Page:United States Statutes at Large Volume 120.djvu/823

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[120 STAT. 792]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 792]

120 STAT. 792

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(2) FUNDING TARGET ATTAINMENT PERCENTAGE.—The ‘funding target attainment percentage’ of a plan for a plan year is the ratio (expressed as a percentage) which— ‘‘(A) the value of plan assets for the plan year (as reduced under subsection (f)(4)(B)), bears to ‘‘(B) the funding target of the plan for the plan year (determined without regard to subsection (i)(1)). ‘‘(e) WAIVER AMORTIZATION CHARGE.— ‘‘(1) DETERMINATION OF WAIVER AMORTIZATION CHARGE.— The waiver amortization charge (if any) for a plan for any plan year is the aggregate total of the waiver amortization installments for such plan year with respect to the waiver amortization bases for each of the 5 preceding plan years. ‘‘(2) WAIVER AMORTIZATION INSTALLMENT.—For purposes of paragraph (1)— ‘‘(A) DETERMINATION.—The waiver amortization installments are the amounts necessary to amortize the waiver amortization base of the plan for any plan year in level annual installments over a period of 5 plan years beginning with the succeeding plan year. ‘‘(B) WAIVER INSTALLMENT.—The waiver amortization installment for any plan year in the 5-year period under subparagraph (A) with respect to any waiver amortization base is the annual installment determined under subparagraph (A) for that year for that base. ‘‘(3) INTEREST RATE.—In determining any waiver amortization installment under this subsection, the plan sponsor shall use the segment rates determined under subparagraph (C) of subsection (h)(2), applied under rules similar to the rules of subparagraph (B) of subsection (h)(2). ‘‘(4) WAIVER AMORTIZATION BASE.—The waiver amortization base of a plan for a plan year is the amount of the waived funding deficiency (if any) for such plan year under section 302(c). ‘‘(5) EARLY DEEMED AMORTIZATION UPON ATTAINMENT OF FUNDING TARGET.—In any case in which the funding shortfall of a plan for a plan year is zero, for purposes of determining the waiver amortization charge for such plan year and succeeding plan years, the waiver amortization bases for all preceding plan years (and all waiver amortization installments determined with respect to such bases) shall be reduced to zero. ‘‘(f) REDUCTION OF MINIMUM REQUIRED CONTRIBUTION BY PREFUNDING BALANCE AND FUNDING STANDARD CARRYOVER BALANCE.— ‘‘(1) ELECTION TO MAINTAIN BALANCES.— ‘‘(A) PREFUNDING BALANCE.—The plan sponsor of a single-employer plan may elect to maintain a prefunding balance. ‘‘(B) FUNDING STANDARD CARRYOVER BALANCE.— ‘‘(i) IN GENERAL.—In the case of a single-employer plan described in clause (ii), the plan sponsor may elect to maintain a funding standard carryover balance, until such balance is reduced to zero. ‘‘(ii) PLANS MAINTAINING FUNDING STANDARD ACCOUNT IN 2007.—A plan is described in this clause if the plan—

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