Page:United States Statutes at Large Volume 98 Part 2.djvu/283

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-397—AUG. 23, 1984

98 STAT. 1443

"(1) for the life of the participant with a survivor annuity for the life of the spouse which is not less than 50 percent of (and is not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse, and "(2) which is the actuarial equivalent of a single annuity for the life of the participant. Such term also includes any annuity in a form having the effect of an annuity described in the preceding sentence. "(c) DEFINITION OF QUALIFIED PRETIREMENT SURVIVOR ANNU-

ITY.—For purposes of this section and section 401(a)(ll)— Ante, p. 1440. "(1) IN GENERAL.—Except as provided in paragraph (2), the term 'qualified preretirement survivor annuity' means a survivor annuity or the life of the surviving spouse of the participant if— "(A) the payments to the surviving spouse under such annuity are not less than the amounts which would be payable as a survivor annuity under the qualified joint and survivor annuity under the plan (or the actuarim equivalent thereof) if— "(i) in the case of a participant who dies after the date on which the participant attained the earliest retirement age, such participant had retired with an, immediate qualified joint and survivor annuity on the* day before the participant's date of death, or fd» "(ii) in the case of a participant who dies on or before the date on which the participant would have attained the earliest retirement age, such participant had— "(I) separated from service on the date of death, "(II) survived to the earliest retirement age, n "(III) retired with an immediate qualified joint and survivor annuity at the earliest retirement age, and 4 "(IV) died on the day after the day on which such participant would have attained the earliest retireI ment s^e, and "(B) under the plan, the earliest period for which the surviving spouse may receive a pa5niient under such annuity is not later than the month in which the participant would have attained the earliest retirement age under the plan. "(2) SPECIAL RULE FOR DEFINED CONTRIBUTION PLANS.—In the

case of any defined contribution plan or participant described in clause (ii) or (iii) of section 401(a)(llXB), the term 'qualified Ante, p. 1440. preretirement survivor annuity' means an annuity for the life of the surviving spouse the actuarial equivalent of which is not

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less than 50 percent of the account balance of the participant as of the date of death. "(d) SURVIVOR ANNUITIES NEED NOT BE PROVIDED IF PARTICIPANT AND SPOUSE MARRIED LESS THAN 1 YEAR.—

ij)8i g;

"(1) IN GENERAL.—Except as provided in paragraph (2);, a plan shall not be treated as failing to meet the requirements of section 401(a)(ll) merely because the plan provides that a quali- Ante, p. 1440. fied joint and survivor annuity (or a qualified preretirement survivor annuity) will not be provided unless the participant and spouse had been married throughout the 1-year period ending on the earlier of—