880
PUBLIC LAW 93-406-SEPT. 2, 1974
[88 STAT.
on the property within the 10-year period ending on the date of the transfer. 1 0 P E R C E N T L I M I T A T I O N W I T H RESPECT TO ACQUISITION A N D HOLDING OF EMPLOYER SECURITIES A N D EMPLOYER REAL PROPERTY BY CERTAIN P L A N S
29 USC 1107.
Regulations.
gg^^ ^Q^^ ^^^ Except as otherwise provided in this section and section 414: (1) A plan may not acquire or hold— (A) any employer security which is not a qualifying employer security, or (B) any employer real property which is not qualifying employer real property. (2) A plan may not acquire any qualifying employer security or qualifying employer real property, if immediately after such acquisition the aggregate fair market value of employer securities and employer real property held by the plan exceeds 10 percent of the fair market value of the assets of the plan. (3)(A) After December 31, 1984, a plan may not hold any qualifying employer securities or qualifying employer real property (or both) to the extent that the aggregate fair market value of such securities and property determined on December 31, 1984, exceeds 10 percent of the greater of— (i) the fair market value of the assets of the plan, determined on December 31, 1984, or (ii) the fair market value of the assets of the plan determined on January 1, 1975. (B) Subparagraph (A) of this paragraph shall not apply to any plan which on any date after December 31, 1974; and before January 1, 1985, did not hold employer securities or employer real property (or both) the aggregate fair market value of which determined on such date exceeded 10 percent of the greater of (i) the fair market value of the assets of the plan, determined on such date, or (ii) the fair market value of the assets of the plan determined on January 1, 1975. (4)(A) After December 31, 1979, a plan may not hold any employer securities or employer real property in excess of the amount specified in regulations under subparagraph (B). This subparagraph shall not apply to a plan after the earliest date after December 31, 1974, on which it complies with such regulations. ^g) ^^^ j^^^j, ^^^^^ December 31, 1976, the Secretary shall prescribe regulations which shall have the effect of requiring that a plan divest itself of 50 percent of the holdings of employer securities and employer real property which the plan would be required to divest before January 1, 1985, under paragraph (2) or subsection (c) (whichever is applicable), (b)(1) Subsection (a) of this section shall not apply to any acquisition or holding of qualifying employer securities or qualifying employer real property by an eligible individual account plan. (2) CROSS REFERENCES.—
(A) For exemption from diversification requirements for holding of qualifying employer securities and qualifying employer real property by eligihle individual account plans, see section 404(a)(2). (B) For exemption from prohibited transactions for certain acquisitions of qualifying employer securities and qualifying employer real property which are not in violation of 10 percent limitation, see section 408(e). (C) For transitional rules respecting securities or real property subject to binding contracts in effect on June 30, 1974, see section 414(c).
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