118 STAT. 608 PUBLIC LAW 108–218—APR. 10, 2004 TITLE II—OTHER PROVISIONS SEC. 201. TWO YEAR EXTENSION OF TRANSITION RULE TO PENSION FUNDING REQUIREMENTS. (a) IN GENERAL.—Section 769(c) of the Retirement Protection Act of 1994, as added by section 1508 of the Taxpayer Relief Act of 1997, is amended— (1) by inserting ‘‘except as provided in paragraph (3),’’ before ‘‘the transition rules’’, and (2) by adding at the end the following: ‘‘(3) SPECIAL RULES.—In the case of plan years beginning in 2004 and 2005, the following transition rules shall apply in lieu of the transition rules described in paragraph (2): ‘‘(A) For purposes of section 412(l)(9)(A) of the Internal Revenue Code of 1986 and section 302(d)(9)(A) of the Employee Retirement Income Security Act of 1974, the funded current liability percentage for any plan year shall be treated as not less than 90 percent. ‘‘(B) For purposes of section 412(m) of the Internal Revenue Code of 1986 and section 302(e) of the Employee Retirement Income Security Act of 1974, the funded current liability percentage for any plan year shall be treated as not less than 100 percent. ‘‘(C) For purposes of determining unfunded vested benefits under section 4006(a)(3)(E)(iii) of the Employee Retirement Income Security Act of 1974, the mortality table shall be the mortality table used by the plan.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2003. SEC. 202. PROCEDURES APPLICABLE TO DISPUTES INVOLVING PEN SION PLAN WITHDRAWAL LIABILITY. (a) IN GENERAL.—Section 4221 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1401) is amended by adding at the end the following new subsection: ‘‘(f) PROCEDURES APPLICABLE TO CERTAIN DISPUTES.— ‘‘(1) IN GENERAL.—If— ‘‘(A) a plan sponsor of a plan determines that— ‘‘(i) a complete or partial withdrawal of an employer has occurred, or ‘‘(ii) an employer is liable for withdrawal liability payments with respect to the complete or partial with drawal of an employer from the plan, ‘‘(B) such determination is based in whole or in part on a finding by the plan sponsor under section 4212(c) that a principal purpose of a transaction that occurred before January 1, 1999, was to evade or avoid withdrawal liability under this subtitle, and ‘‘(C) such transaction occurred at least 5 years before the date of the complete or partial withdrawal, then the special rules under paragraph (2) shall be used in applying subsections (a) and (d) of this section and section 4219(c) to the employer. ‘‘(2) SPECIAL RULES.— ‘‘(A) DETERMINATION.—Notwithstanding subsection (a)(3)— Applicability. 26 USC 412 note. Applicability. 26 USC 412 note.
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