Page:United States Statutes at Large Volume 104 Part 2.djvu/974

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104 STAT. 1388-566 PUBLIC LAW 101-508 —NOV. 5, 1990 "(2) For purposes of this subsection— "(A) any term used in this subsection which is also used in section 4980(d) of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section, and "(B) any reference in this subsection to the Internal Revenue Code of 1986 shall be a reference to such Code as in effect immediately after the enactment of the Omnibus Budget Reconciliation Act of 1990." (2) CONFORMING AMENDMENTS. — (A) Section 404(a)(1)(D) of such Act (29 U.S.C. 1104(a)(1)(D)) is amended by striking "or title IV" and inserting "and title IV". (B) Section 4044(d) of such Act (29 U.S.C. 1344(d)) is amended by adding at the end thereof the following new paragraph: "(4) Nothing in this subsection shall be construed to limit the requirements of section 4980(d) of the Internal Revenue Code of 1986 (as in effect immediately after the enactment of the Omnibus Budget Reconciliation Act of 1990) or section 404(d) of this Act with respect to any distribution of residual assets of a single-employer plan to the employer." (C) Section 3 of such Act (29 U.S.C. 1002) is amended by adding at the end thereof the following new paragraph: "(41) The term 'single-employer plan' means a plan which is not a multiemployer plan. " 26 USC 4980 SEC. 12003. EFFECTIVE DATE. (a) IN GENERAL.— Except as provided in subsection (b), the amendments made by this subtitle shall apply to reversions occurring after September 30, 1990. (b) EXCEPTION.—The amendments made by this subtitle shall not apply to any reversion after September 30, 1990, if— (1) in the case of plans subject to title IV of the Employee Retirement Income Security Act of 1974, a notice of intent to terminate under such title was provided to participants (or if no participants, to the Pension Benefit Guaranty Corporation) before October 1, 1990, (2) in the case of plans subject to title I (and not to title IV) of such Act, a notice of intent to reduce future accruals under section 204(h) of such Act was provided to participants in connection with the termination before October 1, 1990, (3) in the case of plans not subject to title I or IV of such Act, a request for a determination letter with respect to the termination was filed with the Secretary of the Treasury or the Secretary's delegate before October 1, 1990, or (4) in the case of plans not subject to title I or IV of such Act and having only 1 participant, a resolution terminating the plan was adopted by the employer before October 1, 1990.