PUBLIC LAW 109–280—AUG. 17, 2006
120 STAT. 853
made by this section shall not apply to plan years beginning before the earlier of— (A) the later of— (i) the date on which the last collective bargaining agreement relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (ii) the first day of the first plan year to which the amendments made by this subsection would (but for this subparagraph) apply, or (B) January 1, 2010. For purposes of subparagraph (A)(i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 114. TECHNICAL AND CONFORMING AMENDMENTS.
(a) AMENDMENTS RELATED TO QUALIFICATION REQUIREMENTS.— (1) Section 401(a)(29) of the Internal Revenue Code of 1986 is amended to read as follows: ‘‘(29) BENEFIT LIMITATIONS ON PLANS IN AT-RISK STATUS.— In the case of a defined benefit plan (other than a multiemployer plan) to which the requirements of section 412 apply, the trust of which the plan is a part shall not constitute a qualified trust under this subsection unless the plan meets the requirements of section 436.’’. (2) Section 401(a)(32) of such Code is amended— (A) in subparagraph (A), by striking ‘‘412(m)(5)’’ each place it appears and inserting ‘‘section 430(j)(4)’’, and (B) in subparagraph (C), by striking ‘‘section 412(m)’’ and inserting ‘‘section 430(j)’’. (3) Section 401(a)(33) of such Code is amended— (A) in subparagraph (B)(i), by striking ‘‘funded current liability percentage (within the meaning of section 412(l)(8))’’ and inserting ‘‘funding target attainment percentage (as defined in section 430(d)(2))’’, (B) in subparagraph (B)(iii), by striking ‘‘subsection 412(c)(8)’’ and inserting ‘‘section 412(c)(2)’’, and (C) in subparagraph (D), by striking ‘‘section 412(c)(11) (without regard to subparagraph (B) thereof)’’ and inserting ‘‘section 412(b)(2) (without regard to subparagraph (B) thereof)’’. (b) VESTING RULES.—Section 411 of such Code is amended— (1) by striking ‘‘section 412(c)(8)’’ in subsection (a)(3)(C) and inserting ‘‘section 412(c)(2)’’, (2) in subsection (b)(1)(F)— (A) by striking ‘‘paragraphs (2) and (3) of section 412(i)’’ in clause (ii) and inserting ‘‘subparagraphs (B) and (C) of section 412(e)(3)’’, and (B) by striking ‘‘paragraphs (4), (5), and (6) of section 412(i)’’ and inserting ‘‘subparagraphs (D), (E), and (F) of section 412(e)(3)’’, and (3) by striking ‘‘section 412(c)(8)’’ in subsection (d)(6)(A) and inserting ‘‘section 412(e)(2)’’. (c) MERGERS AND CONSOLIDATIONS OF PLANS.—Subclause (I) of section 414(l)(2)(B)(i) of such Code is amended to read as follows:
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