12 2 STA T .5 1 08PUBLIC LA W 110 –4 58 —DE C.2 3, 2008 (2)Section701 (e) o f t h e 200 6A cti sam en d ed — (A) by inse r tin g‘ ‘on or ’ ’ after ‘‘ p eriod’’ in paragraph ( 3 ) , ( B ) in paragraph ( 4 )— (i) by inserting ‘‘the ear l ier of’’ after ‘‘before’’ in the matter preceding s u bparagraph (A), and (ii) by stri k ing ‘‘earlier’’ and inserting ‘‘later’’ in subparagraph (A), ( C ) by inserting ‘‘on or’’ before ‘‘after’’ each place it appears in paragraph ( 5 ), and ( D ) by adding at the end the follo w ing new paragraph
‘‘(6) S PECIALRU LE FO R V E ST I NG RE Q UIRE M ENTS . — T he re q uirements of section 203(f)(2) of the E mployee R etirement I ncome Security Act of 1 9 74 and section 411(a)(13)(B) of the Internal Re v enue Code of 19 8 6 (as added by this Act)— ‘‘(A) shall not apply to a participant who does not have an hour of service after the effective date of such requirements (as otherwise determined under this sub - section)
and ‘‘(B) in the case of a plan other than a plan described in paragraph (3) or (4), shall apply to plan years ending on or after J une 29, 2005.’’. SEC.108 . AM E ND MEN T S R E L ATED T O T I TLE V III. (a) AMEN D MENTS RELATED TO SECTION 801.— (1) Section 404(o) of the 1986 Code is amended— (A) by striking ‘‘430(g)(2)’’ in paragraph (2)(A)(ii) and inserting ‘‘430(g)(3)’’, and (B) by striking ‘‘412(f)(4)’’ in paragraph (4)(B) and inserting ‘‘412(d)(3)’’. (2) Section 404(a)(7)(A) of the 1986 Code is amended— (A) by striking the ne x t to last sentence, and (B) by striking ‘‘the plan’s funding shortfall determined under section 430’’ in the last sentence and inserting ‘‘the excess (if any) of the plan’s funding target (as defined in section 430(d)(1)) over the value of the plan’s assets (as determined under section 430(g)(3))’’. (b) AMENDMENT RELATED TO SECTION 802.—Section 404(a)(1)(D)(i) of the 1986 Code is amended by striking ‘‘431(c)(6)(C)’’ and inserting ‘‘431(c)(6)(D)’’. (c) AMENDMENT RELATED TO SECTION 803.—Clause (iii) of sec- tion 404(a)(7)(C) of the 1986 Code is amended to read as follows: ‘‘(iii) L IMITATION.—In the case of employer con- tributions to 1 or more defined contribution plans— ‘‘(I) if such contributions do not exceed 6 per- cent of the compensation otherwise paid or accrued during the taxable year to the beneficiaries under such plans, this paragraph shall not apply to such contributions or to employer contributions to the defined benefit plans to which this paragraph would otherwise apply by reason of contributions to the defined contribution plans, and ‘‘(II) if such contributions exceed 6 percent of such compensation, this paragraph shall be applied by only taking into account such contribu- tions to the extent of such excess. Ap p licab ili ty.26USC40 4. Applicability. 26USC4 1 1.
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