12 2 STA T .5094PUBLIC LA W 110 – 45 8—DE C.2 3, 2008 ‘ ‘ (i i )theamoun to fpl an -r elate d e x pen s es expe c ted to b e paid from plan assets durin g the plan y ear , o v er ‘‘( B ) the amount of mandatory employee contributions expected to be made during the plan year . ‘‘( 2 ) SPECIALRU LE FO RI N CREA S EINCO M PENSA T ION. —F or purposes of this subsection, if any benefit attributable to serv- ices performed in a preceding plan year is increased by reason of any increase in compensation during the current plan year, the increase in such benefit shall be treated as having accrued during the current plan year. ’ ’. (B) Section 30 3(c)( 5 )(B)(iii) of ERI S A is amended by inserting ‘‘beginning’’ before ‘‘after 200 8 ’’. ( C ) Section 303(c)(5)(B)(iv)(II) of ERISA is amended by inserting ‘‘for such year’’ after ‘‘beginning in 200 7 )’’. ( D ) Section 303(f)( 4 )(A) of ERISA is amended by stri k ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. (E) Section 303(h)(2)(F) of ERISA is amended— (i) by striking ‘‘section 205(g)(3)(B)(iii)(I)) for such month’’ and inserting ‘‘section 205(g)(3)(B)(iii)(I) for such month)’’, and (ii) by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (C)’’. (F) Section 303(i) of ERISA is amended— (i) in paragraph (2)— (I) by striking subparagraph (A) and inserting the follo w ing new subparagraph
‘‘(A) the excess of— ‘‘(i) the sum of— ‘‘(I) the present value of all benefits which are expected to accrue or to be earned under the plan during the plan year, determined using the additional actuarial assumptions described in paragraph ( 1 )(B), plus ‘‘(II) the amount of plan-related expenses expected to be paid from plan assets during the plan year, over ‘‘(ii) the amount of mandatory employee contribu- tions expected to be made during the plan year, plus’’, and (II) in subparagraph (B), by striking ‘‘the tar- get normal cost (determined without regard to this paragraph) of the plan for the plan year’’ and inserting ‘‘the amount determined under sub- section (b)(1)(A)(i) with respect to the plan for the plan year’’, and (ii) by striking ‘‘subparagraph (A)(ii)’’ in the last sentence of paragraph (4)(B) and inserting ‘‘subpara- graph (A)’’. ( G ) Section 303( j )(3) of ERISA— (i) is amended by adding at the end of subpara- graph (A) the following new sentence: ‘‘In the case of plan years beginning in 2008, the funding shortfall for the preceding plan year may be determined using such methods of estimation as the Secretary of the T reasury may provide.’’, 29USC1083.
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