Page:United States Statutes at Large Volume 100 Part 1.djvu/302

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 266

29 USC 1301.

Ante, p. 238. Ante, p. 238.

PUBLIC LAW 99-272—APR. 7, 1986 "(i) IN GENERAL.—Except as provided in subparagraph (C), the Secretary may require an employer maintaining a defined benefit plan which is a singleemployer plan (within the meaning of section 4001(a)(15) of the Employee Retirement Income Security Act of 1974) to provide security to such plan as a condition for granting or modifying a waiver under subsection (d) or an extension under subsection (e). "(ii) SPECIAL RULES.—Any security provided under clause (i) may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Corporation, by a contributing sponsor (within the meaning of section 4001(a)(13) of such Act), or a member of such sponsor's controlled group (within the meaning of section 4001(a)(14) of such Act). "(B) CONSULTATION WITH THE PENSION BENEFIT GUARANTY

29 USC 1002.

26 USC 6103.

CORPORATION.—Except as provided in subparagraph (C), the Secretary shall, before granting or modifying a waiver under subsection (d) or an extension under subsection (e) with respect to a plan described in subparagraph (A)(i)— "(i) provide the Pension Benefit Guaranty Corporation with— "(I) notice of the completed application for any waiver, extension, or modification, and "(II) an opportunity to comment on such application within 30 days after receipt of such notice, and "(ii) consider— "(I) any comments of the Corporation under clause (i)(II), and "(II) any views of any employee organization (within the meaning of section 3(4) of the Employee Retirement Income Security Act of 1974) representing participants in the plan which are submitted in writing to the Secretary in connection with such application. Information provided to the corporation under this subparagraph shall be considered tax return information and subject to the safeguarding and reporting requirements of section 6103(p). "(C) EXCEPTION FOR CERTAIN WAIVERS AND EXTENSIONS.—

29 USC 1082. 29 USC 1083.

29 USC 1084.

"(i) IN GENERAL.—The preceding provisions of this paragraph shall not apply to any plan with respect to which the sum of— "(I) the outstanding balance of the accumulated funding deficiencies (within the meaning of subsection (a) and section 302(a) of such Act) of the plan, "(II) the outstanding balance of the amount of waived funding deficiencies of the plan waived under subsection (d) or section 303 of such Act, and "(III) the outstanding balance of the amount of decreases in the minimum funding standard allowed under subsection (e) or section 304 of such Act,

is less than $2,000,000. "(ii) ACCUMULATED FUNDING DEFICIENCIES.—For purposes of clause (i)(I), accumulated funding deficiencies shall include any increase in such amount which would