Page:United States Statutes at Large Volume 97.djvu/843

This page needs to be proofread.

PUBLIC LAW 98-120—OCT. 12, 1983 97 STAT. 811 "(E) it provides that the recipient corporation will make contributions to the qualified trust of not less than such amounts as are necessary for such trust to meet its obligation to make repayments of principal and interest on the amount of the loan received by the trust without r^ard to whether such contributions are deductible by the corporation under section 404 of the Internal Revenue Code of 1954 and without regard to any other amounts the recipient corporation is obligated under law to contribute to or under the employee stock ownership plan. "(4) At the close of each plan year, an employee stock ownership plan shall allocate to the accounts of participating employees that portion of the qualified employer securities the cost of which bears substantiedly the same ratio to the cost of all the qualified employer securities purchased under paragraph (2)(A) of this subsection as the amount of the loan principal and interest repaid by the qualified trust during that year bears to the total amount of the loan princi- pal and interest payable by such trust during the term of such loan. Qualified employer securities allocated to the individual account of a participant during one plan year must bear substantially the same proportion to the amount of all such securities allocated to all participants in the plan as the amount of compensation paid to such participant bears to the total amount of compensation paid to all such participants during that year. "(5) For purposes of this subsection, the term— "(A) 'employee stock ownership plan' means a plan described in section 4975(e)(7) of the Internal Revenue Code of 1954, "(B) 'qualified trust' means a trust established under an employee stock ownership plan and meeting the requirements of title I of the Employee Retirement Income Security Act of 1974 and section 401 of the Internal Revenue Code of 1954, "(C) 'qualified employer securities* means common stock issued by the recipient corporation or by a parent or subsidiary of such corporation with voting power and dividend rights no less favorable than the voting power and dividend rights on other common stock issued by the issuing corporation and with voting power being exercised by the participants in the em- ployee stock ownership plan after it is allocated to their plan accounts, and 26 USC 404. Definitions. 26 USC 4975. 29 USC 1001. 26 USC 401.