Page:United States Statutes at Large Volume 98 Part 1.djvu/910

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 862

PUBLIC LAW 98-369—JULY 18, 1984 (2) CONFORMING AMENDMENT.—The table of sections for chapter 43 (relating to qualified pension, etc., plans) is amended by adding at the end thereof the following new item: "Sec. 4976. Taxes with respect to funded welfare benefit plans."

(d) CLERICAL AMENDMENT.—The table of subparts for part I of subchapter D of chapter 1 is amended by adding at the end thereof the following new item: "Subpart D. Treatment of welfare benefit funds." 26 USC 419 note.

(e) EFFECTIVE D A T E S. —

(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions paid or accrued after December 31, 1985, in taxable years ending after such date. (2) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREEMENTS.—

In the case of plan maintained pursuant to 1 or more collective bargaining agreements— (A) between employee representatives and 1 or more employers, and (B) in effect on July 1, 1985 (or ratified on or before such date), the amendments made by this section and section 514 shall not apply to years beginning before the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after July 1, 1985). (3) SPECIAL RULE FOR PARAGRAPH (2).—For purposes of paragraph (2), 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. (4) SPECIAL EFFECTIVE DATE FOR CONTRIBUTIONS OF FACILI-

26 USC 404.

TIES.—Notwithstanding paragraphs (1) and (2), the amendments made by this section shall apply in the case of— (A) any contribution after June 22, 1984, of a facility to a welfare benefit fund, and (B) any other contribution after June 22, 1984, to a welfare benefit fund to be used to acquire or improve a facility. (5) BINDING CONTRACT EXCEPTIONS TO PARAGRAPH (4).—Paragraph (4) shall not apply to any facility placed in service before January 1, 1987— (A) which is acquired or improved by the fund (or contributed to the fund) pursuant to a binding contract in effect on June 22, 1984, and at all times thereafter, or (B) the construction of which by or for the fund began before June 22, 1984. SEC. 512. TREATMENT OF UNFUNDED DEFERRED BENEFITS. (a) GENERAL RULE.—Subsection (b) of section 404 (relating to method of contributions, etc., having the effect of a plan) is amended to read as follows: "(b) METHOD OF CONTRIBUTIONS, ETC., HAVING THE EFFECT OF A PLAN; UNFUNDED DEFERRED BENEFITS.— "(1) METHOD OF CONTRIBUTIONS, ETC., HAVING THE EFFECT OF A

PLAN.—If—