Page:United States Statutes at Large Volume 110 Part 3.djvu/86

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110 STAT. 1816 PUBLIC LAW 104-188—AUG. 20, 1996 date. In any case to which this subparagraph apphes, the applicable election period under paragraph (7) shall not end before the 30th day after the date on which such explanation is provided. "(ii) The Secretary may by regulations limit the application of clause (i), except that such regulations may not limit the period of time by which the annuity starting date precedes the provision of the written explanation other than by providing that the annuity starting date may not be earlier than termination of employment. "(B) A plan may permit a participant to elect (with any applicable spousal consent) to waive any requirement that the written explanation be provided at least 30 days before the annuity starting date (or to waive the 30-day requirement under subparagraph (A)) if the distribution commences more than 7 days after such explanation is provided.". 26 USC 417 note. (c) EFFECTIVE DATE. —The amendments made by this section shall apply to plan years beginning after December 31, 1996. SEC. 1452. REPEAL OF LIMITATION IN CASE OF DEFINED BENEFIT PLAN AND DEFINED CONTRIBUTION PLAN FOR SAME EMPLOYEE; EXCESS DISTRIBUTIONS. (a) IN GENERAL.—Section 415(e) is repealed. (b) EXCESS DISTRIBUTIONS. —Section 4980A is amended by adding at the end the following new subsection: "(g) LIMITATION ON APPLICATION. —T his section shall not apply to distributions during years beginning after December 31, 1996, and before January 1, 2000, and such distributions shall be treated as made first from amounts not described in subsection (f).". (c) CONFORMING AMENDMENTS.— (1) Paragraph (1) of section 415(a) is amended— (A) by adding "or" at the end of subparagraph (A), (B) by striking ", or" at the end of subparagraph (B) and inserting a period, and (C) by striking subparagraph (C). (2) Subparagraph (B) of section 415(b)(5) is amended by striking "and subsection (e)". (3) Paragraph (1) of section 415(f) is amended by striking "subsections (b), (c), and (e)" and inserting "subsections (b) and (c)". (4) Subsection (g) of section 415 is amended by striking "subsections (e) and (f)" in the last sentence and inserting "subsection (f)". (5) Clause (i) of section 415(k)(2)(A) is amended to read as follows: "(i) any contribution made directly by an employee under such an arrangement shall not be treated as an annual addition for purposes of subsection (c), and". (6) Clause (ii) of section 415(k)(2)(A) is amended by striking "subsections (c) and (e)" and inserting "subsection (c)". (7) Section 416 is amended by striking subsection (h). 26 USC 415 note. (d) EFFECTIVE DATE. — (1) IN GENERAL. — Except as provided in paragraph (2), the amendments made by this section shall apply to limitation years beginning after December 31, 1999.