Page:United States Statutes at Large Volume 111 Part 1.djvu/1085
PUBLIC LAW 105-34—AUG. 5, 1997 111 STAT. 1061 401(a)(ll)(A)(i) and under a qualified preretirement survivor annuity provided pursuant to section 401(a)(ll)(A)(ii), determined in accordance with subparagraph (t)). A plan shall not be treated as failing to meet the requirements of this subsection, subsection (k), section 403(b), or section 409(d) solely by reason of an offset described in this subparagraph. "(D) SURVIVOR ANNUITY. — "(i) IN GENERAL.—The survivor annuity described in subparagraph (C)(iii)(III) shall be determined as if— "(I) the participant terminated emplo5ment on the date of the offset, "(II) there was no offset, "(III) the plan permitted commencement of benefits only on or after normal retirement age, "(IV) the plan provided only the minimumrequired qualified joint and survivor annuity, and "(V) the amount of the qualified preretirement survivor annuity under the plan is equal to the amount of the survivor annuity payable under the minimum-required qualified joint and survivor annuity. "(ii) DEFINITION.— For purposes of this subparagraph, the term 'minimum-required qualified joint and survivor annuity* means the qualified joint and survivor annuity which is the actuarial equivalent of the participant's accrued benefit (within the meaning of section 411(a)(7)) and under which the survivor annuity is 50 percent of the amount of the annuity which is payable during the joint lives of the participant and the spouse.", (c) EFFECTIVE DATE.— The amendments made by this section 26 USC 40i note, shall apply to judgments, orders, and decrees issued, and settlement agreements entered into, on or after the date of the enactment of this Act. SEC. 1603. ELIMINATION OF PAPERWORK BURDENS ON PLANS. (a) ELIMINATION OF UNNECESSARY FILING REQUIREMENTS.—Section 101(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(b)) is amended by striking paragraphs (1), (2), and (3) and by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively. (b) ELIMINATION OF PLAN DESCRIPTION.— (1) IN GENERAL.— Section 102(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022(a)) is amended— (A) by striking paragraph (2), and (B) by striking "(a)(1)" and inserting "(a)". (2) CONFORMING AMENDMENTS.— (A) Section 102(b) of such Act (29 U.S.C. 1022(b)) is amended by striking "The plan description and summary plan description shall contain" and inserting "The summary plan description shall contain". (B) The heading for section 102 of such Act is amended by striking "PLAN DESCRIPTION AND".