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(a) IN GENERAL.—Section 415(e) is repealed.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.
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