110 STAT. 1798 PUBLIC LAW 104-188—AUG. 20, 1996 "(G) SIMPLE RETIREMENT ACCOUNTS. —The term 'topheavy plan' shall not include a simple retirement account under section 408(p).". (8) EMPLOYMENT TAXES. — (A) Paragraph (5) of section 3121(a) is amended by striking "or" at the end of subparagraph (F), by inserting "or" at the end of subparagraph (G), and by adding at the end the following new subparagraph: "(H) under an arrangement to which section 408(p) applies, other than any elective contributions under paragraph (2)(A)(i) thereof,". 26 USC 409. (B) Section 209(a)(4) of the Social Security Act is amended by inserting "; or (J) under an arrangement to which section 408(p) of such Code applies, other than any elective contributions under paragraph (2)(A)(i) thereof' before the semicolon at the end thereof. (C) Paragraph (5) of section 3306(b) is amended by striking "or" at the end of subparagraph (F), by inserting "or" at the end of subparagraph (G), and by adding at the end the following new subparagraph: "(H) under an arrangement to which section 408(p) applies, other than any elective contributions under paragraph (2)(A)(i) thereof,". (D) Paragraph (12) of section 3401(a) is amended by adding the following new subparagraph: "(D) under an arrangement to which section 408(p) applies; or". (9) CONFORMING AMENDMENTS. — (A) Section 280G(b)(6) is amended by striking "or" at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ", or" and by adding after subparagraph (C) the following new subparagraph: "(D) a simple retirement account described in section 408(p). ". (B) Section 402(g)(3) is amended by striking "and" at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ", and", and by adding after subparagraph (C) the following new subparagraph: "(D) any elective employer contribution under section 408(p)(2)(A)(i).". (C) Subsections (b), (c), (m)(4)(B), and (n)(3)(B) of section 414 are each amended by inserting "408(p)," after "408(k),". (D) Section 4972(d)(1)(A) is amended by striking "and" at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ", and", and by adding after clause (iii) the following new clause: "(iv) any simple retirement account (within the meaning of section 408(p)).". (c) REPEAL OF SALARY REDUCTION SIMPLIFIED EMPLOYEE PEN- SIONS.—Section 408(k)(6) is amended by adding at the end the following new subparagraph: "(H) TERMINATION.—T his paragraph shall not apply to years beginning after December 31, 1996. The preceding sentence shall not apply to a simplified employee pension
�
