88 STAT. ]
PUBLIC LAW 93-406-SEPT. 2, 1974
10L5
(B) by any employee organization, or organization representing employees, engaged in commerce or in any industry or activity affecting commerce, or (C) by both, which has, in practice, met the requirements of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1954 (as 26 USC 401, in effect for the preceding 5 plan years of the plan) applicable to plans described in paragraph (2) for the preceding 5 plan years; or (2) is, or has been determined by the Secretary of the Treasury to be, a plan described in section 401(a) of the Internal Revenue Code of 1954, or which meets, or has been determined by the Secretary of the Treasury to meet, the requirements of section 404(a) (2) of such Code. For purposes of this title, a successor plan is considered to be a continuation of a predecessor plan. For this purpose, a successor plan is a plan which covers a group of employees which includes substantially the same employees as a previously established plan, and provides substantially the same benefits as that plan provided, (b) This section does not apply to any plan— (1) which is an individual account plan, as defined in paragraph (34) of section 3 of this Act, ^"' P- ^^^ (2) established and maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing, or to which the Railroad Retirement Act of 1935 or 1937 applies and which is financed by contributions 45 USC 215-228 notes, 228arequired under that Act, 228"s-2. (3) which is a church plan as defined in section 414(e) of the Internal Revenue Code of 1954, unless that plan has made an ^"'^' P- ^2 5 election under section 410(d) of such Code, and has notified the '^"^^' ^' ^^^ corporation in accordance with procedures prescribed by the corporation, that it wishes to have the provisions of this part apply to it, (4)(A) established and maintained by a society, order, or association described in section 501(c)(8) or (9) of the Internal Revenue Code of 1954, if no part of the contributions to or under ^e use 501. the plan is made by employers of participants in the plan, or (B) of which a trust described in section 501(c) (18) of such Code is a part; (5) which has not at any time after the date of enactment of this Act provided for employer contributions; (6) which is unfunded and which is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees; (7) which is established and maintained outside of the United States primarily for the benefit of individuals substantially all of whom are nonresident aliens; (8) which is maintained by an employer solely for the purpose of providing benefits for certain employees in excess of the limitations on contributions and benefits imposed by section 415 of the Internal Revenue Code of 1954 on plans to which that section ^"'e, p. 979 applies, without regard to whether the plan is funded, and, to the extent that a separable part of a plan (as determined by the corporation) maintained by an employer is maintained for such purpose, that part shall be treated for purposes of this title, as a separate plan which is an excess benefit plan;
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