Page:United States Statutes at Large Volume 95.djvu/308

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 282

Ante, p. 278. 26 USC 415.

26 USC 62.

26 USC 408.

26 USC 415. 26 USC 2039.

26 USC 2503. 26 USC 3401. 26 USC 4973. 26 USC 6047.

26 USC 219 note.

PUBLIC LAW 97-34—AUG. 13, 1981 409(b)(3)(C)) without regard to employee contributions to a simplified employee pension allowable as a deduction under section 219(a), and without regard to deductible employee contributions within the meaning of section 72(o)(5)." (C) Paragraph (5) of section 415(e) is amended to read as follows: "(5) SPECIAL RULES FOR SECTIONS 403(b) AND 408.—For purposes of this section, any annuity contract described in section 403(b) (except in the case of a participant who has elected under subsection (c)(4)(D) to have the provisions of subsection (c)(4)(C) apply) for the benefit of a participant shall be treated as a defined contribution plan maintained by each employer with respect to which the participant has the control required under subsection (b) or (c) of section 414 (as modified by subsection (h)). For purposes of this section, any contribution by an employer to a simplified employee pension for an individual for a taxable year shall be treated as an employer contribution to a defined contribution plan for such individual for such year. In the case of any annuity contract described in section 4030b), the amount of the contribution disqualified by reason of subsection (g) shall reduce the exclusion allowance as provided in section 4030t)X2)." (h) AMENDMENTS CONFORMING TO THE REPEAL OF SECTION 220.— (1) Paragraph (10) of section 62 (defining adjusted gross income) is amended by striking out "and the deduction allowed by section 220 (relating to retirement savings for certain married individuals)". (2) Paragraphs (4) and (5) of section 408(d) (relating to tax treatment of distributions) are each amended by striking out "section 219 or 220" each place it appears and inserting in lieu thereof "section 219". (3) Subsection (a) of section 415 is amended by striking out paragraph (3). (4) Subsection (e) of section 2039 (relating to exclusion of individual retirement accounts, etc.) is amended by striking out "section 219 or 220" each place it appears and inserting in lieu thereof "section 219". (5) Subsection (d) of section 2503 is hereby repealed. (6) Subparagraph (D) of section 3401(a)(12) is amended by striking out "section 219(a) or 220(a)" and inserting in lieu thereof "section 219(a)". (7) Subsection Ob) of section 4973 is amended by striking out "section 219 or 220" each place it appears and inserting in lieu thereof "section 219". (8) Subsection (d) of section 6047 is amended by striking out "section 219(a) or 220(a)" and inserting in lieu thereof "section 219(a)". (9) Subsection (a) of section 4973 is amended by striking out the last sentence and inserting in lieu thereof the following: "The tax imposed by this subsection shall be paid by such individual." (10) Subparagraph (C) of section 497303X2) is amended by striking out "sections 219(c)(5) and 220(c)(6)" and inserting in lieu thereof "section 219(f)(6)". (11) The table of sections for part VII of subchapter B of chapter 1 is amended by striking out the item relating to section 220. (i) EFFECTIVE DATES.—