Page:United States Statutes at Large Volume 100 Part 5.djvu/871

This page needs to be proofread.

PUBLIC LAW 99-000—MMMM. DD, 1986

CONCURRENT RESOLUTIONS—MAR. 26, 1986

100 STAT. 4345

(54) SECTION IIOI9.—In section 11019 of the bill, redesignate subsection Q>) as subsection (c), and strike out subsection (a) and insert in lieu thereof the following new subsections: "(a) IN GENERAL.—Except as otherwise provided in this title, the Effective date. amendments made by this title shall be effective as of January 1, 1986, except that such amendments shall not apply with respect to terminations for which— "(1) notices of intent to terminate were filed with the Pension

Benefit Guaranty Corporation under section 4041 of the Employee Retirement Income Security Act of 1974 before such

date, or "(2) proceedings were commenced under section 4042 of such Act before such date. "(b) TRANSITIONAL RULES.—

"(1) IN GENERAL.—In the case of a single-employer plan termination for which a notice of intent to terminate was filed with the Pension Benefit Guaranty Corporation under section 4041 of j the Employee Retirement Income Security Act of 1974 (as in V effect before the amendments made by this title) on or after January 1, 1986, but before the date of the enactment of this i Act, the amendments made by this title shall apply with respect to such termination, as modified by paragraphs (2) and (3). "(2) DEEMED COMPLIANCE WITH NOTICE REQUIREMENTS.—The

^ requirements of subsections (a)(2), (b)(l)(A), and (c)(l)(A) of section 4041 of the Employee Retirement Income Security Act of 1974 (as amended by this title) shall be considered to have been met with respect to a termination described in paragraph (1) ' if— i "(A) the plan administrator provided notice to the partici' pants in the plan regarding the termination in compliance iit; with applicable regulations of the Pension Benefit Guaranty Corporation as in effect on the date of the notice, and "(B) the notice of intent to terminate provided to the Pension Benefit Guaranty Corporation in connection with the termination was filed with the Corporation not less than 10 days before the proposed date of termination specified in the notice. For purposes of section 4041 of such Act (as amended by this Termination title), the proposed date of termination specified in the notice of date. intent to terminate referred to in subparagraph (B) shall be considered the proposed termination date. "(3) SPECIAL TERMINATION PROCEDURES.—

-STij

"(A) IN GENERAL.—This paragraph shall apply with respect to any termination described in paragraph (1) if, within 90 days after the date of enactment of this Act, the plan administrator notifies the Corporation in writing— "(i) that the plan administrator wishes the termination to proceed as a standard termination under section 4041(b) of the Employee Retirement Income Security Act of 1974 (as amended by this title) in accordance with subparagraph (B), "(ii) that the plan administrator wishes the termination to proceed as a distress termination under section 4041(c) of such Act (as amended by this title) in accordance with subparagraph (C), or "(iii) that the plan administrator wishes to stop the termination proceedings in accordance with subparagraph (D).