1986), or
“(III) 5 percent.
“(ii) Eligible amount.—For purposes of clause (i), the term ‘eligible amount’ means any amount with respect to a highly compensated employee which—
“(I) may be rolled over under section 402(a)(5) of such Code,
“(II) is eligible for income averaging under section 402(e)(1) of such Code, or capital gains treatment under section 402(a)(2) or 403(a)(2) of such Code (as in effect before this Act), or
“(III) may be transferred to another plan without inclusion in gross income.
“(iii) Amounts subject to early withdrawal or excess distribution tax.—For purposes of sections 72(t) and 4980A of such Code, there shall not be taken into account the excess (if any) of—
“(I) the amount distributed to a highly compensated employee by reason of such termination or distribution, over
“(II) the amount determined by using the interest rate applicable under clause (i).
“(iv) Distributions of annuity contracts.—If an annuity contract purchased after August 16, 1986, is distributed to a highly compensated employee in connection with such termination or distribution, there shall be included in gross income for the taxable year of such distribution an amount equal to the excess of—
“(I) the purchase price of such contract, over
“(II) the present value of the benefits payable under such contract determined by using the interest rate applicable under clause (i).
Such excess shall not be taken into account for purposes of sections 72(t) and 4980A of such Code.
“(v) Highly compensated employee.—For purposes of this subparagraph, the term ‘highly compensated employee’ has the meaning given such term by section 414(q) of such Code.
“(4) Special rule for plans which may not terminate.—To the extent provided in regulations prescribed by the Secretary of the Treasury or his delegate, if a plan is prohibited from terminating under title IV of the Employee Retirement Income Security Act of 1974 [ U.S.C. et seq.] before the 1st year to which the amendment made by subsection (b) would apply, the amendment made by subsection (b) shall only apply to years after the 1st year in which the plan is able to terminate.”
Amendment by section 1114(b)(7) 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 1116(f) of , as amended by , title I, § 1011(k)(8), (10), Nov. 10, 1988, , provided that:
“(1) In general.—Except as provided in this subsection, the amendments made by this section [amending this section] shall apply to years beginning after December 31, 1988.
“(2) Nondiscrimination rules.—
“(A) In general.—Except as provided in subparagraph (B), the amendments made by subsections (a), (b)(4), and (d) [amending this section], and the provisions of section 401(k)(4)(B) of the Internal Revenue Code of 1986 (as added by this section), shall apply to years beginning after December 31, 1986.
“(B) Transition rules for certain governmental and tax-exempt plans.—Subparagraph (B) of section 401(k)(4) of the Internal Revenue Code of 1986 (relating to governments and tax-exempt organizations not eligible for cash or deferred arrangements), as added by this section, shall not apply to any cash or deferred arrangement adopted by—
“(i) a State or local government or political subdivision thereof, or any agency or instrumentality thereof, before May 6, 1986, or
“(ii) a tax-exempt organization before July 2, 1986.
In the case of an arrangement described in clause (i), the amendments made by subsections (a), (b)(4), and (d) shall apply to years beginning after December 31, 1988. If clause (i) or (ii) applies to any arrangement adopted by a governmental unit, then any cash or deferred arrangement adopted by such unit on or after the date referred to in the applicable clause shall be treated as adopted before such date.
“(3) Aggregation and excess contributions.—The amendments made by subsections (c) and (e) [amending this section] shall apply to years beginning after December 31, 1986.
“(4) Collective bargaining agreements.—
“(A) In general.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before March 1, 1986, the amendments made by this section shall not apply to years beginning before the earlier of—
“(i) the later of—
“(I) January 1, 1989, or
“(II) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after February 28, 1986), or
“(ii) January 1, 1991.
“(B) Special rule for nondiscrimination rules.—In the case of a plan described in subparagraph (A), the amendments and provisions described in paragraph (2) shall not apply to years beginning before the earlier of—
“(i) the date determined under subparagraph (A)(i)(II), or
“(ii) January 1, 1989.
“(5) Special rule for qualified offset arrangements.—
“(A) In general.—A cash or deferred arrangement shall not be treated as failing to meet the requirements of section 401(k)(4) of the Internal Revenue Code of 1986 (as added by this section) to the extent such arrangement is part of a qualified offset arrangement consisting of such cash or deferred arrangement and a defined benefit plan.
“(B) Qualified offset arrangement.—For purposes of subparagraph (A), a cash or deferred arrangement is part of a qualified offset arrangement with a defined benefit plan to the extent such offset arrangement satisfies each of the following conditions with respect to the employer maintaining the arrangement on April 16, 1986, and at all times thereafter:
“(i) The benefit under the defined benefit plan is directly and uniformly conditioned on the initial elective deferrals (up to 4 percent of compensation).
“(ii) The benefit provided under the defined benefit plan (before the offset) is at least 60 percent of an employee’s cumulative elective deferrals (up to 4 percent of compensation).
“(iii) The benefit under the defined benefit plan is reduced by the benefit attributable to the employee’s elective deferrals under the plan (up to 4 percent of compensation) and the income allocable thereto. The interest rate used to calculate the reduction shall not exceed the greater of the rate under section 411(a)(11)(B)(ii) of such Code or the interest rate applicable under section 411(c)(2)(C)(iii) of such Code, taking into account section 411(c)(2)(D) of such Code.
For purposes of applying section 401(k)(3) of such Code to the cash or deferred arrangement, the benefits under the defined benefit plan conditioned on initial elective deferrals may be treated as matching contributions under such rules as the Secretary of the Treasury or his delegate may prescribe. The Secretary shall provide rules for the application of this paragraph in the case of successor plans.
“(C) Definition of employer.—For purposes of this paragraph, the term ‘employer’ includes any research and development center which is federally funded and engaged in cancer research, but only with respect to employees of contractor-operators whose salaries are reimbursed as direct costs against the operator’s contract to perform work at such center.
“(6) Withdrawals on sale of assets.—Subclauses (II), (III), and (IV) of section 401(k)(2)(B)(i) of the Internal Revenue Code of 1986 (as added by subsection (b)(1)) shall apply to distributions after December 31, 1984.
“(7) Distributions before plan amendment.—
“(A) In general.—If a plan amendment is required to allow a plan to make any distribution described in section 401(k)(8) of the Internal Revenue Code of 1986, any such distribution which is made before the close of the 1st plan year for which such amendment is required to be in effect under section
1140 [set out as a note below], shall be treated as made in accordance with the provisions of such plan.
“(B) Distributions pursuant to model amendment.—
“(i) Secretary to prescribe amendment.—The Secretary of the Treasury or his delegate shall prescribe an amendment which allows a plan to make any distribution described in section 401(k)(8) of such Code.
“(ii) Adoption by plan.—If a plan adopts the amendment prescribed under clause (i) and makes a distribution in accordance with such amendment, such distribution shall be treated as made in accordance with the provisions of the plan.”
Section 1117(d) of , as amended by , title I, § 1011(l)(12), Nov. 10, 1988, , provided that:
“(1) In general.—The amendments made by this section [enacting section
of this title and amending this section and section
of this title] shall apply to plan years beginning after December 31, 1986.
“(2) Collective bargaining agreements.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before March 1, 1986, the amendments made by this section shall not apply to plan years beginning before the earlier of—
“(A) January 1, 1989, or
“(B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after February 28, 1986).
“(3) Annuity contracts.—In the case of an annuity contract under section 403(b) of the Internal Revenue Code of 1986—
“(A) the amendments made by this section shall apply to plan years beginning after December 31, 1988, and
“(B) in the case of a collective bargaining agreement described in paragraph (2), the amendments made by this section shall not apply to years beginning before the earlier of—
“(i) the later of—
“(I) January 1, 1989, or
“(II) the date determined under paragraph (2)(B), or
“(ii) January 1, 1991.
“(4) Distributions before plan amendment.—
“(A) In general.—If a plan amendment is required to allow a plan to make any distribution described in section 401(m)(6) of the Internal Revenue Code of 1986, any such distribution which is made before the close of the 1st plan year for which such amendment is required to be in effect under section
1140 [set out as a note below] shall be treated as made in accordance with the provisions of the plan.
“(B) Distributions pursuant to model amendment.—
“(i) Secretary to prescribe amendment.—The Secretary of the Treasury or his delegate shall prescribe an amendment which allows a plan to make any distribution described in section 401(m)(6) of the Internal Revenue Code of 1986.
“(ii) Adoption by plan.—If a plan adopts the amendment prescribed under clause (i) and makes a distribution in accordance with such amendment, such distribution shall be treated as made in accordance with the provisions of the plan.”
Section 1119(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to plan years beginning after December 31, 1985.”
Section 1121(d) of , as amended by , title I, § 1011A(a)(3), (4), Nov. 10, 1988, , 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, 1988.
“(2) Subsection (c).—The amendments made by subsection (c) [amending sections
and
of this title] shall apply to years beginning after December 31, 1986.
“(3) Collective bargaining agreements.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before March 1, 1986, the amendments made by this section shall not apply to distributions to individuals covered by such agreements in years beginning before the earlier of—
“(A) the later of—
“(i) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after February 28, 1986), or
“(ii) January 1, 1989, or
“(B) January 1, 1991.
“(4) Transition rules.—
“(A) The amendments made by subsections (a) and (b) [amending this section and section
of this title] shall not apply with respect to any benefits with respect to which a designation is in effect under section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act of 1982 [section 242(b)(2) of , formerly set out as a note below].
“(B)(i) Except as provided in clause (ii), the amendment made by subsection (b) [amending this section] shall not apply in the case of any individual who has attained age 701/2 before January 1, 1988.
“(ii) Clause (i) shall not apply to any individual who is a 5-percent owner (as defined in section 416(i) of the Internal Revenue Code of 1986), at any time during—
“(I) the plan year ending with or within the calendar year in which such owner attains age 661/2, and
“(II) any subsequent plan year.
“(5) Plans may incorporate section
(9) requirements by reference.—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 requirements of section 401(a)(9) of the Internal Revenue Code of 1986.”
Section 1136(c) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1985.”
Section 1143(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1986.”
Section 1145(d) of provided that: “The amendments made by this section [amending this section, section
of Title
, Labor, and provisions set out as a note under section
of Title
] shall apply as if included in the amendments made by the Retirement Equity Act of 1984 [].”
Amendment by section 1171(b)(5) of applicable to compensation paid or accrued after Dec. 31, 1986, in taxable years ending after such date, except as otherwise provided, see section 1171(c) of , set out as a note under section
of this title.
Section 1174(c)(2)(B) of provided that: “The amendment made by this paragraph [amending this section] shall apply to distributions attributable to stock acquired after December 31, 1986.”
Section 1175(a)(2) of provided that: “The amendment made by this subsection [amending this section] shall apply to stock acquired after December 31, 1986.”
Section 1176(c) of provided that: “The amendment made by subsection (a) [amending this section] shall be effective December 31, 1986. The amendment made by subsection (b) [amending section
of this title] shall apply to acquisitions of securities after December 31, 1986.”
Section 1852(h)(1) of , as amended by , title I, § 1018(t)(3)(C), Nov. 10, 1988, , provided that the amendment made by that section is effective for years beginning after Dec. 31, 1985.
Section 1879(g)(3) of provided that: “The amendments made by this subsection [amending this section] shall apply to plan years beginning after December 31, 1984.”
Amendment by sections 1848(b) and 1852(a)(4)(A), (6), (b)(8), (g), (h)(1) 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.
Section 1898(j) of provided that: “Except as otherwise provided in this section, any amendment made by this section [amending this section, sections
,
,
,
,
, and
of this title, and sections
to
of Title
, Labor, and provisions set out as notes under section
of Title
] shall take effect as if included in the provision of the Retirement Equity Act of 1984 [] to which such amendment relates.”
Effective Date of 1984 Amendments
Amendment by section 203(a) of applicable to plan years beginning after Dec. 31, 1984, amendment by section 204(a) of effective Jan. 1, 1985, and amendment by section 301(b) of applicable to plan amendments made after July 30, 1984, but not applicable to the termination of a certain defined benefit plan, except as otherwise provided, see sections 302 and 303 of , set out as a note under section
of Title
, Labor.
Nothing in amendment by section 203(a) of to prevent any distribution required by reason of a failure to comply with the terms of a loan made on or before Aug. 18, 1985, and secured by a portion of the participant’s accrued benefit, see section 1898(b)(4)(C)(ii) of , set out as an Effective Date of 1986 Amendment note under section
of this title.
Amendment by section 211(b)(5) of applicable to taxable years beginning after Dec. 31, 1983, see section 215 of , set out as an Effective Date note under section
of this title.
Amendment by section 474(r)(13) of applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of , set out as a note under section
of this title.
Section 491(f)(3) of provided that: “The amendments made by subsection (e) [redesignating section
as section
of this title and amending this section and sections
,
,
, and
of this title] shall take effect on January 1, 1984.”
Section 521(e) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) In general.—The amendments made by this section [amending this section and sections
,
, and
of this title and repealing provisions set out as a note under this section] shall apply to years beginning after December 31, 1984.
“(2) Repeal of section 242 of tefra.—The amendment made by subsection (a)(2) [repealing section 242 of , which amended this section and enacted provisions formerly set out below] shall take effect as if included in the Tax Equity and Fiscal Responsibility Act of 1982 [].
“(3) Transition rule.—A trust forming part of a plan shall not be disqualified under paragraph (9) of section 401(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as amended by subsection (a)(1), by reason of distributions under a designation (before January 1, 1984) by any employee in accordance with a designation described in section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act of 1982 (as in efffect [sic] before the amendments made by this Act) [formerly set out as an Effective Date of 1982 Amendment note below].
“(4) Special rule for governmental plans.—In the case of a governmental plan (within the meaning of section 414(d) of the Internal Revenue Code of 1986), paragraph (1) shall be applied by substituting ‘1986’ for ‘1984’.
“(5) Special rule for collective bargaining agreements.—In the case of a plan maintained pursuant to one or more collective bargaining agreements ratified on or before the date of the enactment of this Act [July 18, 1984] between employee representatives and one or more employers, the amendments made by this section 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), or
“(B) January 1, 1988.
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 shall not be treated as a termination of such collective bargaining agreement.”
Section 524(d)(2) of provided that: “The amendment made by this subsection [amending this section] shall apply to plan years beginning after December 31, 1983.”
Section 527(c) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) Subsection (a).—
“(A) In general.—Except as provided in subparagraph (B), the amendment made by subsection (a) [amending this section] shall apply to plan years beginning after December 31, 1984.
“(B) Exception for certain existing plans.—The amendment made by subsection (a) shall not apply to any plan—
“(i) which was maintained by a State on June 8, 1984, and
“(ii) with respect to which a determination letter had been issued by the Secretary on December 6, 1982.
“(2) Subsection (b).—
“(A) In general.—The amendments made by this section [amending this section] shall apply with respect to plan years beginning after the date of the enactment of this Act [July 18, 1984].
“(B) Transitional rule.—Rules similar to the rules under section 135(c)(2) of the Revenue Act of 1978 [section 135(c)(2) of , set out below] shall apply with respect to any pre-ERISA money purchase plan (as defined in section 401(k)(5) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) for plan years beginning after December 31, 1979, and on or before the date of the enactment of this Act.”
Section 528(c) of provided that: “The amendments made by this section [amending this section and section
of this title] shall apply to years beginning after March 31, 1984.”
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 Amendments
Amendment by applicable to taxable years beginning after Dec. 31, 1989, see section 124(d)(2) of , set out as a note under section
of this title.
Amendment by effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, , to which such amendment relates, see section 109 of , set out as a note under section
of this title.
Effective Date of 1982 Amendment
Section 242(b) of , which prescribed the effective date for amendment by section 242(a) of , was repealed by , div. A, title V, § 521(a)(2), July 18, 1984, .
Section 249(b) of provided that: “The amendments made by this section [amending this section] shall apply to plan years beginning after December 31, 1983.”
Section 254(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to taxable years beginning after December 31, 1981.”
Amendment by sections 237, 238, and 240 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.
Effective Date of 1981 Amendment
Amendment by section
, (c)(2)–(4), (e)(2) of applicable to plans which include employees within the meaning of subsec. (c)(1) of this section with respect to taxable years beginning after Dec. 31, 1981, see section 312(f)(1) of , set out as a note under section
of this title.
Section 314(a)(2) of provided that: “The amendment made by paragraph (1) [amending this section] shall apply to distributions after December 31, 1980, in taxable years beginning after such date.”
Section 338(b) of provided that: “The amendment made by this section [amending this section] shall apply to acquisitions of securities after December 31, 1979.”
Section 339 of provided that: “Except as otherwise provided, the amendments made by this subtitle [subtitle D (§§ 331–339) of title III of , enacting section
of this title and amending this section and sections
,
,
,
,
,
,
,
,
,
,
,
, and
of this title] shall apply to taxable years beginning after December 31, 1981.”
Effective Date of 1980 Amendments
Section 221(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to plan years beginning after December 31, 1980.”
Section 225(c) of provided that: “The amendments made by this section [amending this section and sections
and
of this title] shall apply with respect to plan years beginning after December 31, 1980.”
Section 410(c) of provided that: “The amendment made by this section [amending this section and section
of Title
, Labor] shall take effect on January 1, 1975, except that in the case of contributions received by a collectively bargained plan maintained by more than one employer before the date of enactment of this Act, [Sept. 26, 1980], any determination by the plan administrator that any such contribution was made by mistake of fact or law before such date shall be deemed to have been made on such date of enactment.”
Amendment by section 208(a), (e) of effective Sept. 26, 1980, see section 210(a) of , set out as an Effective Date note under section
of this title.
Amendment by 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
Section 135(c)(1) of provided that: “The amendments made by this section [amending this section and section
of this title] shall apply to plan years beginning after December 31, 1979.”
Amendment by section 141(f)(3) of effective 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 143(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to acquisitions of securities after December 31, 1979.”
Amendment by section 152(e) 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.
Effective Date of 1976 Amendments
Amendment by section 803(b)(2) of effective for taxable years beginning after Dec. 31, 1974, see section 803(j) of , set out as a note under section
of this title.
Section 1505(c) of provided that: “The amendments made by this section [amending this section and section
of this title] apply for taxable years beginning after December 31, 1975.”
Amendment by section 1901(a)(56) 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.
Section 1(e) of provided that: “The amendments made by this Act [amending this section and sections
to
and
of this title, and enacting provisions set out as a note under section
of this title] shall apply with respect to payments made to an employee on or after July 4, 1974.”
Effective Date of 1974 Amendment
Amendment by sections 1012(b) and 1016(a)(2) of applicable, except as otherwise provided in section 1017(c) through (i) of , for plan years beginning after Sept. 2, 1974, but, in the case of plans in existence on Jan. 1, 1974, amendment by sections 1012(b) and 196(a)(2) of applicable for plan years beginning after Dec. 31, 1975, see section 1017 of , set out as an Effective Date; Transitional Rules note under section
of this title.
Section 1021(a)(1), (b) of provided that the amendment made by that section is effective with respect to plan years beginning after Dec. 31, 1975.
Section 1022(d) of provided that the amendment made by that section is effective as of Jan. 1, 1974.
Section 1022(f) of provided that the amendment made by that section is effective as of Jan. 1, 1974.
Section 1024 of provided that: “Except as otherwise provided in section
, the amendments made by section
[amending this section] shall apply to plan years to which part I applies. [For description of plan years to which part I applies, see section 1017 of , set out as an Effective Date; Transitional Rules note under section
of this title.] Except as otherwise provided in section
, the amendments made by section
[amending this section and section
of this title] shall apply to plan years to which part I applies. Section
[amending this section] shall take effect on the date of the enactment of this Act [Sept. 2, 1974].”
Section
–(4) of provided that:
“(2) The amendments made by subsection (c) [amending this section] apply to
“(A) taxable years beginning after December 31, 1975, and
“(B) any other taxable years beginning after December 31, 1973, for which contributions were made under the plan in excess of the amounts permitted to be made under sections
and
[of this title] as in effect on the day before the date of the enactment of this Act [Sept. 2, 1974].
“(3) The amendments made by subsection (d) [amending this section] apply to taxable years beginning after December 31, 1975.
“(4) The amendments made by subsections (e) and (f) [enacting section
of this title and amending this section and section
of this title] apply to contributions made in taxable years beginning after December 31, 1975.”
Amendment by section 2001(h)(1) of applicable to taxable years ending after Sept. 2, 1974, see section 2001(i)(6) of , set out as a note under section
of this title.
Amendment by section 2004(a)(1) of applicable to years beginning after Dec. 31, 1975, see section 2004(d) of , set out as an Effective Date; Transitional Provisions note under section
of this title.
Effective Date of 1971 Amendment
Section 1(b) of provided that: “The amendments made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1953, and ending after August 16, 1954, but only with respect to contributions made after December 31, 1954.”
Effective Date of 1966 Amendment
Section 204(d) of , as amended by , Oct. 21, 1968, ; , § 2, Oct. 22, 1986, , provided that: “The amendments made by subsections (a) and (b) [amending this section and section
of this title] shall apply with respect to taxable years beginning after December 31, 1967. The amendment made by subsection (c) [amending this section] shall apply with respect to taxable years beginning after December 31, 1967, and in the case of a taxpayer who applies the averaging provisions of section 401(e)(3) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] for a taxable year beginning after December 31, 1967, the computation of the amount deductible under section 404 of such Code for any prior taxable year which began before January 1, 1968, shall be made, for purposes of such averaging provisions, as if the amendment made by subsection (c) were applicable to such prior taxable year.”
Section 205(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Nov. 13, 1966].”
Effective Date of 1965 Amendment
Amendment by applicable to taxable years beginning after Dec. 31, 1966, see section 106(e) of , set out as a note under section
of this title.