Page:United States Statutes at Large Volume 108 Part 6.djvu/457

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 5025 "(i) the funded current liability percentage for the planyear is at least 80 percent, and

  • Xii) such percentage for each of the 2 immediately

preceding' plan years (or each of the 2d and 3d immediately preceding plan years) is at least 90 percent "(C) FLINDED CURRENT LIABILITY PERCENTAGE.— For purposes of subparagraphs (A) and (B), the term funded ciurent liabiHty percentage' has the meaning given such term by paragraph (8)(B), except that such percentage shall be determined for any plan year— "(i) without regard to paragraph (8)(E), and "(ii) by using the rate of interest which is the highest rate allowable for the plan year under paragraph (7)(C). ID) TRANSITION RULES.— For purposes of this paragraph: "(i) FUNDED PERCENTAGE FOR YEARS BEFORE 1995.— The ^nded current liability percentage for any plan year beginning before JanuEuy 1, 1995, shall be treated as not less thsin 90 percent only if for such plan year the plan met one of the following requirements (as in effect for such year): "(I) The full-funding hmitation under subsection (c)(7) for the plan was zero. "(II) The plan had no additional funding requirement under this subsection (or would have had no such requirement if its funded cmrent liability percentage had been determined under subparagraph (C)). " (Ill) The plan's additional funding requirement under this subsection did not exceea the lesser of 0.5 percent of current liabiHty or $5,000,000. " (ii) SPECIAL RULE FOR 1995 AND 1996.— For piu*- poses of determining whether subparagraph (B) applies to any plan year beginning in 1995 or 1996, a plan shall be treated as meeting the requirements of subparagraph (B)(ii) if the plan met the requirements of clause (i) of this subparagraph for any two of the plan years beginning in 1992, 1993, and 1994 (whether or not consecutive)." (2) RELATIONSHIP OF ADDITIONAL FUNDING REQUIREMENT TO FUNDING STANDARD ACCOUNT CHARGES AND CREDITS. — (A) Clause (ii) of section 302(d)(1)(A) of such Act is 29 USC 1082. amended to read as follows: "(ii) the sum of the chsu^es for such plan year under subsection (b)(2), reduced by the sum of the a credits for such plan year under subparagraph (B) of subsection (b)(3), plus. (B) The last sentence in section 302(d)(1) of such Act is amended to read as follows: "Such increase shall not exceed the amount which, after taking into account charges (other than the additional charge under this subsection) and credits under subsection (b), is necessary to increase the funded current Hability percentage (taking into account the expected increase in current liability due to benefits accruing during the plan year) to 100 percent"