12 2 STA T .5 1 0 1 PUBLIC LA W 110 –4 5 8—DE C.2 3, 2008 schedul e of co ntrib ution r a tes p ro v ided under this sub - section shall be treated as a delin q uent contribution under section 51 5 and shall be enforceable as such .’ ’ ,( ii ) in para g raph ( 4 ) — ( I )b y stri k ing ‘ ‘the date of’’ in subparagraph ( A )(ii), and (II) by striking ‘‘and taking’’ in subparagraph ( B ) and inserting ‘‘but taking’’, (iii) in paragraph ( 6 )— (I) by striking ‘‘paragraph (1)(B)(i)’’ and inserting ‘‘the last sentence of paragraph (1)’’, and (II) by striking ‘‘established’’ and inserting ‘‘establish’’, (iv) in paragraph ( 8 )( C )(iii)— (I) by striking ‘‘the S ecretary’’ in subclause (I) and inserting ‘‘the Secretary of the T reasury, in consultation w ith the Secretary’’, and (II) by striking ‘‘Secretary’’ in the last sentence and inserting ‘‘Secretary of the Treasury’’, and (v) by striking ‘‘an e m ployer’s withdrawal liability’’ in paragraph ( 9 )(B) and inserting ‘‘the allocation of unfunded vested benefits to an employer’’. ( F ) Section 30 5(f)( 2 )(A)(i) of ER ISA is amended by adding at the end the following
‘‘to a participant or bene- ficiary whose annuity starting date (as defined in section 205(h)(2)) occurs after the date such notice is sent,’’. ( G ) Section 305(g) of ERISA is amended by inserting ‘‘under subsection (c)’’ after ‘‘funding improvement plan’’ the first place it appears. ( H ) Section 502(c)(2) of ERISA is amended by striking ‘‘101(b)(4)’’ and inserting ‘‘101(b)(1)’’. (I) Section 502(c)(8)(A) of ERISA is amended by inserting ‘‘plan’’ after ‘‘multiemployer’’. (2) A MEND MEN TS T O1986C ODE.— (A) Section 432(b)(3)(C) of the 1986 Code is amended by striking ‘‘section 101(b)(4)’’ and inserting ‘‘section 101(b)(1)’’. (B) Section 432(b)(3)( D )(iii) of the 1986 Code is amended by striking ‘‘The Secretary of L abor’’ and inserting ‘‘The Secretary, in consultation with the Secretary of Labor’’. (C) Section 432(c) of the 1986 Code is amended— (i) in paragraph (3), by striking ‘‘section 304(d)’’ in subparagraph (A)(ii) and inserting ‘‘section 431(d)’’, and (ii) in paragraph ( 7 )— (I) by striking ‘‘to agree on’’ and all that follows in subparagraph (A)(ii) and inserting ‘‘to adopt a contribution schedule with terms consistent with the funding improvement plan and a schedule from the plan sponsor,’’, and (II) by striking subparagraph (B) and inserting the following new subparagraph: ‘‘(B) D A TEO FI M PL EMENTATION.—The date specified in this subparagraph is the date which is 180 days after the date on which the collective bargaining agreement described in subparagraph (A) e x pires.’’. 26USC43 2 . 2 9 USC 1 132. 29USC1 085 .
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