Page:United States Statutes at Large Volume 98 Part 1.djvu/944

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 896 Ante, p. 852.

PUBLIC LAW 98-369—JULY 18, 1984 "(5) EMPLOYER SECURITIES.—The term 'employer securities' has the meaning given to such term by section 409(1).". (b) CONFORMING AMENDMENT.—The table of sections for chapter 43 is amended by adding at the end thereof the following new item: "Sec. 4978. Tax on certain dispositions and allocations by employee stock ownership plans and certain cooperatives."

26 USC 4978 note.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.


26 USC 1 et seq.

(a) IN GENERAL.—For purposes of the Internal Revenue Code 1954, if— (1) a distribution was made from a qualified terminated plan to an employee on December 16, 1976, and on January 6, 1977, such employee transferred all of the property received in such distribution to an individual retirement account (within the meaning of section 408(a) of such Code) established for the benefit of such employee, and (2) the remaining balance to the credit of such employee in such qualified terminated plan was distributed to such employee on January 21, 1977, and all the property received by such employee in such distribution was transferred by such employee to such individual retirement account on January 21, 1977, then such distributions shall be treated as qualifying rollover distributions (within the meaning of section 402(a)(5) of such Code) and shall not be includible in the gross income of such employee for the taxable year in which paid. (b) QUALIFIED TERMINATED PLAN.—For purposes of this section, the term "qualified terminated plan" means a pension plan— (1) with respect to which a notice of sufficiency was issued by the Pension Benefit Guaranty Corporation on December 2, 1976, and (2) which was terminated by corporate action on February 20, 1976. (c) REFUND OR CREDIT OF OVERPAYMENT BARRED BY STATUTE OF

LIMITATIONS.—Notwithstanding section 6511(a) of the Internal Revenue Code of 1954 or any other period of limitation or lapse of time, a claim for credit or refund of overpayment of the tax imposed by such Code which arises by reason of this section may be filed by any person at any time within the 1-year period beginning on the date of enactment of this Act. Sections 6511(b) and 6514 of such Code shall not apply to any claim for credit or refund filed under this subsection within such 1-year period. SEC. 552. PARTIAL TERMINATION FOR CERTAIN PENSION PLANS.

For purposes of section 411(d)(3) of the Internal Revenue Code of 1954 (relating to minimum vesting standards in the case of partial terminations), a partial termination shall not be treated as occurring if— (1) the partial termination is a result of a decline in plan participation which—