Pl 109-280

PUBLIC LAW 109–280—AUG. 17, 2006

PENSION PROTECTION ACT OF 2006

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00001

Fmt 6579

Sfmt 6579

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 780

PUBLIC LAW 109–280—AUG. 17, 2006

Public Law 109–280
109th Congress
An Act
Aug. 17, 2006
[H.R. 4]
Pension
Protection Act
of 2006.
29 USC 1001
note.

To provide economic security for all Americans, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Pension Protection Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
(other than so much of title XIV as follows section 1401) is as
follows:
Sec. 1. Short title and table of contents.
TITLE I—REFORM OF FUNDING RULES FOR SINGLE-EMPLOYER DEFINED
BENEFIT PENSION PLANS
Subtitle A—Amendments to Employee Retirement Income Security Act of 1974
Sec. 101. Minimum funding standards.
Sec. 102. Funding rules for single-employer defined benefit pension plans.
Sec. 103. Benefit limitations under single-employer plans.
Sec. 104. Special rules for multiple employer plans of certain cooperatives.
Sec. 105. Temporary relief for certain PBGC settlement plans.
Sec. 106. Special rules for plans of certain government contractors.
Sec. 107. Technical and conforming amendments.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

111.
112.
113.
114.
115.
116.

Subtitle B—Amendments to Internal Revenue Code of 1986
Minimum funding standards.
Funding rules for single-employer defined benefit pension plans.
Benefit limitations under single-employer plans.
Technical and conforming amendments.
Modification of transition rule to pension funding requirements.
Restrictions on funding of nonqualified deferred compensation plans by
employers maintaining underfunded or terminated single-employer
plans.

TITLE II—FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT
PLANS AND RELATED PROVISIONS
Subtitle A—Amendments to Employee Retirement Income Security Act of 1974
Sec. 201. Funding rules for multiemployer defined benefit plans.
Sec. 202. Additional funding rules for multiemployer plans in endangered or critical
status.
Sec. 203. Measures to forestall insolvency of multiemployer plans.
Sec. 204. Withdrawal liability reforms.
Sec. 205. Prohibition on retaliation against employers exercising their rights to
petition the Federal Government.
Sec. 206. Special rule for certain benefits funded under an agreement approved by
the Pension Benefit Guaranty Corporation.
Subtitle B—Amendments to Internal Revenue Code of 1986
Sec. 211. Funding rules for multiemployer defined benefit plans.
Sec. 212. Additional funding rules for multiemployer plans in endangered or critical
status.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00002

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 781

Sec. 213. Measures to forestall insolvency of multiemployer plans.
Sec. 214. Exemption from excise taxes for certain multiemployer pension plans.
Subtitle C—Sunset of Additional Funding Rules
Sec. 221. Sunset of additional funding rules.
TITLE III—INTEREST RATE ASSUMPTIONS
Sec. 301. Extension of replacement of 30-year Treasury rates.
Sec. 302. Interest rate assumption for determination of lump sum distributions.
Sec. 303. Interest rate assumption for applying benefit limitations to lump sum distributions.

Sec. 410.
Sec. 411.
Sec. 412.

TITLE IV—PBGC GUARANTEE AND RELATED PROVISIONS
PBGC premiums.
Special funding rules for certain plans maintained by commercial airlines.
Limitation on PBGC guarantee of shutdown and other benefits.
Rules relating to bankruptcy of employer.
PBGC premiums for small plans.
Authorization for PBGC to pay interest on premium overpayment refunds.
Rules for substantial owner benefits in terminated plans.
Acceleration of PBGC computation of benefits attributable to recoveries
from employers.
Treatment of certain plans where cessation or change in membership of
a controlled group.
Missing participants.
Director of the Pension Benefit Guaranty Corporation.
Inclusion of information in the PBGC annual report.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE V—DISCLOSURE
Defined benefit plan funding notice.
Access to multiemployer pension plan information.
Additional annual reporting requirements.
Electronic display of annual report information.
Section 4010 filings with the PBGC.
Disclosure of termination information to plan participants.
Notice of freedom to divest employer securities.
Periodic pension benefit statements.
Notice to participants or beneficiaries of blackout periods.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.
406.

Sec. 407.
Sec. 408.
Sec. 409.

501.
502.
503.
504.
505.
506.
507.
508.
509.

TITLE VI—INVESTMENT ADVICE, PROHIBITED TRANSACTIONS, AND
FIDUCIARY RULES
Subtitle A—Investment Advice
Sec. 601. Prohibited transaction exemption for provision of investment advice.
Subtitle B—Prohibited Transactions
Sec. 611. Prohibited transaction rules relating to financial investments.
Sec. 612. Correction period for certain transactions involving securities and commodities.
Subtitle C—Fiduciary and Other Rules
Sec. 621. Inapplicability of relief from fiduciary liability during suspension of ability of participant or beneficiary to direct investments.
Sec. 622. Increase in maximum bond amount.
Sec. 623. Increase in penalties for coercive interference with exercise of ERISA
rights.
Sec. 624. Treatment of investment of assets by plan where participant fails to exercise investment election.
Sec. 625. Clarification of fiduciary rules.
TITLE VII—BENEFIT ACCRUAL STANDARDS
Sec. 701. Benefit accrual standards.
Sec. 702. Regulations relating to mergers and acquisitions.
TITLE VIII—PENSION RELATED REVENUE PROVISIONS
Subtitle A—Deduction Limitations
Sec. 801. Increase in deduction limit for single-employer plans.
Sec. 802. Deduction limits for multiemployer plans.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00003

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 782

PUBLIC LAW 109–280—AUG. 17, 2006

Sec. 803. Updating deduction rules for combination of plans.
Subtitle B—Certain Pension Provisions Made Permanent
Sec. 811. Pensions and individual retirement arrangement provisions of Economic
Growth and Tax Relief Reconciliation Act of 2001 made permanent.
Sec. 812. Saver’s credit.
Subtitle C—Improvements in Portability, Distribution, and Contribution Rules
Sec. 821. Clarifications regarding purchase of permissive service credit.
Sec. 822. Allow rollover of after-tax amounts in annuity contracts.
Sec. 823. Clarification of minimum distribution rules for governmental plans.
Sec. 824. Allow direct rollovers from retirement plans to Roth IRAs.
Sec. 825. Eligibility for participation in retirement plans.
Sec. 826. Modifications of rules governing hardships and unforseen financial emergencies.
Sec. 827. Penalty-free withdrawals from retirement plans for individuals called to
active duty for at least 179 days.
Sec. 828. Waiver of 10 percent early withdrawal penalty tax on certain distributions of pension plans for public safety employees.
Sec. 829. Allow rollovers by nonspouse beneficiaries of certain retirement plan distributions.
Sec. 830. Direct payment of tax refunds to individual retirement plans.
Sec. 831. Allowance of additional IRA payments in certain bankruptcy cases.
Sec. 832. Determination of average compensation for section 415 limits.
Sec. 833. Inflation indexing of gross income limitations on certain retirement savings incentives.
Subtitle D—Health and Medical Benefits
Sec. 841. Use of excess pension assets for future retiree health benefits and collectively bargained retiree health benefits.
Sec. 842. Transfer of excess pension assets to multiemployer health plan.
Sec. 843. Allowance of reserve for medical benefits of plans sponsored by bona fide
associations.
Sec. 844. Treatment of annuity and life insurance contracts with a long-term care
insurance feature.
Sec. 845. Distributions from governmental retirement plans for health and longterm care insurance for public safety officers.
Sec.
Sec.
Sec.
Sec.

851.
852.
853.
854.

Sec. 855.
Sec. 856.
Sec. 857.
Sec. 858.
Sec. 859.
Sec. 860.

Subtitle E—United States Tax Court Modernization
Cost-of-living adjustments for Tax Court judicial survivor annuities.
Cost of life insurance coverage for Tax Court judges age 65 or over.
Participation of Tax Court judges in the Thrift Savings Plan.
Annuities to surviving spouses and dependent children of special trial
judges of the Tax Court.
Jurisdiction of Tax Court over collection due process cases.
Provisions for recall.
Authority for special trial judges to hear and decide certain employment
status cases.
Confirmation of authority of Tax Court to apply doctrine of equitable
recoupment.
Tax Court filing fee in all cases commenced by filing petition.
Expanded use of Tax Court practice fee for pro se taxpayers.

Subtitle F—Other Provisions
Sec. 861. Extension to all governmental plans of current moratorium on application
of certain nondiscrimination rules applicable to State and local plans.
Sec. 862. Elimination of aggregate limit for usage of excess funds from black lung
disability trusts.
Sec. 863. Treatment of death benefits from corporate-owned life insurance.
Sec. 864. Treatment of test room supervisors and proctors who assist in the administration of college entrance and placement exams.
Sec. 865. Grandfather rule for church plans which self-annuitize.
Sec. 866. Exemption for income from leveraged real estate held by church plans.
Sec. 867. Church plan rule.
Sec. 868. Gratuitous transfer for benefits of employees.
TITLE IX—INCREASE IN PENSION PLAN DIVERSIFICATION AND
PARTICIPATION AND OTHER PENSION PROVISIONS
Sec. 901. Defined contribution plans required to provide employees with freedom to
invest their plan assets.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00004

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 783

Sec. 902. Increasing participation through automatic contribution arrangements.
Sec. 903. Treatment of eligible combined defined benefit plans and qualified cash
or deferred arrangements.
Sec. 904. Faster vesting of employer nonelective contributions.
Sec. 905. Distributions during working retirement.
Sec. 906. Treatment of certain pension plans of Indian tribal governments.
TITLE X—PROVISIONS RELATING TO SPOUSAL PENSION PROTECTION
Sec. 1001. Regulations on time and order of issuance of domestic relations orders.
Sec. 1002. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee.
Sec. 1003. Extension of tier II railroad retirement benefits to surviving former
spouses pursuant to divorce agreements.
Sec. 1004. Requirement for additional survivor annuity option.
TITLE XI—ADMINISTRATIVE PROVISIONS
Employee plans compliance resolution system.
Notice and consent period regarding distributions.
Reporting simplification.
Voluntary early retirement incentive and employment retention plans
maintained by local educational agencies and other entities.
Sec. 1105. No reduction in unemployment compensation as a result of pension rollovers.
Sec. 1106. Revocation of election relating to treatment as multiemployer plan.
Sec. 1107. Provisions relating to plan amendments.
Sec.
Sec.
Sec.
Sec.

1101.
1102.
1103.
1104.

TITLE XII—PROVISIONS RELATING TO EXEMPT ORGANIZATIONS
Subtitle A—Charitable Giving Incentives
Sec. 1201. Tax-free distributions from individual retirement plans for charitable
purposes.
Sec. 1202. Extension of modification of charitable deduction for contributions of
food inventory.
Sec. 1203. Basis adjustment to stock of S corporation contributing property.
Sec. 1204. Extension of modification of charitable deduction for contributions of
book inventory.
Sec. 1205. Modification of tax treatment of certain payments to controlling exempt
organizations.
Sec. 1206. Encouragement of contributions of capital gain real property made for
conservation purposes.
Sec. 1207. Excise taxes exemption for blood collector organizations.
Subtitle B—Reforming Exempt Organizations
PART 1—GENERAL REFORMS
Sec. 1211. Reporting on certain acquisitions of interests in insurance contracts in
which certain exempt organizations hold an interest.
Sec. 1212. Increase in penalty excise taxes relating to public charities, social welfare organizations, and private foundations.
Sec. 1213. Reform of charitable contributions of certain easements in registered
historic districts and reduced deduction for portion of qualified conservation contribution attributable to rehabilitation credit.
Sec. 1214. Charitable contributions of taxidermy property.
Sec. 1215. Recapture of tax benefit for charitable contributions of exempt use property not used for an exempt use.
Sec. 1216. Limitation of deduction for charitable contributions of clothing and
household items.
Sec. 1217. Modification of recordkeeping requirements for certain charitable contributions.
Sec. 1218. Contributions of fractional interests in tangible personal property.
Sec. 1219. Provisions relating to substantial and gross overstatements of valuations.
Sec. 1220. Additional standards for credit counseling organizations.
Sec. 1221. Expansion of the base of tax on private foundation net investment income.
Sec. 1222. Definition of convention or association of churches.
Sec. 1223. Notification requirement for entities not currently required to file.
Sec. 1224. Disclosure to State officials relating to exempt organizations.
Sec. 1225. Public disclosure of information relating to unrelated business income
tax returns.
Sec. 1226. Study on donor advised funds and supporting organizations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00005

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 784

PUBLIC LAW 109–280—AUG. 17, 2006

PART 2—IMPROVED ACCOUNTABILITY OF DONOR ADVISED FUNDS
Sec. 1231. Excise taxes relating to donor advised funds.
Sec. 1232. Excess benefit transactions involving donor advised funds and sponsoring organizations.
Sec. 1233. Excess business holdings of donor advised funds.
Sec. 1234. Treatment of charitable contribution deductions to donor advised funds.
Sec. 1235. Returns of, and applications for recognition by, sponsoring organizations.
PART 3—IMPROVED ACCOUNTABILITY OF SUPPORTING ORGANIZATIONS
1241. Requirements for supporting organizations.
1242. Excess benefit transactions involving supporting organizations.
1243. Excess business holdings of supporting organizations.
1244. Treatment of amounts paid to supporting organizations by private foundations.
Sec. 1245. Returns of supporting organizations.
Sec.
Sec.
Sec.
Sec.

TITLE XIII—OTHER PROVISIONS
Sec. 1301. Technical corrections relating to mine safety.
Sec. 1302. Going-to-the-sun road.
Sec. 1303. Exception to the local furnishing requirement of the tax-exempt bond
rules.
Sec. 1304. Qualified tuition programs.
TITLE XIV—TARIFF PROVISIONS
Sec. 1401. Short title; table of contents.

TITLE I—REFORM OF FUNDING RULES
FOR
SINGLE-EMPLOYER
DEFINED
BENEFIT PENSION PLANS
Subtitle A—Amendments to Employee
Retirement Income Security Act of 1974
SEC. 101. MINIMUM FUNDING STANDARDS.

(a) REPEAL OF EXISTING FUNDING RULES.—Sections 302 through
308 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1082 through 1086) are repealed.
(b) NEW MINIMUM FUNDING STANDARDS.—Part 3 of subtitle
B of title I of such Act (as amended by subsection (a)) is amended
by inserting after section 301 the following new section:
29 USC 1082.

‘‘SEC. 302. MINIMUM FUNDING STANDARDS.

‘‘(a) REQUIREMENT TO MEET MINIMUM FUNDING STANDARD.—
‘‘(1) IN GENERAL.—A plan to which this part applies shall
satisfy the minimum funding standard applicable to the plan
for any plan year.
‘‘(2) MINIMUM FUNDING STANDARD.—For purposes of paragraph (1), a plan shall be treated as satisfying the minimum
funding standard for a plan year if—
‘‘(A) in the case of a defined benefit plan which is
a single-employer plan, the employer makes contributions
to or under the plan for the plan year which, in the aggregate, are not less than the minimum required contribution
determined under section 303 for the plan for the plan
year,
‘‘(B) in the case of a money purchase plan which is
a single-employer plan, the employer makes contributions
to or under the plan for the plan year which are required
under the terms of the plan, and

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 785

‘‘(C) in the case of a multiemployer plan, the employers
make contributions to or under the plan for any plan year
which, in the aggregate, are sufficient to ensure that the
plan does not have an accumulated funding deficiency
under section 304 as of the end of the plan year.
‘‘(b) LIABILITY FOR CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amount of any contribution required by this section
(including any required installments under paragraphs (3) and
(4) of section 303(j)) shall be paid by the employer responsible
for making contributions to or under the plan.
‘‘(2) JOINT AND SEVERAL LIABILITY WHERE EMPLOYER
MEMBER OF CONTROLLED GROUP.—If the employer referred to
in paragraph (1) is a member of a controlled group, each
member of such group shall be jointly and severally liable
for payment of such contributions.
‘‘(c) VARIANCE FROM MINIMUM FUNDING STANDARDS.—
‘‘(1) WAIVER IN CASE OF BUSINESS HARDSHIP.—
‘‘(A) IN GENERAL.—If—
‘‘(i) an employer is (or in the case of a multiemployer plan, 10 percent or more of the number of
employers contributing to or under the plan is) unable
to satisfy the minimum funding standard for a plan
year without temporary substantial business hardship
(substantial business hardship in the case of a multiemployer plan), and
‘‘(ii) application of the standard would be adverse
to the interests of plan participants in the aggregate,
the Secretary of the Treasury may, subject to subparagraph
(C), waive the requirements of subsection (a) for such year
with respect to all or any portion of the minimum funding
standard. The Secretary of the Treasury shall not waive
the minimum funding standard with respect to a plan
for more than 3 of any 15 (5 of any 15 in the case of
a multiemployer plan) consecutive plan years.
‘‘(B) EFFECTS OF WAIVER.—If a waiver is granted under
subparagraph (A) for any plan year—
‘‘(i) in the case of a single-employer plan, the minimum required contribution under section 303 for the
plan year shall be reduced by the amount of the waived
funding deficiency and such amount shall be amortized
as required under section 303(e), and
‘‘(ii) in the case of a multiemployer plan, the
funding standard account shall be credited under section 304(b)(3)(C) with the amount of the waived
funding deficiency and such amount shall be amortized
as required under section 304(b)(2)(C).
‘‘(C) WAIVER OF AMORTIZED PORTION NOT ALLOWED.—
The Secretary of the Treasury may not waive under
subparagraph (A) any portion of the minimum funding
standard under subsection (a) for a plan year which is
attributable to any waived funding deficiency for any preceding plan year.
‘‘(2) DETERMINATION OF BUSINESS HARDSHIP.—For purposes
of this subsection, the factors taken into account in determining
temporary substantial business hardship (substantial business

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 786

hardship in the case of a multiemployer plan) shall include
(but shall not be limited to) whether or not—
‘‘(A) the employer is operating at an economic loss,
‘‘(B) there is substantial unemployment or underemployment in the trade or business and in the industry
concerned,
‘‘(C) the sales and profits of the industry concerned
are depressed or declining, and
‘‘(D) it is reasonable to expect that the plan will be
continued only if the waiver is granted.
‘‘(3) WAIVED FUNDING DEFICIENCY.—For purposes of this
part, the term ‘waived funding deficiency’ means the portion
of the minimum funding standard under subsection (a) (determined without regard to the waiver) for a plan year waived
by the Secretary of the Treasury and not satisfied by employer
contributions.
‘‘(4) SECURITY FOR WAIVERS FOR SINGLE-EMPLOYER PLANS,
CONSULTATIONS.—
‘‘(A) SECURITY MAY BE REQUIRED.—
‘‘(i) IN GENERAL.—Except as provided in subparagraph (C), the Secretary of the Treasury may require
an employer maintaining a defined benefit plan which
is a single-employer plan (within the meaning of section 4001(a)(15)) to provide security to such plan as
a condition for granting or modifying a waiver under
paragraph (1).
‘‘(ii) SPECIAL RULES.—Any security provided under
clause (i) may be perfected and enforced only by the
Pension Benefit Guaranty Corporation, or at the direction of the Corporation, by a contributing sponsor
(within the meaning of section 4001(a)(13)), or a
member of such sponsor’s controlled group (within the
meaning of section 4001(a)(14)).
‘‘(B) CONSULTATION WITH THE PENSION BENEFIT GUARANTY CORPORATION.—Except as provided in subparagraph
(C), the Secretary of the Treasury shall, before granting
or modifying a waiver under this subsection with respect
to a plan described in subparagraph (A)(i)—
‘‘(i) provide the Pension Benefit Guaranty Corporation with—
‘‘(I) notice of the completed application for any
waiver or modification, and
‘‘(II) an opportunity to comment on such
application within 30 days after receipt of such
notice, and
‘‘(ii) consider—
‘‘(I) any comments of the Corporation under
clause (i)(II), and
‘‘(II) any views of any employee organization
(within the meaning of section 3(4)) representing
participants in the plan which are submitted in
writing to the Secretary of the Treasury in connection with such application.
Information provided to the Corporation under this
subparagraph shall be considered tax return information
and subject to the safeguarding and reporting requirements
of section 6103(p) of the Internal Revenue Code of 1986.

Notice.
Deadline.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 787

‘‘(C) EXCEPTION FOR CERTAIN WAIVERS.—
‘‘(i) IN GENERAL.—The preceding provisions of this
paragraph shall not apply to any plan with respect
to which the sum of—
‘‘(I) the aggregate unpaid minimum required
contributions for the plan year and all preceding
plan years, and
‘‘(II) the present value of all waiver amortization installments determined for the plan year and
succeeding plan years under section 303(e)(2),
is less than $1,000,000.
‘‘(ii) TREATMENT OF WAIVERS FOR WHICH APPLICATIONS ARE PENDING.—The amount described in clause
(i)(I) shall include any increase in such amount which
would result if all applications for waivers of the minimum funding standard under this subsection which
are pending with respect to such plan were denied.
‘‘(iii) UNPAID MINIMUM REQUIRED CONTRIBUTION.—
For purposes of this subparagraph—
‘‘(I) IN GENERAL.—The term ‘unpaid minimum
required contribution’ means, with respect to any
plan year, any minimum required contribution
under section 303 for the plan year which is not
paid on or before the due date (as determined
under section 303(j)(1)) for the plan year.
‘‘(II) ORDERING RULE.—For purposes of subclause (I), any payment to or under a plan for
any plan year shall be allocated first to unpaid
minimum required contributions for all preceding
plan years on a first-in, first-out basis and then
to the minimum required contribution under section 303 for the plan year.
‘‘(5) SPECIAL RULES FOR SINGLE-EMPLOYER PLANS.—
‘‘(A) APPLICATION MUST BE SUBMITTED BEFORE DATE
21⁄2 MONTHS AFTER CLOSE OF YEAR.—In the case of a singleemployer plan, no waiver may be granted under this subsection with respect to any plan for any plan year unless
an application therefor is submitted to the Secretary of
the Treasury not later than the 15th day of the 3rd month
beginning after the close of such plan year.
‘‘(B) SPECIAL RULE IF EMPLOYER IS MEMBER OF CONTROLLED GROUP.—In the case of a single-employer plan,
if an employer is a member of a controlled group, the
temporary substantial business hardship requirements of
paragraph (1) shall be treated as met only if such requirements are met—
‘‘(i) with respect to such employer, and
‘‘(ii) with respect to the controlled group of which
such employer is a member (determined by treating
all members of such group as a single employer).
The Secretary of the Treasury may provide that an analysis
of a trade or business or industry of a member need not
be conducted if such Secretary determines such analysis
is not necessary because the taking into account of such
member would not significantly affect the determination
under this paragraph.
‘‘(6) ADVANCE NOTICE.—

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

APPS06

PsN: PUBL280

120 STAT. 788

‘‘(A) IN GENERAL.—The Secretary of the Treasury shall,
before granting a waiver under this subsection, require
each applicant to provide evidence satisfactory to such Secretary that the applicant has provided notice of the filing
of the application for such waiver to each affected party
(as defined in section 4001(a)(21)). Such notice shall include
a description of the extent to which the plan is funded
for benefits which are guaranteed under title IV and for
benefit liabilities.
‘‘(B) CONSIDERATION OF RELEVANT INFORMATION.—The
Secretary of the Treasury shall consider any relevant
information provided by a person to whom notice was given
under subparagraph (A).
‘‘(7) RESTRICTION ON PLAN AMENDMENTS.—
‘‘(A) IN GENERAL.—No amendment of a plan which
increases the liabilities of the plan by reason of any
increase in benefits, any change in the accrual of benefits,
or any change in the rate at which benefits become nonforfeitable under the plan shall be adopted if a waiver
under this subsection or an extension of time under section
304(d) is in effect with respect to the plan, or if a plan
amendment described in subsection (d)(2) has been made
at any time in the preceding 12 months (24 months in
the case of a multiemployer plan). If a plan is amended
in violation of the preceding sentence, any such waiver,
or extension of time, shall not apply to any plan year
ending on or after the date on which such amendment
is adopted.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
to any plan amendment which—
‘‘(i) the Secretary of the Treasury determines to
be reasonable and which provides for only de minimis
increases in the liabilities of the plan,
‘‘(ii) only repeals an amendment described in subsection (d)(2), or
‘‘(iii) is required as a condition of qualification
under part I of subchapter D of chapter 1 of the
Internal Revenue Code of 1986.
‘‘(8) CROSS REFERENCE.—For corresponding duties of the
Secretary of the Treasury with regard to implementation of
the Internal Revenue Code of 1986, see section 412(c) of such
Code.
‘‘(d) MISCELLANEOUS RULES.—
‘‘(1) CHANGE IN METHOD OR YEAR.—If the funding method,
the valuation date, or a plan year for a plan is changed,
the change shall take effect only if approved by the Secretary
of the Treasury.
‘‘(2) CERTAIN RETROACTIVE PLAN AMENDMENTS.—For purposes of this section, any amendment applying to a plan year
which—
‘‘(A) is adopted after the close of such plan year but
no later than 21⁄2 months after the close of the plan year
(or, in the case of a multiemployer plan, no later than
2 years after the close of such plan year),
‘‘(B) does not reduce the accrued benefit of any participant determined as of the beginning of the first plan year
to which the amendment applies, and

Deadlines.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 789

‘‘(C) does not reduce the accrued benefit of any participant determined as of the time of adoption except to the
extent required by the circumstances,
shall, at the election of the plan administrator, be deemed
to have been made on the first day of such plan year. No
amendment described in this paragraph which reduces the
accrued benefits of any participant shall take effect unless
the plan administrator files a notice with the Secretary of
the Treasury notifying him of such amendment and such Secretary has approved such amendment, or within 90 days after
the date on which such notice was filed, failed to disapprove
such amendment. No amendment described in this subsection
shall be approved by the Secretary of the Treasury unless
such Secretary determines that such amendment is necessary
because of a temporary substantial business hardship (as determined under subsection (c)(2)) or a substantial business hardship (as so determined) in the case of a multiemployer plan
and that a waiver under subsection (c) (or, in the case of
a multiemployer plan, any extension of the amortization period
under section 304(d)) is unavailable or inadequate.
‘‘(3) CONTROLLED GROUP.—For purposes of this section, the
term ‘controlled group’ means any group treated as a single
employer under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986.’’.
(c) CLERICAL AMENDMENT.—The table of contents in section
1 of such Act is amended by striking the items relating to sections
302 through 308 and inserting the following new item:
‘‘Sec. 302. Minimum funding standards.’’.

(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after 2007.

29 USC 1082
note.

SEC. 102. FUNDING RULES FOR SINGLE-EMPLOYER DEFINED BENEFIT
PENSION PLANS.

(a) IN GENERAL.—Part 3 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (as amended by section
101 of this Act) is amended by inserting after section 302 the
following new section:
‘‘SEC. 303. MINIMUM FUNDING STANDARDS FOR SINGLE-EMPLOYER
DEFINED BENEFIT PENSION PLANS.

29 USC 1083.

‘‘(a) MINIMUM REQUIRED CONTRIBUTION.—For purposes of this
section and section 302(a)(2)(A), except as provided in subsection
(f), the term ‘minimum required contribution’ means, with respect
to any plan year of a single-employer plan—
‘‘(1) in any case in which the value of plan assets of the
plan (as reduced under subsection (f)(4)(B)) is less than the
funding target of the plan for the plan year, the sum of—
‘‘(A) the target normal cost of the plan for the plan
year,
‘‘(B) the shortfall amortization charge (if any) for the
plan for the plan year determined under subsection (c),
and
‘‘(C) the waiver amortization charge (if any) for the
plan for the plan year as determined under subsection
(e); or
‘‘(2) in any case in which the value of plan assets of the
plan (as reduced under subsection (f)(4)(B)) equals or exceeds

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 790

PUBLIC LAW 109–280—AUG. 17, 2006

the funding target of the plan for the plan year, the target
normal cost of the plan for the plan year reduced (but not
below zero) by such excess.
‘‘(b) TARGET NORMAL COST.—For purposes of this section, except
as provided in subsection (i)(2) with respect to plans in at-risk
status, the term ‘target normal cost’ means, for any plan year,
the present value of all benefits which are expected to accrue
or to be earned under the plan during the plan year. For purposes
of this subsection, if any benefit attributable to services 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.
‘‘(c) SHORTFALL AMORTIZATION CHARGE.—
‘‘(1) IN GENERAL.—For purposes of this section, the shortfall
amortization charge for a plan for any plan year is the aggregate total (not less than zero) of the shortfall amortization
installments for such plan year with respect to the shortfall
amortization bases for such plan year and each of the 6 preceding plan years.
‘‘(2) SHORTFALL AMORTIZATION INSTALLMENT.—For purposes
of paragraph (1)—
‘‘(A) DETERMINATION.—The shortfall amortization
installments are the amounts necessary to amortize the
shortfall amortization base of the plan for any plan year
in level annual installments over the 7-plan-year period
beginning with such plan year.
‘‘(B) SHORTFALL INSTALLMENT.—The shortfall amortization installment for any plan year in the 7-plan-year period
under subparagraph (A) with respect to any shortfall
amortization base is the annual installment determined
under subparagraph (A) for that year for that base.
‘‘(C) SEGMENT RATES.—In determining any shortfall
amortization installment under this paragraph, 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).
‘‘(3) SHORTFALL AMORTIZATION BASE.—For purposes of this
section, the shortfall amortization base of a plan for a plan
year is—
‘‘(A) the funding shortfall of such plan for such plan
year, minus
‘‘(B) the present value (determined using 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)) of the aggregate total of
the shortfall amortization installments and waiver
amortization installments which have been determined for
such plan year and any succeeding plan year with respect
to the shortfall amortization bases and waiver amortization
bases of the plan for any plan year preceding such plan
year.
‘‘(4) FUNDING SHORTFALL.—For purposes of this section,
the funding shortfall of a plan for any plan year is the excess
(if any) of—
‘‘(A) the funding target of the plan for the plan year,
over

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 791

‘‘(B) the value of plan assets of the plan (as reduced
under subsection (f)(4)(B)) for the plan year which are
held by the plan on the valuation date.
‘‘(5) EXEMPTION FROM NEW SHORTFALL AMORTIZATION
BASE.—
‘‘(A) IN GENERAL.—In any case in which the value
of plan assets of the plan (as reduced under subsection
(f)(4)(A)) is equal to or greater than the funding target
of the plan for the plan year, the shortfall amortization
base of the plan for such plan year shall be zero.
‘‘(B) TRANSITION RULE.—
‘‘(i) IN GENERAL.—Except as provided in clauses
(iii) and (iv), in the case of plan years beginning after
2007 and before 2011, only the applicable percentage
of the funding target shall be taken into account under
paragraph (3)(A) in determining the funding shortfall
for the plan year for purposes of subparagraph (A).
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
‘‘In the case of a plan year

The
applicable
beginning in calendar year:
percentage is
2008 .....................................................................................
92
2009 .....................................................................................
94
2010 .....................................................................................
96.

‘‘(iii) LIMITATION.—Clause (i) shall not apply with
respect to any plan year after 2008 unless the shortfall
amortization base for each of the preceding years beginning after 2007 was zero (determined after application
of this subparagraph).
‘‘(iv) TRANSITION RELIEF NOT AVAILABLE FOR NEW
OR DEFICIT REDUCTION PLANS.—Clause (i) shall not
apply to a plan—
‘‘(I) which was not in effect for a plan year
beginning in 2007, or
‘‘(II) which was in effect for a plan year beginning in 2007 and which was subject to section
302(d) (as in effect for plan years beginning in
2007), determined after the application of paragraphs (6) and (9) thereof.
‘‘(6) 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 shortfall amortization charge for such plan year and succeeding plan years, the shortfall amortization bases for all
preceding plan years (and all shortfall amortization installments determined with respect to such bases) shall be reduced
to zero.
‘‘(d) RULES RELATING TO FUNDING TARGET.—For purposes of
this section—
‘‘(1) FUNDING TARGET.—Except as provided in subsection
(i)(1) with respect to plans in at-risk status, the funding target
of a plan for a plan year is the present value of all benefits
accrued or earned under the plan as of the beginning of the
plan year.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

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—

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 793

‘‘(I) was in effect for a plan year beginning
in 2007, and
‘‘(II) had a positive balance in the funding
standard account under section 302(b) as in effect
for such plan year and determined as of the end
of such plan year.
‘‘(2) APPLICATION OF BALANCES.—A prefunding balance and
a funding standard carryover balance maintained pursuant to
this paragraph—
‘‘(A) shall be available for crediting against the minimum required contribution, pursuant to an election under
paragraph (3),
‘‘(B) shall be applied as a reduction in the amount
treated as the value of plan assets for purposes of this
section, to the extent provided in paragraph (4), and
‘‘(C) may be reduced at any time, pursuant to an election under paragraph (5).
‘‘(3) ELECTION TO APPLY BALANCES AGAINST MINIMUM
REQUIRED CONTRIBUTION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), in the case of any plan year in which
the plan sponsor elects to credit against the minimum
required contribution for the current plan year all or a
portion of the prefunding balance or the funding standard
carryover balance for the current plan year (not in excess
of such minimum required contribution), the minimum
required contribution for the plan year shall be reduced
as of the first day of the plan year by the amount so
credited by the plan sponsor. For purposes of the preceding
sentence, the minimum required contribution shall be
determined after taking into account any waiver under
section 302(c).
‘‘(B) COORDINATION WITH FUNDING STANDARD CARRYOVER BALANCE.—To the extent that any plan has a funding
standard carryover balance greater than zero, no amount
of the prefunding balance of such plan may be credited
under this paragraph in reducing the minimum required
contribution.
‘‘(C) LIMITATION FOR UNDERFUNDED PLANS.—The preceding provisions of this paragraph shall not apply for
any plan year if the ratio (expressed as a percentage)
which—
‘‘(i) the value of plan assets for the preceding plan
year (as reduced under paragraph (4)(C)), bears to
‘‘(ii) the funding target of the plan for the preceding
plan year (determined without regard to subsection
(i)(1)),
is less than 80 percent. In the case of plan years beginning
in 2008, the ratio under this subparagraph may be determined using such methods of estimation as the Secretary
of the Treasury may prescribe.
‘‘(4) EFFECT OF BALANCES ON AMOUNTS TREATED AS VALUE
OF PLAN ASSETS.—In the case of any plan maintaining a
prefunding balance or a funding standard carryover balance
pursuant to this subsection, the amount treated as the value
of plan assets shall be deemed to be such amount, reduced
as provided in the following subparagraphs:

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 794

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(A)

APPLICABILITY OF SHORTFALL AMORTIZATION
purposes of subsection (c)(5), the value of plan
assets is deemed to be such amount, reduced by the amount
of the prefunding balance, but only if an election under
paragraph (2) applying any portion of the prefunding balance in reducing the minimum required contribution is
in effect for the plan year.
‘‘(B) DETERMINATION OF EXCESS ASSETS, FUNDING
SHORTFALL, AND FUNDING TARGET ATTAINMENT PERCENTAGE.—
‘‘(i) IN GENERAL.—For purposes of subsections (a),
(c)(4)(B), and (d)(2)(A), the value of plan assets is
deemed to be such amount, reduced by the amount
of the prefunding balance and the funding standard
carryover balance.
‘‘(ii) SPECIAL RULE FOR CERTAIN BINDING AGREEMENTS WITH PBGC.—For purposes of subsection
(c)(4)(B), the value of plan assets shall not be deemed
to be reduced for a plan year by the amount of the
specified balance if, with respect to such balance, there
is in effect for a plan year a binding written agreement
with the Pension Benefit Guaranty Corporation which
provides that such balance is not available to reduce
the minimum required contribution for the plan year.
For purposes of the preceding sentence, the term ‘specified balance’ means the prefunding balance or the
funding standard carryover balance, as the case may
be.
‘‘(C) AVAILABILITY OF BALANCES IN PLAN YEAR FOR
CREDITING AGAINST MINIMUM REQUIRED CONTRIBUTION.—
For purposes of paragraph (3)(C)(i) of this subsection, the
value of plan assets is deemed to be such amount, reduced
by the amount of the prefunding balance.
‘‘(5) ELECTION TO REDUCE BALANCE PRIOR TO DETERMINATIONS OF VALUE OF PLAN ASSETS AND CREDITING AGAINST MINIMUM REQUIRED CONTRIBUTION.—
‘‘(A) IN GENERAL.—The plan sponsor may elect to
reduce by any amount the balance of the prefunding balance and the funding standard carryover balance for any
plan year (but not below zero). Such reduction shall be
effective prior to any determination of the value of plan
assets for such plan year under this section and application
of the balance in reducing the minimum required contribution for such plan for such plan year pursuant to an election
under paragraph (2).
‘‘(B) COORDINATION BETWEEN PREFUNDING BALANCE
AND FUNDING STANDARD CARRYOVER BALANCE.—To the
extent that any plan has a funding standard carryover
balance greater than zero, no election may be made under
subparagraph (A) with respect to the prefunding balance.
‘‘(6) PREFUNDING BALANCE.—
‘‘(A) IN GENERAL.—A prefunding balance maintained
by a plan shall consist of a beginning balance of zero,
increased and decreased to the extent provided in subparagraphs (B) and (C), and adjusted further as provided in
paragraph (8).
‘‘(B) INCREASES.—
BASE.—For

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 795

‘‘(i) IN GENERAL.—As of the first day of each plan
year beginning after 2008, the prefunding balance of
a plan shall be increased by the amount elected by
the plan sponsor for the plan year. Such amount shall
not exceed the excess (if any) of—
‘‘(I) the aggregate total of employer contributions to the plan for the preceding plan year,
over—
‘‘(II) the minimum required contribution for
such preceding plan year.
‘‘(ii) ADJUSTMENTS FOR INTEREST.—Any excess contributions under clause (i) shall be properly adjusted
for interest accruing for the periods between the first
day of the current plan year and the dates on which
the excess contributions were made, determined by
using the effective interest rate for the preceding plan
year and by treating contributions as being first used
to satisfy the minimum required contribution.
‘‘(iii) CERTAIN CONTRIBUTIONS NECESSARY TO AVOID
excess
BENEFIT
LIMITATIONS
DISREGARDED.—The
described in clause (i) with respect to any preceding
plan year shall be reduced (but not below zero) by
the amount of contributions an employer would be
required to make under paragraph (1), (2), or (4) of
section 206(g) to avoid a benefit limitation which would
otherwise be imposed under such paragraph for the
preceding plan year. Any contribution which may be
taken into account in satisfying the requirements of
more than 1 of such paragraphs shall be taken into
account only once for purposes of this clause.
‘‘(C) DECREASE.—The prefunding balance of a plan
shall be decreased (but not below zero) by—
‘‘(i) as of the first day of each plan year after
2008, the amount of such balance credited under paragraph (2) (if any) in reducing the minimum required
contribution of the plan for the preceding plan year,
and
‘‘(ii) as of the time specified in paragraph (5)(A),
any reduction in such balance elected under paragraph
(5).
‘‘(7) FUNDING STANDARD CARRYOVER BALANCE.—
‘‘(A) IN GENERAL.—A funding standard carryover balance maintained by a plan shall consist of a beginning
balance determined under subparagraph (B), decreased to
the extent provided in subparagraph (C), and adjusted
further as provided in paragraph (8).
‘‘(B) BEGINNING BALANCE.—The beginning balance of
the funding standard carryover balance shall be the positive balance described in paragraph (1)(B)(ii)(II).
‘‘(C) DECREASES.—The funding standard carryover balance of a plan shall be decreased (but not below zero)
by—
‘‘(i) as of the first day of each plan year after
2008, the amount of such balance credited under paragraph (2) (if any) in reducing the minimum required
contribution of the plan for the preceding plan year,
and

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 796

‘‘(ii) as of the time specified in paragraph (5)(A),
any reduction in such balance elected under paragraph
(5).
‘‘(8) ADJUSTMENTS FOR INVESTMENT EXPERIENCE.—In determining the prefunding balance or the funding standard carryover balance of a plan as of the first day of the plan year,
the plan sponsor shall, in accordance with regulations prescribed by the Secretary of the Treasury, adjust such balance
to reflect the rate of return on plan assets for the preceding
plan year. Notwithstanding subsection (g)(3), such rate of
return shall be determined on the basis of fair market value
and shall properly take into account, in accordance with such
regulations, all contributions, distributions, and other plan payments made during such period.
‘‘(9) ELECTIONS.—Elections under this subsection shall be
made at such times, and in such form and manner, as shall
be prescribed in regulations of the Secretary of the Treasury.
‘‘(g) VALUATION OF PLAN ASSETS AND LIABILITIES.—
‘‘(1) TIMING OF DETERMINATIONS.—Except as otherwise provided under this subsection, all determinations under this section for a plan year shall be made as of the valuation date
of the plan for such plan year.
‘‘(2) VALUATION DATE.—For purposes of this section—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the valuation date of a plan for any plan year shall
be the first day of the plan year.
‘‘(B) EXCEPTION FOR SMALL PLANS.—If, on each day
during the preceding plan year, a plan had 100 or fewer
participants, the plan may designate any day during the
plan year as its valuation date for such plan year and
succeeding plan years. For purposes of this subparagraph,
all defined benefit plans which are single-employer plans
and are maintained by the same employer (or any member
of such employer’s controlled group) shall be treated as
1 plan, but only participants with respect to such employer
or member shall be taken into account.
‘‘(C) APPLICATION OF CERTAIN RULES IN DETERMINATION
OF PLAN SIZE.—For purposes of this paragraph—
‘‘(i) PLANS NOT IN EXISTENCE IN PRECEDING YEAR.—
In the case of the first plan year of any plan, subparagraph (B) shall apply to such plan by taking into
account the number of participants that the plan is
reasonably expected to have on days during such first
plan year.
‘‘(ii) PREDECESSORS.—Any reference in subparagraph (B) to an employer shall include a reference
to any predecessor of such employer.
‘‘(3) DETERMINATION OF VALUE OF PLAN ASSETS.—For purposes of this section—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the value of plan assets shall be the fair market
value of the assets.
‘‘(B) AVERAGING ALLOWED.—A plan may determine the
value of plan assets on the basis of the averaging of fair
market values, but only if such method—
‘‘(i) is permitted under regulations prescribed by
the Secretary of the Treasury,

Regulations.

Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 797

‘‘(ii) does not provide for averaging of such values
over more than the period beginning on the last day
of the 25th month preceding the month in which the
valuation date occurs and ending on the valuation
date (or a similar period in the case of a valuation
date which is not the 1st day of a month), and
‘‘(iii) does not result in a determination of the
value of plan assets which, at any time, is lower than
90 percent or greater than 110 percent of the fair
market value of such assets at such time.
Any such averaging shall be adjusted for contributions
and distributions (as provided by the Secretary of the
Treasury).
‘‘(4) ACCOUNTING FOR CONTRIBUTION RECEIPTS.—For purposes of determining the value of assets under paragraph (3)—
‘‘(A) PRIOR YEAR CONTRIBUTIONS.—If—
‘‘(i) an employer makes any contribution to the
plan after the valuation date for the plan year in
which the contribution is made, and
‘‘(ii) the contribution is for a preceding plan year,
the contribution shall be taken into account as an asset
of the plan as of the valuation date, except that in the
case of any plan year beginning after 2008, only the present
value (determined as of the valuation date) of such contribution may be taken into account. For purposes of the
preceding sentence, present value shall be determined
using the effective interest rate for the preceding plan
year to which the contribution is properly allocable.
‘‘(B) SPECIAL RULE FOR CURRENT YEAR CONTRIBUTIONS
MADE BEFORE VALUATION DATE.—If any contributions for
any plan year are made to or under the plan during the
plan year but before the valuation date for the plan year,
the assets of the plan as of the valuation date shall not
include—
‘‘(i) such contributions, and
‘‘(ii) interest on such contributions for the period
between the date of the contributions and the valuation
date, determined by using the effective interest rate
for the plan year.
‘‘(h) ACTUARIAL ASSUMPTIONS AND METHODS.—
‘‘(1) IN GENERAL.—Subject to this subsection, the determination of any present value or other computation under
this section shall be made on the basis of actuarial assumptions
and methods—
‘‘(A) each of which is reasonable (taking into account
the experience of the plan and reasonable expectations),
and
‘‘(B) which, in combination, offer the actuary’s best
estimate of anticipated experience under the plan.
‘‘(2) INTEREST RATES.—
‘‘(A) EFFECTIVE INTEREST RATE.—For purposes of this
section, the term ‘effective interest rate’ means, with
respect to any plan for any plan year, the single rate
of interest which, if used to determine the present value
of the plan’s accrued or earned benefits referred to in
subsection (d)(1), would result in an amount equal to the
funding target of the plan for such plan year.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00019

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 798

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(B) INTEREST RATES FOR DETERMINING FUNDING TARpurposes of determining the funding target and
normal cost of a plan for any plan year, the interest rate
used in determining the present value of the benefits of
the plan shall be—
‘‘(i) in the case of benefits reasonably determined
to be payable during the 5-year period beginning on
the first day of the plan year, the first segment rate
with respect to the applicable month,
‘‘(ii) in the case of benefits reasonably determined
to be payable during the 15-year period beginning at
the end of the period described in clause (i), the second
segment rate with respect to the applicable month,
and
‘‘(iii) in the case of benefits reasonably determined
to be payable after the period described in clause (ii),
the third segment rate with respect to the applicable
month.
‘‘(C) SEGMENT RATES.—For purposes of this paragraph—
‘‘(i) FIRST SEGMENT RATE.—The term ‘first segment
rate’ means, with respect to any month, the single
rate of interest which shall be determined by the Secretary of the Treasury for such month on the basis
of the corporate bond yield curve for such month,
taking into account only that portion of such yield
curve which is based on bonds maturing during the
5-year period commencing with such month.
‘‘(ii) SECOND SEGMENT RATE.—The term ‘second
segment rate’ means, with respect to any month, the
single rate of interest which shall be determined by
the Secretary of the Treasury for such month on the
basis of the corporate bond yield curve for such month,
taking into account only that portion of such yield
curve which is based on bonds maturing during the
15-year period beginning at the end of the period
described in clause (i).
‘‘(iii) THIRD SEGMENT RATE.—The term ‘third segment rate’ means, with respect to any month, the
single rate of interest which shall be determined by
the Secretary of the Treasury for such month on the
basis of the corporate bond yield curve for such month,
taking into account only that portion of such yield
curve which is based on bonds maturing during periods
beginning after the period described in clause (ii).
‘‘(D) CORPORATE BOND YIELD CURVE.—For purposes of
this paragraph—
‘‘(i) IN GENERAL.—The term ‘corporate bond yield
curve’ means, with respect to any month, a yield curve
which is prescribed by the Secretary of the Treasury
for such month and which reflects the average, for
the 24-month period ending with the month preceding
such month, of monthly yields on investment grade
corporate bonds with varying maturities and that are
in the top 3 quality levels available.
GET.—For

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00020

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 799

‘‘(ii) ELECTION TO USE YIELD CURVE.—Solely for
purposes of determining the minimum required contribution under this section, the plan sponsor may,
in lieu of the segment rates determined under subparagraph (C), elect to use interest rates under the corporate bond yield curve. For purposes of the preceding
sentence such curve shall be determined without
regard to the 24-month averaging described in clause
(i). Such election, once made, may be revoked only
with the consent of the Secretary of the Treasury.
‘‘(E) APPLICABLE MONTH.—For purposes of this paragraph, the term ‘applicable month’ means, with respect
to any plan for any plan year, the month which includes
the valuation date of such plan for such plan year or,
at the election of the plan sponsor, any of the 4 months
which precede such month. Any election made under this
subparagraph shall apply to the plan year for which the
election is made and all succeeding plan years, unless
the election is revoked with the consent of the Secretary
of the Treasury.
‘‘(F) PUBLICATION REQUIREMENTS.—The Secretary of
the Treasury shall publish for each month the corporate
bond yield curve (and the corporate bond yield curve
reflecting
the
modification
described
in
section
205(g)(3)(B)(iii)(I)) for such month and each of the rates
determined under subparagraph (B) for such month. The
Secretary of the Treasury shall also publish a description
of the methodology used to determine such yield curve
and such rates which is sufficiently detailed to enable
plans to make reasonable projections regarding the yield
curve and such rates for future months based on the plan’s
projection of future interest rates.
‘‘(G) TRANSITION RULE.—
‘‘(i) IN GENERAL.—Notwithstanding the preceding
provisions of this paragraph, for plan years beginning
in 2008 or 2009, the first, second, or third segment
rate for a plan with respect to any month shall be
equal to the sum of—
‘‘(I) the product of such rate for such month
determined without regard to this subparagraph,
multiplied by the applicable percentage, and
‘‘(II) the product of the rate determined under
the rules of section 302(b)(5)(B)(ii)(II) (as in effect
for plan years beginning in 2007), multiplied by
a percentage equal to 100 percent minus the
applicable percentage.
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
clause (i), the applicable percentage is 331⁄3 percent
for plan years beginning in 2008 and 662⁄3 percent
for plan years beginning in 2009.
‘‘(iii) NEW PLANS INELIGIBLE.—Clause (i) shall not
apply to any plan if the first plan year of the plan
begins after December 31, 2007.
‘‘(iv) ELECTION.—The plan sponsor may elect not
to have this subparagraph apply. Such election, once
made, may be revoked only with the consent of the
Secretary of the Treasury.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00021

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 800

‘‘(3) MORTALITY TABLES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C) or (D), the Secretary of the Treasury shall by regulation
prescribe mortality tables to be used in determining any
present value or making any computation under this section. Such tables shall be based on the actual experience
of pension plans and projected trends in such experience.
In prescribing such tables, the Secretary of the Treasury
shall take into account results of available independent
studies of mortality of individuals covered by pension plans.
‘‘(B) PERIODIC REVISION.—The Secretary of the
Treasury shall (at least every 10 years) make revisions
in any table in effect under subparagraph (A) to reflect
the actual experience of pension plans and projected trends
in such experience.
‘‘(C) SUBSTITUTE MORTALITY TABLE.—
‘‘(i) IN GENERAL.—Upon request by the plan
sponsor and approval by the Secretary of the Treasury,
a mortality table which meets the requirements of
clause (iii) shall be used in determining any present
value or making any computation under this section
during the period of consecutive plan years (not to
exceed 10) specified in the request.
‘‘(ii) EARLY TERMINATION OF PERIOD.—Notwithstanding clause (i), a mortality table described in clause
(i) shall cease to be in effect as of the earliest of—
‘‘(I) the date on which there is a significant
change in the participants in the plan by reason
of a plan spinoff or merger or otherwise, or
‘‘(II) the date on which the plan actuary determines that such table does not meet the requirements of clause (iii).
‘‘(iii) REQUIREMENTS.—A mortality table meets the
requirements of this clause if—
‘‘(I) there is a sufficient number of plan participants, and the pension plans have been maintained for a sufficient period of time, to have credible information necessary for purposes of subclause (II), and
‘‘(II) such table reflects the actual experience
of the pension plans maintained by the sponsor
and projected trends in general mortality experience.
‘‘(iv) ALL PLANS IN CONTROLLED GROUP MUST USE
SEPARATE TABLE.—Except as provided by the Secretary
of the Treasury, a plan sponsor may not use a mortality
table under this subparagraph for any plan maintained
by the plan sponsor unless—
‘‘(I) a separate mortality table is established
and used under this subparagraph for each other
plan maintained by the plan sponsor and if the
plan sponsor is a member of a controlled group,
each member of the controlled group, and
‘‘(II) the requirements of clause (iii) are met
separately with respect to the table so established
for each such plan, determined by only taking
into account the participants of such plan, the

Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00022

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 801

time such plan has been in existence, and the
actual experience of such plan.
‘‘(v) DEADLINE FOR SUBMISSION AND DISPOSITION
OF APPLICATION.—
‘‘(I) SUBMISSION.—The plan sponsor shall
submit a mortality table to the Secretary of the
Treasury for approval under this subparagraph
at least 7 months before the 1st day of the period
described in clause (i).
‘‘(II) DISPOSITION.—Any mortality table submitted to the Secretary of the Treasury for
approval under this subparagraph shall be treated
as in effect as of the 1st day of the period described
in clause (i) unless the Secretary of the Treasury,
during the 180-day period beginning on the date
of such submission, disapproves of such table and
provides the reasons that such table fails to meet
the requirements of clause (iii). The 180-day period
shall be extended upon mutual agreement of the
Secretary of the Treasury and the plan sponsor.
‘‘(D) SEPARATE MORTALITY TABLES FOR THE DISABLED.—
Notwithstanding subparagraph (A)—
‘‘(i) IN GENERAL.—The Secretary of the Treasury
shall establish mortality tables which may be used
(in lieu of the tables under subparagraph (A)) under
this subsection for individuals who are entitled to benefits under the plan on account of disability. The Secretary of the Treasury shall establish separate tables
for individuals whose disabilities occur in plan years
beginning before January 1, 1995, and for individuals
whose disabilities occur in plan years beginning on
or after such date.
‘‘(ii) SPECIAL RULE FOR DISABILITIES OCCURRING
AFTER 1994.—In the case of disabilities occurring in
plan years beginning after December 31, 1994, the
tables under clause (i) shall apply only with respect
to individuals described in such subclause who are
disabled within the meaning of title II of the Social
Security Act and the regulations thereunder.
‘‘(iii) PERIODIC REVISION.—The Secretary of the
Treasury shall (at least every 10 years) make revisions
in any table in effect under clause (i) to reflect the
actual experience of pension plans and projected trends
in such experience.
‘‘(4) PROBABILITY OF BENEFIT PAYMENTS IN THE FORM OF
LUMP SUMS OR OTHER OPTIONAL FORMS.—For purposes of determining any present value or making any computation under
this section, there shall be taken into account—
‘‘(A) the probability that future benefit payments under
the plan will be made in the form of optional forms of
benefits provided under the plan (including lump sum distributions, determined on the basis of the plan’s experience
and other related assumptions), and
‘‘(B) any difference in the present value of such future
benefit payments resulting from the use of actuarial
assumptions, in determining benefit payments in any such

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00023

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

APPS06

PsN: PUBL280

120 STAT. 802

PUBLIC LAW 109–280—AUG. 17, 2006
optional form of benefits, which are different from those
specified in this subsection.
‘‘(5) APPROVAL OF LARGE CHANGES IN ACTUARIAL ASSUMPTIONS.—
‘‘(A) IN GENERAL.—No actuarial assumption used to
determine the funding target for a plan to which this
paragraph applies may be changed without the approval
of the Secretary of the Treasury.
‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.—This paragraph shall apply to a plan only if—
‘‘(i) the plan is a single-employer plan to which
title IV applies,
‘‘(ii) the aggregate unfunded vested benefits as of
the close of the preceding plan year (as determined
under section 4006(a)(3)(E)(iii)) of such plan and all
other plans maintained by the contributing sponsors
(as defined in section 4001(a)(13)) and members of
such sponsors’ controlled groups (as defined in section
4001(a)(14)) which are covered by title IV (disregarding
plans with no unfunded vested benefits) exceed
$50,000,000, and
‘‘(iii) the change in assumptions (determined after
taking into account any changes in interest rate and
mortality table) results in a decrease in the funding
shortfall of the plan for the current plan year that
exceeds $50,000,000, or that exceeds $5,000,000 and
that is 5 percent or more of the funding target of
the plan before such change.
‘‘(i) SPECIAL RULES FOR AT-RISK PLANS.—
‘‘(1) FUNDING TARGET FOR PLANS IN AT-RISK STATUS.—
‘‘(A) IN GENERAL.—In the case of a plan which is in
at-risk status for a plan year, the funding target of the
plan for the plan year shall be equal to the sum of—
‘‘(i) the present value of all benefits accrued or
earned under the plan as of the beginning of the plan
year, as determined by using the additional actuarial
assumptions described in subparagraph (B), and
‘‘(ii) in the case of a plan which also has been
in at-risk status for at least 2 of the 4 preceding
plan years, a loading factor determined under subparagraph (C).
‘‘(B) ADDITIONAL ACTUARIAL ASSUMPTIONS.—The actuarial assumptions described in this subparagraph are as
follows:
‘‘(i) All employees who are not otherwise assumed
to retire as of the valuation date but who will be
eligible to elect benefits during the plan year and the
10 succeeding plan years shall be assumed to retire
at the earliest retirement date under the plan but
not before the end of the plan year for which the
at-risk funding target and at-risk target normal cost
are being determined.
‘‘(ii) All employees shall be assumed to elect the
retirement benefit available under the plan at the
assumed retirement age (determined after application
of clause (i)) which would result in the highest present
value of benefits.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00024

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 803

‘‘(C) LOADING FACTOR.—The loading factor applied with
respect to a plan under this paragraph for any plan year
is the sum of—
‘‘(i) $700, times the number of participants in the
plan, plus
‘‘(ii) 4 percent of the funding target (determined
without regard to this paragraph) of the plan for the
plan year.
‘‘(2) TARGET NORMAL COST OF AT-RISK PLANS.—In the case
of a plan which is in at-risk status for a plan year, the target
normal cost of the plan for such plan year shall be equal
to the sum of—
‘‘(A) the present value of all benefits which are expected
to accrue or be earned under the plan during the plan
year, determined using the additional actuarial assumptions described in paragraph (1)(B), plus
‘‘(B) in the case of a plan which also has been in
at-risk status for at least 2 of the 4 preceding plan years,
a loading factor equal to 4 percent of the target normal
cost (determined without regard to this paragraph) of the
plan for the plan year.
‘‘(3) MINIMUM AMOUNT.—In no event shall—
‘‘(A) the at-risk funding target be less than the funding
target, as determined without regard to this subsection,
or
‘‘(B) the at-risk target normal cost be less than the
target normal cost, as determined without regard to this
subsection.
‘‘(4) DETERMINATION OF AT-RISK STATUS.—For purposes of
this subsection—
‘‘(A) IN GENERAL.—A plan is in at-risk status for a
plan year if—
‘‘(i) the funding target attainment percentage for
the preceding plan year (determined under this section
without regard to this subsection) is less than 80 percent, and
‘‘(ii) the funding target attainment percentage for
the preceding plan year (determined under this section
by using the additional actuarial assumptions
described in paragraph (1)(B) in computing the funding
target) is less than 70 percent.
‘‘(B) TRANSITION RULE.—In the case of plan years beginning in 2008, 2009, and 2010, subparagraph (A)(i) shall
be applied by substituting the following percentages for
‘80 percent’:
‘‘(i) 65 percent in the case of 2008.
‘‘(ii) 70 percent in the case of 2009.
‘‘(iii) 75 percent in the case of 2010.
In the case of plan years beginning in 2008, the funding
target attainment percentage for the preceding plan year
under subparagraph (A)(ii) may be determined using such
methods of estimation as the Secretary of the Treasury
may provide.
‘‘(C) SPECIAL RULE FOR EMPLOYEES OFFERED EARLY
RETIREMENT IN 2006.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(A)(ii), the additional actuarial assumptions described

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00025

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

APPS06

PsN: PUBL280

120 STAT. 804

PUBLIC LAW 109–280—AUG. 17, 2006
in paragraph (1)(B) shall not be taken into account
with respect to any employee if—
‘‘(I) such employee is employed by a specified
automobile manufacturer,
‘‘(II) such employee is offered a substantial
amount of additional cash compensation, substantially enhanced retirement benefits under the plan,
or materially reduced employment duties on the
condition that by a specified date (not later than
December 31, 2010) the employee retires (as
defined under the terms of the plan),
‘‘(III) such offer is made during 2006 and
pursuant to a bona fide retirement incentive program and requires, by the terms of the offer, that
such offer can be accepted not later than a specified
date (not later than December 31, 2006), and
‘‘(IV) such employee does not elect to accept
such offer before the specified date on which the
offer expires.
‘‘(ii) SPECIFIED AUTOMOBILE MANUFACTURER.—For
purposes of clause (i), the term ‘specified automobile
manufacturer’ means—
‘‘(I) any manufacturer of automobiles, and
‘‘(II) any manufacturer of automobile parts
which supplies such parts directly to a manufacturer of automobiles and which, after a transaction
or series of transactions ending in 1999, ceased
to be a member of a controlled group which
included such manufacturer of automobiles.
‘‘(5) TRANSITION BETWEEN APPLICABLE FUNDING TARGETS
AND BETWEEN APPLICABLE TARGET NORMAL COSTS.—
‘‘(A) IN GENERAL.—In any case in which a plan which
is in at-risk status for a plan year has been in such status
for a consecutive period of fewer than 5 plan years, the
applicable amount of the funding target and of the target
normal cost shall be, in lieu of the amount determined
without regard to this paragraph, the sum of—
‘‘(i) the amount determined under this section
without regard to this subsection, plus
‘‘(ii) the transition percentage for such plan year
of the excess of the amount determined under this
subsection (without regard to this paragraph) over the
amount determined under this section without regard
to this subsection.
‘‘(B) TRANSITION PERCENTAGE.—For purposes of
subparagraph (A), the transition percentage shall be determined in accordance with the following table:

Deadline.

Deadline.

‘‘If the consecutive number of
years (including the plan year)

The
transition
the plan is in at-risk status is—
percentage
is—
1 ..............................................................................................
20
2 ..............................................................................................
40
3 ..............................................................................................
60
4 ..............................................................................................
80.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00026

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 805

‘‘(C) YEARS BEFORE EFFECTIVE DATE.—For purposes of
this paragraph, plan years beginning before 2008 shall
not be taken into account.
‘‘(6) SMALL PLAN EXCEPTION.—If, on each day during the
preceding plan year, a plan had 500 or fewer participants,
the plan shall not be treated as in at-risk status for the plan
year. For purposes of this paragraph, all defined benefit plans
(other than multiemployer plans) maintained by the same
employer (or any member of such employer’s controlled group)
shall be treated as 1 plan, but only participants with respect
to such employer or member shall be taken into account and
the rules of subsection (g)(2)(C) shall apply.
‘‘(j) PAYMENT OF MINIMUM REQUIRED CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—For purposes of this section, the due
date for any payment of any minimum required contribution
for any plan year shall be 81⁄2 months after the close of the
plan year.
‘‘(2) INTEREST.—Any payment required under paragraph
(1) for a plan year that is made on a date other than the
valuation date for such plan year shall be adjusted for interest
accruing for the period between the valuation date and the
payment date, at the effective rate of interest for the plan
for such plan year.
‘‘(3) ACCELERATED QUARTERLY CONTRIBUTION SCHEDULE FOR
UNDERFUNDED PLANS.—
‘‘(A) FAILURE TO TIMELY MAKE REQUIRED INSTALLMENT.—In any case in which the plan has a funding shortfall for the preceding plan year, the employer maintaining
the plan shall make the required installments under this
paragraph and if the employer fails to pay the full amount
of a required installment for the plan year, then the amount
of interest charged under paragraph (2) on the underpayment for the period of underpayment shall be determined by using a rate of interest equal to the rate otherwise
used under paragraph (2) plus 5 percentage points.
‘‘(B) AMOUNT OF UNDERPAYMENT, PERIOD OF UNDERPAYMENT.—For purposes of subparagraph (A)—
‘‘(i) AMOUNT.—The amount of the underpayment
shall be the excess of—
‘‘(I) the required installment, over
‘‘(II) the amount (if any) of the installment
contributed to or under the plan on or before the
due date for the installment.
‘‘(ii) PERIOD OF UNDERPAYMENT.—The period for
which any interest is charged under this paragraph
with respect to any portion of the underpayment shall
run from the due date for the installment to the date
on which such portion is contributed to or under the
plan.
‘‘(iii) ORDER OF CREDITING CONTRIBUTIONS.—For
purposes of clause (i)(II), contributions shall be credited
against unpaid required installments in the order in
which such installments are required to be paid.
‘‘(C) NUMBER OF REQUIRED INSTALLMENTS; DUE
DATES.—For purposes of this paragraph—
‘‘(i) PAYABLE IN 4 INSTALLMENTS.—There shall be
4 required installments for each plan year.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00027

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

APPS06

PsN: PUBL280

120 STAT. 806

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(ii) TIME FOR PAYMENT OF INSTALLMENTS.—The
due dates for required installments are set forth in
the following table:

‘‘In the case of the following
required installment:
1st .....................................................................
2nd ....................................................................
3rd ....................................................................
4th ....................................................................

The due date is:
April 15
July 15
October 15
January 15 of the
following year.

‘‘(D) AMOUNT OF REQUIRED INSTALLMENT.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The amount of any required
installment shall be 25 percent of the required annual
payment.
‘‘(ii) REQUIRED ANNUAL PAYMENT.—For purposes
of clause (i), the term ‘required annual payment’ means
the lesser of—
‘‘(I) 90 percent of the minimum required contribution (determined without regard to this subsection) to the plan for the plan year under this
section, or
‘‘(II) 100 percent of the minimum required contribution (determined without regard to this subsection or to any waiver under section 302(c)) to
the plan for the preceding plan year.
Subclause (II) shall not apply if the preceding plan
year referred to in such clause was not a year of
12 months.
‘‘(E) FISCAL YEARS AND SHORT YEARS.—
‘‘(i) FISCAL YEARS.—In applying this paragraph to
a plan year beginning on any date other than January
1, there shall be substituted for the months specified
in this paragraph, the months which correspond
thereto.
‘‘(ii) SHORT PLAN YEAR.—This subparagraph shall
be applied to plan years of less than 12 months in
accordance with regulations prescribed by the Secretary of the Treasury.
‘‘(4) LIQUIDITY REQUIREMENT IN CONNECTION WITH QUARTERLY CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—A plan to which this paragraph
applies shall be treated as failing to pay the full amount
of any required installment under paragraph (3) to the
extent that the value of the liquid assets paid in such
installment is less than the liquidity shortfall (whether
or not such liquidity shortfall exceeds the amount of such
installment required to be paid but for this paragraph).
‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.—This paragraph shall apply to a plan (other than a plan described
in subsection (g)(2)(B)) which—
‘‘(i) is required to pay installments under paragraph (3) for a plan year, and
‘‘(ii) has a liquidity shortfall for any quarter during
such plan year.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00028

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 807

‘‘(C) PERIOD OF UNDERPAYMENT.—For purposes of paragraph (3)(A), any portion of an installment that is treated
as not paid under subparagraph (A) shall continue to be
treated as unpaid until the close of the quarter in which
the due date for such installment occurs.
‘‘(D) LIMITATION ON INCREASE.—If the amount of any
required installment is increased by reason of subparagraph (A), in no event shall such increase exceed the
amount which, when added to prior installments for the
plan year, is necessary to increase the funding target
attainment percentage of the plan for the plan year (taking
into account the expected increase in funding target due
to benefits accruing or earned during the plan year) to
100 percent.
‘‘(E) DEFINITIONS.—For purposes of this paragraph—
‘‘(i) LIQUIDITY SHORTFALL.—The term ‘liquidity
shortfall’ means, with respect to any required installment, an amount equal to the excess (as of the last
day of the quarter for which such installment is made)
of—
‘‘(I) the base amount with respect to such
quarter, over
‘‘(II) the value (as of such last day) of the
plan’s liquid assets.
‘‘(ii) BASE AMOUNT.—
‘‘(I) IN GENERAL.—The term ‘base amount’
means, with respect to any quarter, an amount
equal to 3 times the sum of the adjusted disbursements from the plan for the 12 months ending
on the last day of such quarter.
‘‘(II) SPECIAL RULE.—If the amount determined
under subclause (I) exceeds an amount equal to
2 times the sum of the adjusted disbursements
from the plan for the 36 months ending on the
last day of the quarter and an enrolled actuary
certifies to the satisfaction of the Secretary of the
Treasury that such excess is the result of nonrecurring circumstances, the base amount with
respect to such quarter shall be determined without regard to amounts related to those nonrecurring circumstances.
‘‘(iii) DISBURSEMENTS FROM THE PLAN.—The term
‘disbursements from the plan’ means all disbursements
from the trust, including purchases of annuities, payments of single sums and other benefits, and administrative expenses.
‘‘(iv)
ADJUSTED
DISBURSEMENTS.—The
term
‘adjusted disbursements’ means disbursements from
the plan reduced by the product of—
‘‘(I) the plan’s funding target attainment
percentage for the plan year, and
‘‘(II) the sum of the purchases of annuities,
payments of single sums, and such other disbursements as the Secretary of the Treasury shall provide in regulations.
‘‘(v) LIQUID ASSETS.—The term ‘liquid assets’
means cash, marketable securities, and such other

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00029

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 808

Deadline.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

assets as specified by the Secretary of the Treasury
in regulations.
‘‘(vi) QUARTER.—The term ‘quarter’ means, with
respect to any required installment, the 3-month period
preceding the month in which the due date for such
installment occurs.
‘‘(F) REGULATIONS.—The Secretary of the Treasury may
prescribe such regulations as are necessary to carry out
this paragraph.
‘‘(k) IMPOSITION OF LIEN WHERE FAILURE TO MAKE REQUIRED
CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—In the case of a plan to which this
subsection applies (as provided under paragraph (2)), if—
‘‘(A) any person fails to make a contribution payment
required by section 302 and this section before the due
date for such payment, and
‘‘(B) the unpaid balance of such payment (including
interest), when added to the aggregate unpaid balance
of all preceding such payments for which payment was
not made before the due date (including interest), exceeds
$1,000,000,
then there shall be a lien in favor of the plan in the amount
determined under paragraph (3) upon all property and rights
to property, whether real or personal, belonging to such person
and any other person who is a member of the same controlled
group of which such person is a member.
‘‘(2) PLANS TO WHICH SUBSECTION APPLIES.—This subsection
shall apply to a single-employer plan covered under section
4021 for any plan year for which the funding target attainment
percentage (as defined in subsection (d)(2)) of such plan is
less than 100 percent.
‘‘(3) AMOUNT OF LIEN.—For purposes of paragraph (1), the
amount of the lien shall be equal to the aggregate unpaid
balance of contribution payments required under this section
and section 302 for which payment has not been made before
the due date.
‘‘(4) NOTICE OF FAILURE; LIEN.—
‘‘(A) NOTICE OF FAILURE.—A person committing a
failure described in paragraph (1) shall notify the Pension
Benefit Guaranty Corporation of such failure within 10
days of the due date for the required contribution payment.
‘‘(B) PERIOD OF LIEN.—The lien imposed by paragraph
(1) shall arise on the due date for the required contribution
payment and shall continue until the last day of the first
plan year in which the plan ceases to be described in
paragraph (1)(B). Such lien shall continue to run without
regard to whether such plan continues to be described
in paragraph (2) during the period referred to in the preceding sentence.
‘‘(C) CERTAIN RULES TO APPLY.—Any amount with
respect to which a lien is imposed under paragraph (1)
shall be treated as taxes due and owing the United States
and rules similar to the rules of subsections (c), (d), and
(e) of section 4068 shall apply with respect to a lien imposed
by subsection (a) and the amount with respect to such
lien.

Jkt 049139

PO 00280

Frm 00030

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 809

‘‘(5) ENFORCEMENT.—Any lien created under paragraph (1)
may be perfected and enforced only by the Pension Benefit
Guaranty Corporation, or at the direction of the Pension Benefit
Guaranty Corporation, by the contributing sponsor (or any
member of the controlled group of the contributing sponsor).
‘‘(6) DEFINITIONS.—For purposes of this subsection—
‘‘(A) CONTRIBUTION PAYMENT.—The term ‘contribution
payment’ means, in connection with a plan, a contribution
payment required to be made to the plan, including any
required installment under paragraphs (3) and (4) of subsection (j).
‘‘(B) DUE DATE; REQUIRED INSTALLMENT.—The terms
‘due date’ and ‘required installment’ have the meanings
given such terms by subsection (j), except that in the case
of a payment other than a required installment, the due
date shall be the date such payment is required to be
made under section 303.
‘‘(C) CONTROLLED GROUP.—The term ‘controlled group’
means any group treated as a single employer under subsections (b), (c), (m), and (o) of section 414 of the Internal
Revenue Code of 1986.
‘‘(l) QUALIFIED TRANSFERS TO HEALTH BENEFIT ACCOUNTS.—
In the case of a qualified transfer (as defined in section 420 of
the Internal Revenue Code of 1986), any assets so transferred
shall not, for purposes of this section, be treated as assets in
the plan.’’.
(b) CLERICAL AMENDMENT.—The table of sections in section
1 of such Act (as amended by section 101) is amended by inserting
after the item relating to section 302 the following new item:
‘‘Sec. 303. Minimum funding standards for single-employer defined benefit pension
plans.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after 2007.

29 USC 1083
note.

SEC. 103. BENEFIT LIMITATIONS UNDER SINGLE-EMPLOYER PLANS.

(a) FUNDING-BASED LIMITS ON BENEFITS AND BENEFIT
ACCRUALS UNDER SINGLE-EMPLOYER PLANS.—Section 206 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056)
is amended by adding at the end the following new subsection:
‘‘(g) FUNDING-BASED LIMITS ON BENEFITS AND BENEFIT
ACCRUALS UNDER SINGLE-EMPLOYER PLANS.—
‘‘(1) FUNDING-BASED LIMITATION ON SHUTDOWN BENEFITS
AND OTHER UNPREDICTABLE CONTINGENT EVENT BENEFITS
UNDER SINGLE-EMPLOYER PLANS.—
‘‘(A) IN GENERAL.—If a participant of a defined benefit

plan which is a single-employer plan is entitled to an
unpredictable contingent event benefit payable with respect
to any event occurring during any plan year, the plan
shall provide that such benefit may not be provided if
the adjusted funding target attainment percentage for such
plan year—
‘‘(i) is less than 60 percent, or
‘‘(ii) would be less than 60 percent taking into
account such occurrence.
‘‘(B) EXEMPTION.—Subparagraph (A) shall cease to
apply with respect to any plan year, effective as of the
first day of the plan year, upon payment by the plan

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00031

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Effective date.

APPS06

PsN: PUBL280

120 STAT. 810

sponsor of a contribution (in addition to any minimum
required contribution under section 303) equal to—
‘‘(i) in the case of subparagraph (A)(i), the amount
of the increase in the funding target of the plan (under
section 303) for the plan year attributable to the occurrence referred to in subparagraph (A), and
‘‘(ii) in the case of subparagraph (A)(ii), the amount
sufficient to result in a funding target attainment
percentage of 60 percent.
‘‘(C) UNPREDICTABLE CONTINGENT EVENT.—For purposes of this paragraph, the term ‘unpredictable contingent
event benefit’ means any benefit payable solely by reason
of—
‘‘(i) a plant shutdown (or similar event, as determined by the Secretary of the Treasury), or
‘‘(ii) an event other than the attainment of any
age, performance of any service, receipt or derivation
of any compensation, or occurrence of death or disability.
‘‘(2) LIMITATIONS ON PLAN AMENDMENTS INCREASING
LIABILITY FOR BENEFITS.—
‘‘(A) IN GENERAL.—No amendment to a defined benefit
plan which is a single-employer plan which has the effect
of increasing liabilities of the plan by reason of increases
in benefits, establishment of new benefits, changing the
rate of benefit accrual, or changing the rate at which benefits become nonforfeitable may take effect during any plan
year if the adjusted funding target attainment percentage
for such plan year is—
‘‘(i) less than 80 percent, or
‘‘(ii) would be less than 80 percent taking into
account such amendment.
‘‘(B) EXEMPTION.—Subparagraph (A) shall cease to
apply with respect to any plan year, effective as of the
first day of the plan year (or if later, the effective date
of the amendment), upon payment by the plan sponsor
of a contribution (in addition to any minimum required
contribution under section 303) equal to—
‘‘(i) in the case of subparagraph (A)(i), the amount
of the increase in the funding target of the plan (under
section 303) for the plan year attributable to the
amendment, and
‘‘(ii) in the case of subparagraph (A)(ii), the amount
sufficient to result in an adjusted funding target attainment percentage of 80 percent.
‘‘(C) EXCEPTION FOR CERTAIN BENEFIT INCREASES.—
Subparagraph (A) shall not apply to any amendment which
provides for an increase in benefits under a formula which
is not based on a participant’s compensation, but only
if the rate of such increase is not in excess of the contemporaneous rate of increase in average wages of participants
covered by the amendment.
‘‘(3) LIMITATIONS ON ACCELERATED BENEFIT DISTRIBUTIONS.—
‘‘(A) FUNDING PERCENTAGE LESS THAN 60 PERCENT.—
A defined benefit plan which is a single-employer plan
shall provide that, in any case in which the plan’s adjusted

Effective date.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00032

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 811

funding target attainment percentage for a plan year is
less than 60 percent, the plan may not pay any prohibited
payment after the valuation date for the plan year.
‘‘(B) BANKRUPTCY.—A defined benefit plan which is
a single-employer plan shall provide that, during any period
in which the plan sponsor is a debtor in a case under
title 11, United States Code, or similar Federal or State
law, the plan may not pay any prohibited payment. The
preceding sentence shall not apply on or after the date
on which the enrolled actuary of the plan certifies that
the adjusted funding target attainment percentage of such
plan is not less than 100 percent.
‘‘(C) LIMITED PAYMENT IF PERCENTAGE AT LEAST 60
PERCENT BUT LESS THAN 80 PERCENT.—
‘‘(i) IN GENERAL.—A defined benefit plan which
is a single-employer plan shall provide that, in any
case in which the plan’s adjusted funding target attainment percentage for a plan year is 60 percent or greater
but less than 80 percent, the plan may not pay any
prohibited payment after the valuation date for the
plan year to the extent the amount of the payment
exceeds the lesser of—
‘‘(I) 50 percent of the amount of the payment
which could be made without regard to this subsection, or
‘‘(II) the present value (determined under guidance prescribed by the Pension Benefit Guaranty
Corporation, using the interest and mortality
assumptions under section 205(g)) of the maximum
guarantee with respect to the participant under
section 4022.
‘‘(ii) ONE-TIME APPLICATION.—
‘‘(I) IN GENERAL.—The plan shall also provide
that only 1 prohibited payment meeting the
requirements of clause (i) may be made with
respect to any participant during any period of
consecutive plan years to which the limitations
under either subparagraph (A) or (B) or this
subparagraph applies.
‘‘(II) TREATMENT OF BENEFICIARIES.—For purposes of this clause, a participant and any beneficiary on his behalf (including an alternate payee,
as defined in section 206(d)(3)(K)) shall be treated
as 1 participant. If the accrued benefit of a participant is allocated to such an alternate payee and
1 or more other persons, the amount under clause
(i) shall be allocated among such persons in the
same manner as the accrued benefit is allocated
unless the qualified domestic relations order (as
defined in section 206(d)(3)(B)(i)) provides otherwise.
‘‘(D) EXCEPTION.—This paragraph shall not apply to
any plan for any plan year if the terms of such plan
(as in effect for the period beginning on September 1,
2005, and ending with such plan year) provide for no
benefit accruals with respect to any participant during
such period.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00033

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Certification.

APPS06

PsN: PUBL280

120 STAT. 812

‘‘(E) PROHIBITED PAYMENT.—For purpose of this paragraph, the term ‘prohibited payment’ means—
‘‘(i) any payment, in excess of the monthly amount
paid under a single life annuity (plus any social security supplements described in the last sentence of section 204(b)(1)(G)), to a participant or beneficiary whose
annuity starting date (as defined in section 205(h)(2))
occurs during any period a limitation under subparagraph (A) or (B) is in effect,
‘‘(ii) any payment for the purchase of an irrevocable
commitment from an insurer to pay benefits, and
‘‘(iii) any other payment specified by the Secretary
of the Treasury by regulations.
‘‘(4) LIMITATION ON BENEFIT ACCRUALS FOR PLANS WITH
SEVERE FUNDING SHORTFALLS.—
‘‘(A) IN GENERAL.—A defined benefit plan which is a
single-employer plan shall provide that, in any case in
which the plan’s adjusted funding target attainment
percentage for a plan year is less than 60 percent, benefit
accruals under the plan shall cease as of the valuation
date for the plan year.
‘‘(B) EXEMPTION.—Subparagraph (A) shall cease to
apply with respect to any plan year, effective as of the
first day of the plan year, upon payment by the plan
sponsor of a contribution (in addition to any minimum
required contribution under section 303) equal to the
amount sufficient to result in an adjusted funding target
attainment percentage of 60 percent.
‘‘(5) RULES RELATING TO CONTRIBUTIONS REQUIRED TO AVOID
BENEFIT LIMITATIONS.—
‘‘(A) SECURITY MAY BE PROVIDED.—
‘‘(i) IN GENERAL.—For purposes of this subsection,
the adjusted funding target attainment percentage
shall be determined by treating as an asset of the
plan any security provided by a plan sponsor in a
form meeting the requirements of clause (ii).
‘‘(ii) FORM OF SECURITY.—The security required
under clause (i) shall consist of—
‘‘(I) a bond issued by a corporate surety company that is an acceptable surety for purposes
of section 412 of this Act,
‘‘(II) cash, or United States obligations which
mature in 3 years or less, held in escrow by a
bank or similar financial institution, or
‘‘(III) such other form of security as is satisfactory to the Secretary of the Treasury and the parties involved.
‘‘(iii) ENFORCEMENT.—Any security provided under
clause (i) may be perfected and enforced at any time
after the earlier of—
‘‘(I) the date on which the plan terminates,
‘‘(II) if there is a failure to make a payment
of the minimum required contribution for any plan
year beginning after the security is provided, the
due date for the payment under section 303(j),
or

Regulations.

Effective date.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00034

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 813

‘‘(III) if the adjusted funding target attainment
percentage is less than 60 percent for a consecutive
period of 7 years, the valuation date for the last
year in the period.
‘‘(iv) RELEASE OF SECURITY.—The security shall be
released (and any amounts thereunder shall be
refunded together with any interest accrued thereon)
at such time as the Secretary of the Treasury may
prescribe in regulations, including regulations for partial releases of the security by reason of increases
in the funding target attainment percentage.
‘‘(B) PREFUNDING BALANCE OR FUNDING STANDARD
CARRYOVER BALANCE MAY NOT BE USED.—No prefunding
balance or funding standard carryover balance under section 303(f) may be used under paragraph (1), (2), or (4)
to satisfy any payment an employer may make under any
such paragraph to avoid or terminate the application of
any limitation under such paragraph.
‘‘(C) DEEMED REDUCTION OF FUNDING BALANCES.—
‘‘(i) IN GENERAL.—Subject to clause (iii), in any
case in which a benefit limitation under paragraph
(1), (2), (3), or (4) would (but for this subparagraph
and determined without regard to paragraph (1)(B),
(2)(B), or (4)(B)) apply to such plan for the plan year,
the plan sponsor of such plan shall be treated for
purposes of this Act as having made an election under
section 303(f) to reduce the prefunding balance or
funding standard carryover balance by such amount
as is necessary for such benefit limitation to not apply
to the plan for such plan year.
‘‘(ii) EXCEPTION FOR INSUFFICIENT FUNDING BALANCES.—Clause (i) shall not apply with respect to a
benefit limitation for any plan year if the application
of clause (i) would not result in the benefit limitation
not applying for such plan year.
‘‘(iii) RESTRICTIONS OF CERTAIN RULES TO COLLECTIVELY BARGAINED PLANS.—With respect to any benefit
limitation under paragraph (1), (2), or (4), clause (i)
shall only apply in the case of a plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more
employers.
‘‘(6) NEW PLANS.—Paragraphs (1), (2), and (4) shall not
apply to a plan for the first 5 plan years of the plan. For
purposes of this paragraph, the reference in this paragraph
to a plan shall include a reference to any predecessor plan.
‘‘(7) PRESUMED UNDERFUNDING FOR PURPOSES OF BENEFIT
LIMITATIONS.—
‘‘(A) PRESUMPTION OF CONTINUED UNDERFUNDING.—In
any case in which a benefit limitation under paragraph
(1), (2), (3), or (4) has been applied to a plan with respect
to the plan year preceding the current plan year, the
adjusted funding target attainment percentage of the plan
for the current plan year shall be presumed to be equal
to the adjusted funding target attainment percentage of
the plan for the preceding plan year until the enrolled
actuary of the plan certifies the actual adjusted funding

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00035

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

Certification.

APPS06

PsN: PUBL280

120 STAT. 814

target attainment percentage of the plan for the current
plan year.
‘‘(B) PRESUMPTION OF UNDERFUNDING AFTER 10TH
MONTH.—In any case in which no certification of the
adjusted funding target attainment percentage for the current plan year is made with respect to the plan before
the first day of the 10th month of such year, for purposes
of paragraphs (1), (2), (3), and (4), such first day shall
be deemed, for purposes of such paragraph, to be the valuation date of the plan for the current plan year and the
plan’s adjusted funding target attainment percentage shall
be conclusively presumed to be less than 60 percent as
of such first day.
‘‘(C) PRESUMPTION OF UNDERFUNDING AFTER 4TH
MONTH FOR NEARLY UNDERFUNDED PLANS.—In any case
in which—
‘‘(i) a benefit limitation under paragraph (1), (2),
(3), or (4) did not apply to a plan with respect to
the plan year preceding the current plan year, but
the adjusted funding target attainment percentage of
the plan for such preceding plan year was not more
than 10 percentage points greater than the percentage
which would have caused such paragraph to apply
to the plan with respect to such preceding plan year,
and
‘‘(ii) as of the first day of the 4th month of the
current plan year, the enrolled actuary of the plan
has not certified the actual adjusted funding target
attainment percentage of the plan for the current plan
year,
until the enrolled actuary so certifies, such first day shall
be deemed, for purposes of such paragraph, to be the valuation date of the plan for the current plan year and the
adjusted funding target attainment percentage of the plan
as of such first day shall, for purposes of such paragraph,
be presumed to be equal to 10 percentage points less than
the adjusted funding target attainment percentage of the
plan for such preceding plan year.
‘‘(8) TREATMENT OF PLAN AS OF CLOSE OF PROHIBITED OR
CESSATION PERIOD.—For purposes of applying this part—
‘‘(A) OPERATION OF PLAN AFTER PERIOD.—Unless the
plan provides otherwise, payments and accruals will
resume effective as of the day following the close of the
period for which any limitation of payment or accrual of
benefits under paragraph (3) or (4) applies.
‘‘(B) TREATMENT OF AFFECTED BENEFITS.—Nothing in
this paragraph shall be construed as affecting the plan’s
treatment of benefits which would have been paid or
accrued but for this subsection.
‘‘(9) TERMS RELATING TO FUNDING TARGET ATTAINMENT
PERCENTAGE.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘funding target attainment
percentage’ has the same meaning given such term by
section 303(d)(2).
‘‘(B) ADJUSTED FUNDING TARGET ATTAINMENT PERCENTAGE.—The term ‘adjusted funding target attainment

Effective date.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00036

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 815

percentage’ means the funding target attainment percentage which is determined under subparagraph (A) by
increasing each of the amounts under subparagraphs (A)
and (B) of section 303(d)(2) by the aggregate amount of
purchases of annuities for employees other than highly
compensated employees (as defined in section 414(q) of
the Internal Revenue Code of 1986) which were made by
the plan during the preceding 2 plan years.
‘‘(C) APPLICATION TO PLANS WHICH ARE FULLY FUNDED
WITHOUT REGARD TO REDUCTIONS FOR FUNDING BALANCES.—
‘‘(i) IN GENERAL.—In the case of a plan for any
plan year, if the funding target attainment percentage
is 100 percent or more (determined without regard
to this subparagraph and without regard to the reduction in the value of assets under section 303(f)(4)),
the funding target attainment percentage for purposes
of subparagraphs (A) and (B) shall be determined without regard to such reduction.
‘‘(ii) TRANSITION RULE.—Clause (i) shall be applied
to plan years beginning after 2007 and before 2011
by substituting for ‘100 percent’ the applicable percentage determined in accordance with the following table:
‘‘In the case of a plan year

The
applicable
beginning in calendar year:
percentage is
2008 .................................................................................
92
2009 .................................................................................
94
2010 .................................................................................
96.

‘‘(iii) LIMITATION.—Clause (ii) shall not apply with
respect to any plan year after 2008 unless the funding
target attainment percentage (determined without
regard to this subparagraph) of the plan for each preceding plan year after 2007 was not less than the
applicable percentage with respect to such preceding
plan year determined under clause (ii).
‘‘(10) SPECIAL RULE FOR 2008.—For purposes of this subsection, in the case of plan years beginning in 2008, the funding
target attainment percentage for the preceding plan year may
be determined using such methods of estimation as the Secretary of the Treasury may provide.’’.
(b) NOTICE REQUIREMENT.—
(1) IN GENERAL.—Section 101 of such Act (29 U.S.C. 1021)
is amended—
(A) by redesignating subsection (j) as subsection (k);
and
(B) by inserting after subsection (i) the following new
subsection:
‘‘(j) NOTICE OF FUNDING-BASED LIMITATION ON CERTAIN FORMS
OF DISTRIBUTION.—The plan administrator of a single-employer
plan shall provide a written notice to plan participants and beneficiaries within 30 days—
‘‘(1) after the plan has become subject to a restriction
described in paragraph (1) or (3) of section 206(g)),
‘‘(2) in the case of a plan to which section 206(g)(4) applies,
after the valuation date for the plan year described in section
206(g)(4)(B) for which the plan’s adjusted funding target attainment percentage for the plan year is less than 60 percent

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00037

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

APPS06

PsN: PUBL280

120 STAT. 816

PUBLIC LAW 109–280—AUG. 17, 2006

(or, if earlier, the date such percentage is deemed to be less
than 60 percent under section 206(g)(7)), and
‘‘(3) at such other time as may be determined by the Secretary of the Treasury.
The notice required to be provided under this subsection shall
be in writing, except that such notice may be in electronic or
other form to the extent that such form is reasonably accessible
to the recipient.’’.
(2) ENFORCEMENT.—Section 502(c)(4) of such Act (29 U.S.C.
1132(c)(4)) is amended by striking ‘‘section 302(b)(7)(F)(iv)’’ and
inserting ‘‘section 101(j) or 302(b)(7)(F)(iv)’’.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007.
(2) COLLECTIVE BARGAINING EXCEPTION.—In the case of
a plan maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more
employers ratified before January 1, 2008, the amendments
made by this section shall not apply to plan years beginning
before the earlier of—
(A) the later of—
(i) the date on which the last collective bargaining
agreement relating to the plan terminates (determined
without regard to any extension thereof agreed to after
the date of the enactment of this Act), or
(ii) the first day of the first plan year to which
the amendments made by this subsection would (but
for this subparagraph) apply, or
(B) January 1, 2010.
For purposes of subparagraph (A)(i), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination
of such collective bargaining agreement.

29 USC 1021
note.

26 USC 401 note.

SEC. 104. SPECIAL RULES FOR MULTIPLE EMPLOYER PLANS OF CERTAIN COOPERATIVES.

(a) GENERAL RULE.—Except as provided in this section, if a
plan in existence on July 26, 2005, was an eligible cooperative
plan for its plan year which includes such date, the amendments
made by this subtitle and subtitle B shall not apply to plan years
beginning before the earlier of—
(1) the first plan year for which the plan ceases to be
an eligible cooperative plan, or
(2) January 1, 2017.
(b) INTEREST RATE.—In applying section 302(b)(5)(B) of the
Employee Retirement Income Security Act of 1974 and section
412(b)(5)(B) of the Internal Revenue Code of 1986 (as in effect
before the amendments made by this subtitle and subtitle B) to
an eligible cooperative plan for plan years beginning after December
31, 2007, and before the first plan year to which such amendments
apply, the third segment rate determined under section
303(h)(2)(C)(iii) of such Act and section 430(h)(2)(C)(iii) of such
Code (as added by such amendments) shall be used in lieu of
the interest rate otherwise used.
(c) ELIGIBLE COOPERATIVE PLAN DEFINED.—For purposes of
this section, a plan shall be treated as an eligible cooperative

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00038

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 817

plan for a plan year if the plan is maintained by more than 1
employer and at least 85 percent of the employers are—
(1) rural cooperatives (as defined in section 401(k)(7)(B)
of such Code without regard to clause (iv) thereof), or
(2) organizations which are—
(A) cooperative organizations described in section
1381(a) of such Code which are more than 50-percent owned
by agricultural producers or by cooperatives owned by agricultural producers, or
(B) more than 50-percent owned, or controlled by, one
or more cooperative organizations described in subparagraph (A).
A plan shall also be treated as an eligible cooperative plan for
any plan year for which it is described in section 210(a) of the
Employee Retirement Income Security Act of 1974 and is maintained by a rural telephone cooperative association described in
section 3(40)(B)(v) of such Act.
SEC. 105. TEMPORARY RELIEF FOR CERTAIN PBGC SETTLEMENT
PLANS.

26 USC 401 note.

(a) GENERAL RULE.—Except as provided in this section, if a
plan in existence on July 26, 2005, was a PBGC settlement plan
as of such date, the amendments made by this subtitle and subtitle
B shall not apply to plan years beginning before January 1, 2014.
(b) INTEREST RATE.—In applying section 302(b)(5)(B) of the
Employee Retirement Income Security Act of 1974 and section
412(b)(5)(B) of the Internal Revenue Code of 1986 (as in effect
before the amendments made by this subtitle and subtitle B), to
a PBGC settlement plan for plan years beginning after December
31, 2007, and before January 1, 2014, the third segment rate
determined under section 303(h)(2)(C)(iii) of such Act and section
430(h)(2)(C)(iii) of such Code (as added by such amendments) shall
be used in lieu of the interest rate otherwise used.
(c) PBGC SETTLEMENT PLAN.—For purposes of this section,
the term ‘‘PBGC settlement plan’’ means a defined benefit plan
(other than a multiemployer plan) to which section 302 of such
Act and section 412 of such Code apply and—
(1) which was sponsored by an employer which was in
bankruptcy, giving rise to a claim by the Pension Benefit Guaranty Corporation of not greater than $150,000,000, and the
sponsorship of which was assumed by another employer that
was not a member of the same controlled group as the bankrupt
sponsor and the claim of the Pension Benefit Guaranty Corporation was settled or withdrawn in connection with the assumption of the sponsorship, or
(2) which, by agreement with the Pension Benefit Guaranty
Corporation, was spun off from a plan subsequently terminated
by such Corporation under section 4042 of the Employee Retirement Income Security Act of 1974.
SEC. 106. SPECIAL RULES FOR PLANS OF CERTAIN GOVERNMENT CONTRACTORS.

26 USC 401 note.

(a) GENERAL RULE.—Except as provided in this section, if a
plan is an eligible government contractor plan, this subtitle and
subtitle B shall not apply to plan years beginning before the earliest
of—
(1) the first plan year for which the plan ceases to be
an eligible government contractor plan,

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00039

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 818

Deadline.

PUBLIC LAW 109–280—AUG. 17, 2006

(2) the effective date of the Cost Accounting Standards
Pension Harmonization Rule, or
(3) January 1, 2011.
(b) INTEREST RATE.—In applying section 302(b)(5)(B) of the
Employee Retirement Income Security Act of 1974 and section
412(b)(5)(B) of the Internal Revenue Code of 1986 (as in effect
before the amendments made by this subtitle and subtitle B) to
an eligible government contractor plan for plan years beginning
after December 31, 2007, and before the first plan year to which
such amendments apply, the third segment rate determined under
section 303(h)(2)(C)(iii) of such Act and section 430(h)(2)(C)(iii) of
such Code (as added by such amendments) shall be used in lieu
of the interest rate otherwise used.
(c) ELIGIBLE GOVERNMENT CONTRACTOR PLAN DEFINED.—For
purposes of this section, a plan shall be treated as an eligible
government contractor plan if it is maintained by a corporation
or a member of the same affiliated group (as defined by section
1504(a) of the Internal Revenue Code of 1986), whose primary
source of revenue is derived from business performed under contracts with the United States that are subject to the Federal
Acquisition Regulations (chapter 1 of title 48, CFR) and that are
also subject to the Defense Federal Acquisition Regulation Supplement (chapter 2 of title 48, CFR), and whose revenue derived
from such business in the previous fiscal year exceeded
$5,000,000,000, and whose pension plan costs that are assignable
under those contracts are subject to sections 412 and 413 of the
Cost Accounting Standards (48 CFR 9904.412 and 9904.413).
(d) COST ACCOUNTING STANDARDS PENSION HARMONIZATION
RULE.—The Cost Accounting Standards Board shall review and
revise sections 412 and 413 of the Cost Accounting Standards
(48 CFR 9904.412 and 9904.413) to harmonize the minimum
required contribution under the Employee Retirement Income Security Act of 1974 of eligible government contractor plans and government reimbursable pension plan costs not later than January 1,
2010. Any final rule adopted by the Cost Accounting Standards
Board shall be deemed the Cost Accounting Standards Pension
Harmonization Rule.
SEC. 107. TECHNICAL AND CONFORMING AMENDMENTS.

29 USC 1021.
29 USC 1023.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

(a) MISCELLANEOUS AMENDMENTS TO TITLE I.—Subtitle B of
title I of such Act (29 U.S.C. 1021 et seq.) is amended—
(1) in section 101(d)(3), by striking ‘‘section 302(e)’’ and
inserting ‘‘section 303(j)’’;
(2) in section 103(d)(8)(B), by striking ‘‘the requirements
of section 302(c)(3)’’ and inserting ‘‘the applicable requirements
of sections 303(h) and 304(c)(3)’’;
(3) in section 103(d), by striking paragraph (11) and
inserting the following:
‘‘(11) If the current value of the assets of the plan is
less than 70 percent of—
‘‘(A) in the case of a single-employer plan, the funding
target (as defined in section 303(d)(1)) of the plan, or
‘‘(B) in the case of a multiemployer plan, the current
liability (as defined in section 304(c)(6)(D)) under the plan,
the percentage which such value is of the amount described
in subparagraph (A) or (B).’’;

Jkt 049139

PO 00280

Frm 00040

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 819

(4) in section 203(a)(3)(C), by striking ‘‘section 302(c)(8)’’
and inserting ‘‘section 302(d)(2)’’;
(5) in section 204(g)(1), by striking ‘‘section 302(c)(8)’’ and
inserting ‘‘section 302(d)(2)’’;
(6) in section 204(i)(2)(B), by striking ‘‘section 302(c)(8)’’
and inserting ‘‘section 302(d)(2)’’;
(7) in section 204(i)(3), by striking ‘‘funded current liability
percentage (within the meaning of section 302(d)(8) of this
Act)’’ and inserting ‘‘funding target attainment percentage (as
defined in section 303(d)(2))’’;
(8) in section 204(i)(4), by striking ‘‘section 302(c)(11)(A),
without regard to section 302(c)(11)(B)’’ and inserting ‘‘section
302(b)(1), without regard to section 302(b)(2)’’;
(9) in section 206(e)(1), by striking ‘‘section 302(d)’’ and
inserting ‘‘section 303(j)(4)’’, and by striking ‘‘section 302(e)(5)’’
and inserting ‘‘section 303(j)(4)(E)(i)’’;
(10) in section 206(e)(3), by striking ‘‘section 302(e) by
reason of paragraph (5)(A) thereof’’ and inserting ‘‘section
303(j)(3) by reason of section 303(j)(4)(A)’’; and
(11) in sections 101(e)(3), 403(c)(1), and 408(b)(13), by
striking ‘‘American Jobs Creation Act of 2004’’ and inserting
‘‘Pension Protection Act of 2006’’.
(b) MISCELLANEOUS AMENDMENTS TO TITLE IV.—Title IV of
such Act is amended—
(1) in section 4001(a)(13) (29 U.S.C. 1301(a)(13)), by
striking ‘‘302(c)(11)(A)’’ and inserting ‘‘302(b)(1)’’, by striking
‘‘412(c)(11)(A)’’ and inserting ‘‘412(b)(1)’’, by striking
‘‘302(c)(11)(B)’’ and inserting ‘‘302(b)(2)’’, and by striking
‘‘412(c)(11)(B)’’ and inserting ‘‘412(b)(2)’’;
(2) in section 4003(e)(1) (29 U.S.C. 1303(e)(1)), by striking
‘‘302(f)(1)(A) and (B)’’ and inserting ‘‘303(k)(1)(A) and (B)’’, and
by striking ‘‘412(n)(1)(A) and (B)’’ and inserting ‘‘430(k)(1)(A)
and (B)’’;
(3) in section 4010(b)(2) (29 U.S.C. 1310(b)(2)), by striking
‘‘302(f)(1)(A) and (B)’’ and inserting ‘‘303(k)(1)(A) and (B)’’, and
by striking ‘‘412(n)(1)(A) and (B)’’ and inserting ‘‘430(k)(1)(A)
and (B)’’;
(4) in section 4062(c) (29 U.S.C. 1362(c)), by striking paragraphs (1), (2), and (3) and inserting the following:
‘‘(1) the sum of the shortfall amortization charge (within
the meaning of section 303(c)(1) of this Act and 430(d)(1) of
the Internal Revenue Code of 1986) with respect to the plan
(if any) for the plan year in which the termination date occurs,
plus the aggregate total of shortfall amortization installments
(if any) determined for succeeding plan years under section
303(c)(2) of this Act and section 430(d)(2) of such Code (which,
for purposes of this subparagraph, shall include any increase
in such sum which would result if all applications for waivers
of the minimum funding standard under section 302(c) of this
Act and section 412(c) of such Code which are pending with
respect to such plan were denied and if no additional contributions (other than those already made by the termination date)
were made for the plan year in which the termination date
occurs or for any previous plan year), and
‘‘(2) the sum of the waiver amortization charge (within
the meaning of section 303(e)(1) of this Act and 430(e)(1) of
the Internal Revenue Code of 1986) with respect to the plan

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00041

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1053.
29 USC 1054.

29 USC 1056.

29 USC 1021,
1103, 1108.

APPS06

PsN: PUBL280

120 STAT. 820

29 USC 1001
note.

29 USC 1021
note.

PUBLIC LAW 109–280—AUG. 17, 2006

(if any) for the plan year in which the termination date occurs,
plus the aggregate total of waiver amortization installments
(if any) determined for succeeding plan years under section
303(e)(2) of this Act and section 430(e)(2) of such Code,’’;
(5) in section 4071 (29 U.S.C. 1371), by striking ‘‘302(f)(4)’’
and inserting ‘‘303(k)(4)’’;
(6) in section 4243(a)(1)(B) (29 U.S.C. 1423(a)(1)(B)), by
striking ‘‘302(a)’’ and inserting ‘‘304(a)’’, and, in clause (i), by
striking ‘‘302(a)’’ and inserting ‘‘304(a)’’;
(7) in section 4243(f)(1) (29 U.S.C. 1423(f)(1)), by striking
‘‘303(a)’’ and inserting ‘‘302(c)’’;
(8) in section 4243(f)(2) (29 U.S.C. 1423(f)(2)), by striking
‘‘303(c)’’ and inserting ‘‘302(c)(3)’’; and
(9) in section 4243(g) (29 U.S.C. 1423(g)), by striking
‘‘302(c)(3)’’ and inserting ‘‘304(c)(3)’’.
(c) AMENDMENTS TO REORGANIZATION PLAN NO. 4 OF 1978.—
Section 106(b)(ii) of Reorganization Plan No. 4 of 1978 (ratified
and affirmed as law by Public Law 98–532 (98 Stat. 2705)) is
amended by striking ‘‘302(c)(8)’’ and inserting ‘‘302(d)(2)’’, by
striking ‘‘304(a) and (b)(2)(A)’’ and inserting ‘‘304(d)(1), (d)(2), and
(e)(2)(A)’’, and by striking ‘‘412(c)(8), (e), and (f)(2)(A)’’ and inserting
‘‘412(c)(2) and 431(d)(1), (d)(2), and (e)(2)(A)’’.
(d) REPEAL OF EXPIRED AUTHORITY FOR TEMPORARY
VARIANCES.—Section 207 of such Act (29 U.S.C. 1057) is repealed.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after 2007.

Subtitle B—Amendments to Internal
Revenue Code of 1986
SEC. 111. MINIMUM FUNDING STANDARDS.
26 USC 412.

(a) NEW MINIMUM FUNDING STANDARDS.—Section 412 of the
Internal Revenue Code of 1986 (relating to minimum funding standards) is amended to read as follows:
‘‘SEC. 412. MINIMUM FUNDING STANDARDS.

‘‘(a) REQUIREMENT TO MEET MINIMUM FUNDING STANDARD.—
‘‘(1) IN GENERAL.—A plan to which this section applies
shall satisfy the minimum funding standard applicable to the
plan for any plan year.
‘‘(2) MINIMUM FUNDING STANDARD.—For purposes of paragraph (1), a plan shall be treated as satisfying the minimum
funding standard for a plan year if—
‘‘(A) in the case of a defined benefit plan which is
not a multiemployer plan, the employer makes contributions to or under the plan for the plan year which, in
the aggregate, are not less than the minimum required
contribution determined under section 430 for the plan
for the plan year,
‘‘(B) in the case of a money purchase plan which is
not a multiemployer plan, the employer makes contributions to or under the plan for the plan year which are
required under the terms of the plan, and
‘‘(C) in the case of a multiemployer plan, the employers
make contributions to or under the plan for any plan year
which, in the aggregate, are sufficient to ensure that the

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00042

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 821

plan does not have an accumulated funding deficiency
under section 431 as of the end of the plan year.
‘‘(b) LIABILITY FOR CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amount of any contribution required by this section
(including any required installments under paragraphs (3) and
(4) of section 430(j)) shall be paid by the employer responsible
for making contributions to or under the plan.
‘‘(2) JOINT AND SEVERAL LIABILITY WHERE EMPLOYER
MEMBER OF CONTROLLED GROUP.—If the employer referred to
in paragraph (1) is a member of a controlled group, each
member of such group shall be jointly and severally liable
for payment of such contributions.
‘‘(c) VARIANCE FROM MINIMUM FUNDING STANDARDS.—
‘‘(1) WAIVER IN CASE OF BUSINESS HARDSHIP.—
‘‘(A) IN GENERAL.—If—
‘‘(i) an employer is (or in the case of a multiemployer plan, 10 percent or more of the number of
employers contributing to or under the plan is) unable
to satisfy the minimum funding standard for a plan
year without temporary substantial business hardship
(substantial business hardship in the case of a multiemployer plan), and
‘‘(ii) application of the standard would be adverse
to the interests of plan participants in the aggregate,
the Secretary may, subject to subparagraph (C), waive
the requirements of subsection (a) for such year with
respect to all or any portion of the minimum funding
standard. The Secretary shall not waive the minimum
funding standard with respect to a plan for more than
3 of any 15 (5 of any 15 in the case of a multiemployer
plan) consecutive plan years
‘‘(B) EFFECTS OF WAIVER.—If a waiver is granted under
subparagraph (A) for any plan year—
‘‘(i) in the case of a defined benefit plan which
is not a multiemployer plan, the minimum required
contribution under section 430 for the plan year shall
be reduced by the amount of the waived funding deficiency and such amount shall be amortized as required
under section 430(e), and
‘‘(ii) in the case of a multiemployer plan, the
funding standard account shall be credited under section 431(b)(3)(C) with the amount of the waived
funding deficiency and such amount shall be amortized
as required under section 431(b)(2)(C).
‘‘(C) WAIVER OF AMORTIZED PORTION NOT ALLOWED.—
The Secretary may not waive under subparagraph (A) any
portion of the minimum funding standard under subsection
(a) for a plan year which is attributable to any waived
funding deficiency for any preceding plan year.
‘‘(2) DETERMINATION OF BUSINESS HARDSHIP.—For purposes
of this subsection, the factors taken into account in determining
temporary substantial business hardship (substantial business
hardship in the case of a multiemployer plan) shall include
(but shall not be limited to) whether or not—
‘‘(A) the employer is operating at an economic loss,

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00043

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 822

‘‘(B) there is substantial unemployment or underemployment in the trade or business and in the industry
concerned,
‘‘(C) the sales and profits of the industry concerned
are depressed or declining, and
‘‘(D) it is reasonable to expect that the plan will be
continued only if the waiver is granted.
‘‘(3) WAIVED FUNDING DEFICIENCY.—For purposes of this
section and part III of this subchapter, the term ‘waived funding
deficiency’ means the portion of the minimum funding standard
under subsection (a) (determined without regard to the waiver)
for a plan year waived by the Secretary and not satisfied
by employer contributions.
‘‘(4) SECURITY FOR WAIVERS FOR SINGLE-EMPLOYER PLANS,
CONSULTATIONS.—
‘‘(A) SECURITY MAY BE REQUIRED.—
‘‘(i) IN GENERAL.—Except as provided in subparagraph (C), the Secretary may require an employer
maintaining a defined benefit plan which is a singleemployer plan (within the meaning of section
4001(a)(15) of the Employee Retirement Income Security Act of 1974) to provide security to such plan as
a condition for granting or modifying a waiver under
paragraph (1).
‘‘(ii) SPECIAL RULES.—Any security provided under
clause (i) may be perfected and enforced only by the
Pension Benefit Guaranty Corporation, or at the direction of the Corporation, by a contributing sponsor
(within the meaning of section 4001(a)(13) of the
Employee Retirement Income Security Act of 1974),
or a member of such sponsor’s controlled group (within
the meaning of section 4001(a)(14) of such Act).
‘‘(B) CONSULTATION WITH THE PENSION BENEFIT GUARANTY CORPORATION.—Except as provided in subparagraph
(C), the Secretary shall, before granting or modifying a
waiver under this subsection with respect to a plan
described in subparagraph (A)(i)—
‘‘(i) provide the Pension Benefit Guaranty Corporation with—
‘‘(I) notice of the completed application for any
waiver or modification, and
‘‘(II) an opportunity to comment on such
application within 30 days after receipt of such
notice, and
‘‘(ii) consider—
‘‘(I) any comments of the Corporation under
clause (i)(II), and
‘‘(II) any views of any employee organization
(within the meaning of section 3(4) of the Employee
Retirement Income Security Act of 1974) representing participants in the plan which are submitted in writing to the Secretary in connection
with such application.
Information provided to the Corporation under this
subparagraph shall be considered tax return information
and subject to the safeguarding and reporting requirements
of section 6103(p).

Notice.
Deadline.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00044

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 823

‘‘(C) EXCEPTION FOR CERTAIN WAIVERS.—
‘‘(i) IN GENERAL.—The preceding provisions of this
paragraph shall not apply to any plan with respect
to which the sum of—
‘‘(I) the aggregate unpaid minimum required
contributions (within the meaning of section
4971(c)(4)) for the plan year and all preceding
plan years, and
‘‘(II) the present value of all waiver amortization installments determined for the plan year and
succeeding plan years under section 430(e)(2),
is less than $1,000,000.
‘‘(ii) TREATMENT OF WAIVERS FOR WHICH APPLICATIONS ARE PENDING.—The amount described in clause
(i)(I) shall include any increase in such amount which
would result if all applications for waivers of the minimum funding standard under this subsection which
are pending with respect to such plan were denied.
‘‘(5) SPECIAL RULES FOR SINGLE-EMPLOYER PLANS.—
‘‘(A) APPLICATION MUST BE SUBMITTED BEFORE DATE
21⁄2 MONTHS AFTER CLOSE OF YEAR.—In the case of a defined
benefit plan which is not a multiemployer plan, no waiver
may be granted under this subsection with respect to any
plan for any plan year unless an application therefor is
submitted to the Secretary not later than the 15th day
of the 3rd month beginning after the close of such plan
year.
‘‘(B) SPECIAL RULE IF EMPLOYER IS MEMBER OF CONTROLLED GROUP.—In the case of a defined benefit plan
which is not a multiemployer plan, if an employer is a
member of a controlled group, the temporary substantial
business hardship requirements of paragraph (1) shall be
treated as met only if such requirements are met—
‘‘(i) with respect to such employer, and
‘‘(ii) with respect to the controlled group of which
such employer is a member (determined by treating
all members of such group as a single employer).
The Secretary may provide that an analysis of a trade
or business or industry of a member need not be conducted
if the Secretary determines such analysis is not necessary
because the taking into account of such member would
not significantly affect the determination under this paragraph.
‘‘(6) ADVANCE NOTICE.—
‘‘(A) IN GENERAL.—The Secretary shall, before granting
a waiver under this subsection, require each applicant to
provide evidence satisfactory to the Secretary that the
applicant has provided notice of the filing of the application
for such waiver to each affected party (as defined in section
4001(a)(21) of the Employee Retirement Income Security
Act of 1974). Such notice shall include a description of
the extent to which the plan is funded for benefits which
are guaranteed under title IV of the Employee Retirement
Income Security Act of 1974 and for benefit liabilities.
‘‘(B) CONSIDERATION OF RELEVANT INFORMATION.—The
Secretary shall consider any relevant information provided

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00045

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

APPS06

PsN: PUBL280

120 STAT. 824

by a person to whom notice was given under subparagraph
(A).
‘‘(7) RESTRICTION ON PLAN AMENDMENTS.—
‘‘(A) IN GENERAL.—No amendment of a plan which
increases the liabilities of the plan by reason of any
increase in benefits, any change in the accrual of benefits,
or any change in the rate at which benefits become nonforfeitable under the plan shall be adopted if a waiver
under this subsection or an extension of time under section
431(d) is in effect with respect to the plan, or if a plan
amendment described in subsection (d)(2) has been made
at any time in the preceding 12 months (24 months in
the case of a multiemployer plan). If a plan is amended
in violation of the preceding sentence, any such waiver,
or extension of time, shall not apply to any plan year
ending on or after the date on which such amendment
is adopted.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
to any plan amendment which—
‘‘(i) the Secretary determines to be reasonable and
which provides for only de minimis increases in the
liabilities of the plan,
‘‘(ii) only repeals an amendment described in subsection (d)(2), or
‘‘(iii) is required as a condition of qualification
under part I of subchapter D, of chapter 1.
‘‘(d) MISCELLANEOUS RULES.—
‘‘(1) CHANGE IN METHOD OR YEAR.—If the funding method,
the valuation date, or a plan year for a plan is changed,
the change shall take effect only if approved by the Secretary.
‘‘(2) CERTAIN RETROACTIVE PLAN AMENDMENTS.—For purposes of this section, any amendment applying to a plan year
which—
‘‘(A) is adopted after the close of such plan year but
no later than 21⁄2 months after the close of the plan year
(or, in the case of a multiemployer plan, no later than
2 years after the close of such plan year),
‘‘(B) does not reduce the accrued benefit of any participant determined as of the beginning of the first plan year
to which the amendment applies, and
‘‘(C) does not reduce the accrued benefit of any participant determined as of the time of adoption except to the
extent required by the circumstances,
shall, at the election of the plan administrator, be deemed
to have been made on the first day of such plan year. No
amendment described in this paragraph which reduces the
accrued benefits of any participant shall take effect unless
the plan administrator files a notice with the Secretary notifying him of such amendment and the Secretary has approved
such amendment, or within 90 days after the date on which
such notice was filed, failed to disapprove such amendment.
No amendment described in this subsection shall be approved
by the Secretary unless the Secretary determines that such
amendment is necessary because of a temporary substantial
business hardship (as determined under subsection (c)(2)) or
a substantial business hardship (as so determined) in the case
of a multiemployer plan and that a waiver under subsection

Deadline.

Notices.
Deadline.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00046

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 825

(c) (or, in the case of a multiemployer plan, any extension
of the amortization period under section 431(d)) is unavailable
or inadequate.
‘‘(3) CONTROLLED GROUP.—For purposes of this section, the
term ‘controlled group’ means any group treated as a single
employer under subsection (b), (c), (m), or (o) of section 414.
‘‘(e) PLANS TO WHICH SECTION APPLIES.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)
and (4), this section applies to a plan if, for any plan year
beginning on or after the effective date of this section for
such plan under the Employee Retirement Income Security
Act of 1974—
‘‘(A) such plan included a trust which qualified (or
was determined by the Secretary to have qualified) under
section 401(a), or
‘‘(B) such plan satisfied (or was determined by the
Secretary to have satisfied) the requirements of section
403(a).
‘‘(2) EXCEPTIONS.—This section shall not apply to—
‘‘(A) any profit-sharing or stock bonus plan,
‘‘(B) any insurance contract plan described in paragraph (3),
‘‘(C) any governmental plan (within the meaning of
section 414(d)),
‘‘(D) any church plan (within the meaning of section
414(e)) with respect to which the election provided by section 410(d) has not been made,
‘‘(E) any plan which has not, at any time after September 2, 1974, provided for employer contributions, or
‘‘(F) any plan established and maintained by a society,
order, or association described in section 501(c)(8) or (9),
if no part of the contributions to or under such plan are
made by employers of participants in such plan.
No plan described in subparagraph (C), (D), or (F) shall be
treated as a qualified plan for purposes of section 401(a) unless
such plan meets the requirements of section 401(a)(7) as in
effect on September 1, 1974.
‘‘(3) CERTAIN INSURANCE CONTRACT PLANS.—A plan is
described in this paragraph if—
‘‘(A) the plan is funded exclusively by the purchase
of individual insurance contracts,
‘‘(B) such contracts provide for level annual premium
payments to be paid extending not later than the retirement age for each individual participating in the plan,
and commencing with the date the individual became a
participant in the plan (or, in the case of an increase
in benefits, commencing at the time such increase becomes
effective),
‘‘(C) benefits provided by the plan are equal to the
benefits provided under each contract at normal retirement
age under the plan and are guaranteed by an insurance
carrier (licensed under the laws of a State to do business
with the plan) to the extent premiums have been paid,
‘‘(D) premiums payable for the plan year, and all prior
plan years, under such contracts have been paid before
lapse or there is reinstatement of the policy,

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00047

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 826

Applicability.

26 USC 412 note.

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(E) no rights under such contracts have been subject
to a security interest at any time during the plan year,
and
‘‘(F) no policy loans are outstanding at any time during
the plan year.
A plan funded exclusively by the purchase of group insurance
contracts which is determined under regulations prescribed
by the Secretary to have the same characteristics as contracts
described in the preceding sentence shall be treated as a plan
described in this paragraph.
‘‘(4) CERTAIN TERMINATED MULTIEMPLOYER PLANS.—This
section applies with respect to a terminated multiemployer
plan to which section 4021 of the Employee Retirement Income
Security Act of 1974 applies until the last day of the plan
year in which the plan terminates (within the meaning of
section 4041A(a)(2) of such Act).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007.
SEC. 112. FUNDING RULES FOR SINGLE-EMPLOYER DEFINED BENEFIT
PENSION PLANS.

(a) IN GENERAL.—Subchapter D of chapter 1 of the Internal
Revenue Code of 1986 (relating to deferred compensation, etc.)
is amended by adding at the end the following new part:

‘‘PART III—MINIMUM FUNDING STANDARDS
FOR SINGLE-EMPLOYER DEFINED BENEFIT
PENSION PLANS
26 USC 430.

‘‘SEC. 430. MINIMUM FUNDING STANDARDS FOR SINGLE-EMPLOYER
DEFINED BENEFIT PENSION PLANS.

‘‘(a) MINIMUM REQUIRED CONTRIBUTION.—For purposes of this
section and section 412(a)(2)(A), except as provided in subsection
(f), the term ‘minimum required contribution’ means, with respect
to any plan year of a defined benefit plan which is not a multiemployer plan—
‘‘(1) in any case in which the value of plan assets of the
plan (as reduced under subsection (f)(4)(B)) is less than the
funding target of the plan for the plan year, the sum of—
‘‘(A) the target normal cost of the plan for the plan
year,
‘‘(B) the shortfall amortization charge (if any) for the
plan for the plan year determined under subsection (c),
and
‘‘(C) the waiver amortization charge (if any) for the
plan for the plan year as determined under subsection
(e);
‘‘(2) in any case in which the value of plan assets of the
plan (as reduced under subsection (f)(4)(B)) equals or exceeds
the funding target of the plan for the plan year, the target
normal cost of the plan for the plan year reduced (but not
below zero) by such excess.
‘‘(b) TARGET NORMAL COST.—For purposes of this section, except
as provided in subsection (i)(2) with respect to plans in at-risk
status, the term ‘target normal cost’ means, for any plan year,
the present value of all benefits which are expected to accrue

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00048

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 827

or to be earned under the plan during the plan year. For purposes
of this subsection, if any benefit attributable to services 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.
‘‘(c) SHORTFALL AMORTIZATION CHARGE.—
‘‘(1) IN GENERAL.—For purposes of this section, the shortfall
amortization charge for a plan for any plan year is the aggregate total (not less than zero) of the shortfall amortization
installments for such plan year with respect to the shortfall
amortization bases for such plan year and each of the 6 preceding plan years.
‘‘(2) SHORTFALL AMORTIZATION INSTALLMENT.—For purposes
of paragraph (1)—
‘‘(A) DETERMINATION.—The shortfall amortization
installments are the amounts necessary to amortize the
shortfall amortization base of the plan for any plan year
in level annual installments over the 7-plan-year period
beginning with such plan year.
‘‘(B) SHORTFALL INSTALLMENT.—The shortfall amortization installment for any plan year in the 7-plan-year period
under subparagraph (A) with respect to any shortfall
amortization base is the annual installment determined
under subparagraph (A) for that year for that base.
‘‘(C) SEGMENT RATES.—In determining any shortfall
amortization installment under this paragraph, 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).
‘‘(3) SHORTFALL AMORTIZATION BASE.—For purposes of this
section, the shortfall amortization base of a plan for a plan
year is—
‘‘(A) the funding shortfall of such plan for such plan
year, minus
‘‘(B) the present value (determined using 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)) of the aggregate total of
the shortfall amortization installments and waiver
amortization installments which have been determined for
such plan year and any succeeding plan year with respect
to the shortfall amortization bases and waiver amortization
bases of the plan for any plan year preceding such plan
year.
‘‘(4) FUNDING SHORTFALL.—For purposes of this section,
the funding shortfall of a plan for any plan year is the excess
(if any) of—
‘‘(A) the funding target of the plan for the plan year,
over
‘‘(B) the value of plan assets of the plan (as reduced
under subsection (f)(4)(B)) for the plan year which are
held by the plan on the valuation date.
‘‘(5) EXEMPTION FROM NEW SHORTFALL AMORTIZATION
BASE.—
‘‘(A) IN GENERAL.—In any case in which the value
of plan assets of the plan (as reduced under subsection

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00049

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 828

PUBLIC LAW 109–280—AUG. 17, 2006
(f)(4)(A)) is equal to or greater than the funding target
of the plan for the plan year, the shortfall amortization
base of the plan for such plan year shall be zero.
‘‘(B) TRANSITION RULE.—
‘‘(i) IN GENERAL.—Except as provided in clauses
(iii) and (iv), in the case of plan years beginning after
2007 and before 2011, only the applicable percentage
of the funding target shall be taken into account under
paragraph (3)(A) in determining the funding shortfall
for the plan year for purposes of subparagraph (A).
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
‘‘In the case of a plan year

The
applicable
beginning in calendar year:
percentage is
2008 .................................................................................
92
2009 .................................................................................
94
2010 .................................................................................
96.

‘‘(iii) LIMITATION.—Clause (i) shall not apply with
respect to any plan year after 2008 unless the shortfall
amortization base for each of the preceding years beginning after 2007 was zero (determined after application
of this subparagraph).
‘‘(iv) TRANSITION RELIEF NOT AVAILABLE FOR NEW
OR DEFICIT REDUCTION PLANS.—Clause (i) shall not
apply to a plan—
‘‘(I) which was not in effect for a plan year
beginning in 2007, or
‘‘(II) which was in effect for a plan year beginning in 2007 and which was subject to section
412(l) (as in effect for plan years beginning in
2007), determined after the application of paragraphs (6) and (9) thereof.
‘‘(6) 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 shortfall amortization charge for such plan year and succeeding plan years, the shortfall amortization bases for all
preceding plan years (and all shortfall amortization installments determined with respect to such bases) shall be reduced
to zero.
‘‘(d) RULES RELATING TO FUNDING TARGET.—For purposes of
this section—
‘‘(1) FUNDING TARGET.—Except as provided in subsection
(i)(1) with respect to plans in at-risk status, the funding target
of a plan for a plan year is the present value of all benefits
accrued or earned under the plan as of the beginning of the
plan year.
‘‘(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.—

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00050

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 829

‘‘(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
412(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
defined benefit plan which is not a multiemployer plan
may elect to maintain a prefunding balance.
‘‘(B) FUNDING STANDARD CARRYOVER BALANCE.—
‘‘(i) IN GENERAL.—In the case of a defined benefit
plan (other than a multiemployer 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—
‘‘(I) was in effect for a plan year beginning
in 2007, and
‘‘(II) had a positive balance in the funding
standard account under section 412(b) as in effect
for such plan year and determined as of the end
of such plan year.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00051

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 830

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(2) APPLICATION OF BALANCES.—A prefunding balance and
a funding standard carryover balance maintained pursuant to
this paragraph—
‘‘(A) shall be available for crediting against the minimum required contribution, pursuant to an election under
paragraph (3),
‘‘(B) shall be applied as a reduction in the amount
treated as the value of plan assets for purposes of this
section, to the extent provided in paragraph (4), and
‘‘(C) may be reduced at any time, pursuant to an election under paragraph (5).
‘‘(3) ELECTION TO APPLY BALANCES AGAINST MINIMUM
REQUIRED CONTRIBUTION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), in the case of any plan year in which
the plan sponsor elects to credit against the minimum
required contribution for the current plan year all or a
portion of the prefunding balance or the funding standard
carryover balance for the current plan year (not in excess
of such minimum required contribution), the minimum
required contribution for the plan year shall be reduced
as of the first day of the plan year by the amount so
credited by the plan sponsor as of the first day of the
plan year. For purposes of the preceding sentence, the
minimum required contribution shall be determined after
taking into account any waiver under section 412(c).
‘‘(B) COORDINATION WITH FUNDING STANDARD CARRYOVER BALANCE.—To the extent that any plan has a funding
standard carryover balance greater than zero, no amount
of the prefunding balance of such plan may be credited
under this paragraph in reducing the minimum required
contribution.
‘‘(C) LIMITATION FOR UNDERFUNDED PLANS.—The preceding provisions of this paragraph shall not apply for
any plan year if the ratio (expressed as a percentage)
which—
‘‘(i) the value of plan assets for the preceding plan
year (as reduced under paragraph (4)(C)), bears to
‘‘(ii) the funding target of the plan for the preceding
plan year (determined without regard to subsection
(i)(1)),
is less than 80 percent. In the case of plan years beginning
in 2008, the ratio under this subparagraph may be determined using such methods of estimation as the Secretary
may prescribe.
‘‘(4) EFFECT OF BALANCES ON AMOUNTS TREATED AS VALUE
OF PLAN ASSETS.—In the case of any plan maintaining a
prefunding balance or a funding standard carryover balance
pursuant to this subsection, the amount treated as the value
of plan assets shall be deemed to be such amount, reduced
as provided in the following subparagraphs:
‘‘(A) APPLICABILITY OF SHORTFALL AMORTIZATION
BASE.—For purposes of subsection (c)(5), the value of plan
assets is deemed to be such amount, reduced by the amount
of the prefunding balance, but only if an election under

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00052

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 831

paragraph (2) applying any portion of the prefunding balance in reducing the minimum required contribution is
in effect for the plan year.
‘‘(B) DETERMINATION OF EXCESS ASSETS, FUNDING
SHORTFALL, AND FUNDING TARGET ATTAINMENT PERCENTAGE.—
‘‘(i) IN GENERAL.—For purposes of subsections (a),
(c)(4)(B), and (d)(2)(A), the value of plan assets is
deemed to be such amount, reduced by the amount
of the prefunding balance and the funding standard
carryover balance.
‘‘(ii) SPECIAL RULE FOR CERTAIN BINDING AGREEMENTS WITH PBGC.—For purposes of subsection
(c)(4)(B), the value of plan assets shall not be deemed
to be reduced for a plan year by the amount of the
specified balance if, with respect to such balance, there
is in effect for a plan year a binding written agreement
with the Pension Benefit Guaranty Corporation which
provides that such balance is not available to reduce
the minimum required contribution for the plan year.
For purposes of the preceding sentence, the term ‘specified balance’ means the prefunding balance or the
funding standard carryover balance, as the case may
be.
‘‘(C) AVAILABILITY OF BALANCES IN PLAN YEAR FOR
CREDITING AGAINST MINIMUM REQUIRED CONTRIBUTION.—
For purposes of paragraph (3)(C)(i) of this subsection, the
value of plan assets is deemed to be such amount, reduced
by the amount of the prefunding balance.
‘‘(5) ELECTION TO REDUCE BALANCE PRIOR TO DETERMINATIONS OF VALUE OF PLAN ASSETS AND CREDITING AGAINST MINIMUM REQUIRED CONTRIBUTION.—
‘‘(A) IN GENERAL.—The plan sponsor may elect to
reduce by any amount the balance of the prefunding balance and the funding standard carryover balance for any
plan year (but not below zero). Such reduction shall be
effective prior to any determination of the value of plan
assets for such plan year under this section and application
of the balance in reducing the minimum required contribution for such plan for such plan year pursuant to an election
under paragraph (2).
‘‘(B) COORDINATION BETWEEN PREFUNDING BALANCE
AND FUNDING STANDARD CARRYOVER BALANCE.—To the
extent that any plan has a funding standard carryover
balance greater than zero, no election may be made under
subparagraph (A) with respect to the prefunding balance.
‘‘(6) PREFUNDING BALANCE.—
‘‘(A) IN GENERAL.—A prefunding balance maintained
by a plan shall consist of a beginning balance of zero,
increased and decreased to the extent provided in subparagraphs (B) and (C), and adjusted further as provided in
paragraph (8).
‘‘(B) INCREASES.—
‘‘(i) IN GENERAL.—As of the first day of each plan
year beginning after 2008, the prefunding balance of
a plan shall be increased by the amount elected by

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00053

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Effective date.

Effective date.

APPS06

PsN: PUBL280

120 STAT. 832

PUBLIC LAW 109–280—AUG. 17, 2006
the plan sponsor for the plan year. Such amount shall
not exceed the excess (if any) of—
‘‘(I) the aggregate total of employer contributions to the plan for the preceding plan year,
over—
‘‘(II) the minimum required contribution for
such preceding plan year.
‘‘(ii) ADJUSTMENTS FOR INTEREST.—Any excess contributions under clause (i) shall be properly adjusted
for interest accruing for the periods between the first
day of the current plan year and the dates on which
the excess contributions were made, determined by
using the effective interest rate for the preceding plan
year and by treating contributions as being first used
to satisfy the minimum required contribution.
‘‘(iii) CERTAIN CONTRIBUTIONS NECESSARY TO AVOID
excess
BENEFIT
LIMITATIONS
DISREGARDED.—The
described in clause (i) with respect to any preceding
plan year shall be reduced (but not below zero) by
the amount of contributions an employer would be
required to make under paragraph (1), (2), or (4) of
section 206(g) to avoid a benefit limitation which would
otherwise be imposed under such paragraph for the
preceding plan year. Any contribution which may be
taken into account in satisfying the requirements of
more than 1 of such paragraphs shall be taken into
account only once for purposes of this clause.
‘‘(C) DECREASES.—The prefunding balance of a plan
shall be decreased (but not below zero) by the sum of—
‘‘(i) as of the first day of each plan year after
2008, the amount of such balance credited under paragraph (2) (if any) in reducing the minimum required
contribution of the plan for the preceding plan year,
and
‘‘(ii) as of the time specified in paragraph (5)(A),
any reduction in such balance elected under paragraph
(5).
‘‘(7) FUNDING STANDARD CARRYOVER BALANCE.—
‘‘(A) IN GENERAL.—A funding standard carryover balance maintained by a plan shall consist of a beginning
balance determined under subparagraph (B), decreased to
the extent provided in subparagraph (C), and adjusted
further as provided in paragraph (8).
‘‘(B) BEGINNING BALANCE.—The beginning balance of
the funding standard carryover balance shall be the positive balance described in paragraph (1)(B)(ii)(II).
‘‘(C) DECREASES.—The funding standard carryover balance of a plan shall be decreased (but not below zero)
by—
‘‘(i) as of the first day of each plan year after
2008, the amount of such balance credited under paragraph (2) (if any) in reducing the minimum required
contribution of the plan for the preceding plan year,
and
‘‘(ii) as of the time specified in paragraph (5)(A),
any reduction in such balance elected under paragraph
(5).

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00054

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 833

‘‘(8) ADJUSTMENTS FOR INVESTMENT EXPERIENCE.—In determining the prefunding balance or the funding standard carryover balance of a plan as of the first day of the plan year,
the plan sponsor shall, in accordance with regulations prescribed by the Secretary of the Treasury, adjust such balance
to reflect the rate of return on plan assets for the preceding
plan year. Notwithstanding subsection (g)(3), such rate of
return shall be determined on the basis of fair market value
and shall properly take into account, in accordance with such
regulations, all contributions, distributions, and other plan payments made during such period.
‘‘(9) ELECTIONS.—Elections under this subsection shall be
made at such times, and in such form and manner, as shall
be prescribed in regulations of the Secretary.
‘‘(g) VALUATION OF PLAN ASSETS AND LIABILITIES.—
‘‘(1) TIMING OF DETERMINATIONS.—Except as otherwise provided under this subsection, all determinations under this section for a plan year shall be made as of the valuation date
of the plan for such plan year.
‘‘(2) VALUATION DATE.—For purposes of this section—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the valuation date of a plan for any plan year shall
be the first day of the plan year.
‘‘(B) EXCEPTION FOR SMALL PLANS.—If, on each day
during the preceding plan year, a plan had 100 or fewer
participants, the plan may designate any day during the
plan year as its valuation date for such plan year and
succeeding plan years. For purposes of this subparagraph,
all defined benefit plans (other than multiemployer plans)
maintained by the same employer (or any member of such
employer’s controlled group) shall be treated as 1 plan,
but only participants with respect to such employer or
member shall be taken into account.
‘‘(C) APPLICATION OF CERTAIN RULES IN DETERMINATION
OF PLAN SIZE.—For purposes of this paragraph—
‘‘(i) PLANS NOT IN EXISTENCE IN PRECEDING YEAR.—
In the case of the first plan year of any plan, subparagraph (B) shall apply to such plan by taking into
account the number of participants that the plan is
reasonably expected to have on days during such first
plan year.
‘‘(ii) PREDECESSORS.—Any reference in subparagraph (B) to an employer shall include a reference
to any predecessor of such employer.
‘‘(3) DETERMINATION OF VALUE OF PLAN ASSETS.—For purposes of this section—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the value of plan assets shall be the fair market
value of the assets.
‘‘(B) AVERAGING ALLOWED.—A plan may determine the
value of plan assets on the basis of the averaging of fair
market values, but only if such method—
‘‘(i) is permitted under regulations prescribed by
the Secretary,
‘‘(ii) does not provide for averaging of such values
over more than the period beginning on the last day
of the 25th month preceding the month in which the

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00055

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Regulations.

Deadline.

APPS06

PsN: PUBL280

120 STAT. 834

PUBLIC LAW 109–280—AUG. 17, 2006
valuation date occurs and ending on the valuation
date (or a similar period in the case of a valuation
date which is not the 1st day of a month), and
‘‘(iii) does not result in a determination of the
value of plan assets which, at any time, is lower than
90 percent or greater than 110 percent of the fair
market value of such assets at such time.
Any such averaging shall be adjusted for contributions
and distributions (as provided by the Secretary).
‘‘(4) ACCOUNTING FOR CONTRIBUTION RECEIPTS.—For purposes of determining the value of assets under paragraph (3)—
‘‘(A) PRIOR YEAR CONTRIBUTIONS.—If—
‘‘(i) an employer makes any contribution to the
plan after the valuation date for the plan year in
which the contribution is made, and
‘‘(ii) the contribution is for a preceding plan year,
the contribution shall be taken into account as an asset
of the plan as of the valuation date, except that in the
case of any plan year beginning after 2008, only the present
value (determined as of the valuation date) of such contribution may be taken into account. For purposes of the
preceding sentence, present value shall be determined
using the effective interest rate for the preceding plan
year to which the contribution is properly allocable.
‘‘(B) SPECIAL RULE FOR CURRENT YEAR CONTRIBUTIONS
MADE BEFORE VALUATION DATE.—If any contributions for
any plan year are made to or under the plan during the
plan year but before the valuation date for the plan year,
the assets of the plan as of the valuation date shall not
include—
‘‘(i) such contributions, and
‘‘(ii) interest on such contributions for the period
between the date of the contributions and the valuation
date, determined by using the effective interest rate
for the plan year.
‘‘(h) ACTUARIAL ASSUMPTIONS AND METHODS.—
‘‘(1) IN GENERAL.—Subject to this subsection, the determination of any present value or other computation under
this section shall be made on the basis of actuarial assumptions
and methods—
‘‘(A) each of which is reasonable (taking into account
the experience of the plan and reasonable expectations),
and
‘‘(B) which, in combination, offer the actuary’s best
estimate of anticipated experience under the plan.
‘‘(2) INTEREST RATES.—
‘‘(A) EFFECTIVE INTEREST RATE.—For purposes of this
section, the term ‘effective interest rate’ means, with
respect to any plan for any plan year, the single rate
of interest which, if used to determine the present value
of the plan’s accrued or earned benefits referred to in
subsection (d)(1), would result in an amount equal to the
funding target of the plan for such plan year.
‘‘(B) INTEREST RATES FOR DETERMINING FUNDING TARGET.—For purposes of determining the funding target of

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00056

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 835

a plan for any plan year, the interest rate used in determining the present value of the liabilities of the plan shall
be—
‘‘(i) in the case of benefits reasonably determined
to be payable during the 5-year period beginning on
the first day of the plan year, the first segment rate
with respect to the applicable month,
‘‘(ii) in the case of benefits reasonably determined
to be payable during the 15-year period beginning at
the end of the period described in clause (i), the second
segment rate with respect to the applicable month,
and
‘‘(iii) in the case of benefits reasonably determined
to be payable after the period described in clause (ii),
the third segment rate with respect to the applicable
month.
‘‘(C) SEGMENT RATES.—For purposes of this paragraph—
‘‘(i) FIRST SEGMENT RATE.—The term ‘first segment
rate’ means, with respect to any month, the single
rate of interest which shall be determined by the Secretary for such month on the basis of the corporate
bond yield curve for such month, taking into account
only that portion of such yield curve which is based
on bonds maturing during the 5-year period commencing with such month.
‘‘(ii) SECOND SEGMENT RATE.—The term ‘second
segment rate’ means, with respect to any month, the
single rate of interest which shall be determined by
the Secretary for such month on the basis of the corporate bond yield curve for such month, taking into
account only that portion of such yield curve which
is based on bonds maturing during the 15-year period
beginning at the end of the period described in clause
(i).
‘‘(iii) THIRD SEGMENT RATE.—The term ‘third segment rate’ means, with respect to any month, the
single rate of interest which shall be determined by
the Secretary for such month on the basis of the corporate bond yield curve for such month, taking into
account only that portion of such yield curve which
is based on bonds maturing during periods beginning
after the period described in clause (ii).
‘‘(D) CORPORATE BOND YIELD CURVE.—For purposes of
this paragraph—
‘‘(i) IN GENERAL.—The term ‘corporate bond yield
curve’ means, with respect to any month, a yield curve
which is prescribed by the Secretary for such month
and which reflects the average, for the 24-month period
ending with the month preceding such month, of
monthly yields on investment grade corporate bonds
with varying maturities and that are in the top 3
quality levels available.
‘‘(ii) ELECTION TO USE YIELD CURVE.—Solely for
purposes of determining the minimum required contribution under this section, the plan sponsor may,

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00057

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 836

in lieu of the segment rates determined under subparagraph (C), elect to use interest rates under the corporate bond yield curve. For purposes of the preceding
sentence such curve shall be determined without
regard to the 24-month averaging described in clause
(i). Such election, once made, may be revoked only
with the consent of the Secretary.
‘‘(E) APPLICABLE MONTH.—For purposes of this paragraph, the term ‘applicable month’ means, with respect
to any plan for any plan year, the month which includes
the valuation date of such plan for such plan year or,
at the election of the plan sponsor, any of the 4 months
which precede such month. Any election made under this
subparagraph shall apply to the plan year for which the
election is made and all succeeding plan years, unless
the election is revoked with the consent of the Secretary.
‘‘(F) PUBLICATION REQUIREMENTS.—The Secretary shall
publish for each month the corporate bond yield curve
(and the corporate bond yield curve reflecting the modification described in section 417(e)(3)(D)(i)) for such month
and each of the rates determined under subparagraph (B)
for such month. The Secretary shall also publish a description of the methodology used to determine such yield curve
and such rates which is sufficiently detailed to enable
plans to make reasonable projections regarding the yield
curve and such rates for future months based on the plan’s
projection of future interest rates.
‘‘(G) TRANSITION RULE.—
‘‘(i) IN GENERAL.—Notwithstanding the preceding
provisions of this paragraph, for plan years beginning
in 2008 or 2009, the first, second, or third segment
rate for a plan with respect to any month shall be
equal to the sum of—
‘‘(I) the product of such rate for such month
determined without regard to this subparagraph,
multiplied by the applicable percentage, and
‘‘(II) the product of the rate determined under
the rules of section 412(b)(5)(B)(ii)(II) (as in effect
for plan years beginning in 2007), multiplied by
a percentage equal to 100 percent minus the
applicable percentage.
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
clause (i), the applicable percentage is 331⁄3 percent
for plan years beginning in 2008 and 662⁄3 percent
for plan years beginning in 2009.
‘‘(iii) NEW PLANS INELIGIBLE.—Clause (i) shall not
apply to any plan if the first plan year of the plan
begins after December 31, 2007.
‘‘(iv) ELECTION.—The plan sponsor may elect not
to have this subparagraph apply. Such election, once
made, may be revoked only with the consent of the
Secretary.
‘‘(3) MORTALITY TABLES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C) or (D), the Secretary shall by regulation prescribe mortality tables to be used in determining any present value
or making any computation under this section. Such tables

Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00058

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 837

shall be based on the actual experience of pension plans
and projected trends in such experience. In prescribing
such tables, the Secretary shall take into account results
of available independent studies of mortality of individuals
covered by pension plans.
‘‘(B) PERIODIC REVISION.—The Secretary shall (at least
every 10 years) make revisions in any table in effect under
subparagraph (A) to reflect the actual experience of pension
plans and projected trends in such experience.
‘‘(C) SUBSTITUTE MORTALITY TABLE.—
‘‘(i) IN GENERAL.—Upon request by the plan
sponsor and approval by the Secretary, a mortality
table which meets the requirements of clause (iii) shall
be used in determining any present value or making
any computation under this section during the period
of consecutive plan years (not to exceed 10) specified
in the request.
‘‘(ii) EARLY TERMINATION OF PERIOD.—Notwithstanding clause (i), a mortality table described in clause
(i) shall cease to be in effect as of the earliest of—
‘‘(I) the date on which there is a significant
change in the participants in the plan by reason
of a plan spinoff or merger or otherwise, or
‘‘(II) the date on which the plan actuary determines that such table does not meet the requirements of clause (iii).
‘‘(iii) REQUIREMENTS.—A mortality table meets the
requirements of this clause if—
‘‘(I) there is a sufficient number of plan participants, and the pension plans have been maintained for a sufficient period of time, to have credible information necessary for purposes of subclause (II), and
‘‘(II) such table reflects the actual experience
of the pension plans maintained by the sponsor
and projected trends in general mortality experience.
‘‘(iv) ALL PLANS IN CONTROLLED GROUP MUST USE
SEPARATE TABLE.—Except as provided by the Secretary,
a plan sponsor may not use a mortality table under
this subparagraph for any plan maintained by the
plan sponsor unless—
‘‘(I) a separate mortality table is established
and used under this subparagraph for each other
plan maintained by the plan sponsor and if the
plan sponsor is a member of a controlled group,
each member of the controlled group, and
‘‘(II) the requirements of clause (iii) are met
separately with respect to the table so established
for each such plan, determined by only taking
into account the participants of such plan, the
time such plan has been in existence, and the
actual experience of such plan.
‘‘(v) DEADLINE FOR SUBMISSION AND DISPOSITION
OF APPLICATION.—
‘‘(I) SUBMISSION.—The plan sponsor shall
submit a mortality table to the Secretary for

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00059

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 838

approval under this subparagraph at least 7
months before the 1st day of the period described
in clause (i).
‘‘(II) DISPOSITION.—Any mortality table submitted to the Secretary for approval under this
subparagraph shall be treated as in effect as of
the 1st day of the period described in clause (i)
unless the Secretary, during the 180-day period
beginning on the date of such submission, disapproves of such table and provides the reasons
that such table fails to meet the requirements
of clause (iii). The 180-day period shall be extended
upon mutual agreement of the Secretary and the
plan sponsor.
‘‘(D) SEPARATE MORTALITY TABLES FOR THE DISABLED.—
Notwithstanding subparagraph (A)—
‘‘(i) IN GENERAL.—The Secretary shall establish
mortality tables which may be used (in lieu of the
tables under subparagraph (A)) under this subsection
for individuals who are entitled to benefits under the
plan on account of disability. The Secretary shall establish separate tables for individuals whose disabilities
occur in plan years beginning before January 1, 1995,
and for individuals whose disabilities occur in plan
years beginning on or after such date.
‘‘(ii) SPECIAL RULE FOR DISABILITIES OCCURRING
AFTER 1994.—In the case of disabilities occurring in
plan years beginning after December 31, 1994, the
tables under clause (i) shall apply only with respect
to individuals described in such subclause who are
disabled within the meaning of title II of the Social
Security Act and the regulations thereunder.
‘‘(iii) PERIODIC REVISION.—The Secretary shall (at
least every 10 years) make revisions in any table in
effect under clause (i) to reflect the actual experience
of pension plans and projected trends in such experience.
‘‘(4) PROBABILITY OF BENEFIT PAYMENTS IN THE FORM OF
LUMP SUMS OR OTHER OPTIONAL FORMS.—For purposes of determining any present value or making any computation under
this section, there shall be taken into account—
‘‘(A) the probability that future benefit payments under
the plan will be made in the form of optional forms of
benefits provided under the plan (including lump sum distributions, determined on the basis of the plan’s experience
and other related assumptions), and
‘‘(B) any difference in the present value of such future
benefit payments resulting from the use of actuarial
assumptions, in determining benefit payments in any such
optional form of benefits, which are different from those
specified in this subsection.
‘‘(5) APPROVAL OF LARGE CHANGES IN ACTUARIAL ASSUMPTIONS.—
‘‘(A) IN GENERAL.—No actuarial assumption used to
determine the funding target for a plan to which this
paragraph applies may be changed without the approval
of the Secretary.

Extension.

Applicability.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00060

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 839

‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.—This paragraph shall apply to a plan only if—
‘‘(i) the plan is a defined benefit plan (other than
a multiemployer plan) to which title IV of the Employee
Retirement Income Security Act of 1974 applies,
‘‘(ii) the aggregate unfunded vested benefits as of
the close of the preceding plan year (as determined
under section 4006(a)(3)(E)(iii) of the Employee Retirement Income Security Act of 1974) of such plan and
all other plans maintained by the contributing sponsors
(as defined in section 4001(a)(13) of such Act) and
members of such sponsors’ controlled groups (as
defined in section 4001(a)(14) of such Act) which are
covered by title IV (disregarding plans with no
unfunded vested benefits) exceed $50,000,000, and
‘‘(iii) the change in assumptions (determined after
taking into account any changes in interest rate and
mortality table) results in a decrease in the funding
shortfall of the plan for the current plan year that
exceeds $50,000,000, or that exceeds $5,000,000 and
that is 5 percent or more of the funding target of
the plan before such change.
‘‘(i) SPECIAL RULES FOR AT-RISK PLANS.—
‘‘(1) FUNDING TARGET FOR PLANS IN AT-RISK STATUS.—
‘‘(A) IN GENERAL.—In the case of a plan which is in
at-risk status for a plan year, the funding target of the
plan for the plan year shall be equal to the sum of—
‘‘(i) the present value of all benefits accrued or
earned under the plan as of the beginning of the plan
year, as determined by using the additional actuarial
assumptions described in subparagraph (B), and
‘‘(ii) in the case of a plan which also has been
in at-risk status for at least 2 of the 4 preceding
plan years, a loading factor determined under subparagraph (C).
‘‘(B) ADDITIONAL ACTUARIAL ASSUMPTIONS.—The actuarial assumptions described in this subparagraph are as
follows:
‘‘(i) All employees who are not otherwise assumed
to retire as of the valuation date but who will be
eligible to elect benefits during the plan year and the
10 succeeding plan years shall be assumed to retire
at the earliest retirement date under the plan but
not before the end of the plan year for which the
at-risk funding target and at-risk target normal cost
are being determined.
‘‘(ii) All employees shall be assumed to elect the
retirement benefit available under the plan at the
assumed retirement age (determined after application
of clause (i)) which would result in the highest present
value of benefits.
‘‘(C) LOADING FACTOR.—The loading factor applied with
respect to a plan under this paragraph for any plan year
is the sum of—
‘‘(i) $700, times the number of participants in the
plan, plus

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00061

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 840

‘‘(ii) 4 percent of the funding target (determined
without regard to this paragraph) of the plan for the
plan year.
‘‘(2) TARGET NORMAL COST OF AT-RISK PLANS.—In the case
of a plan which is in at-risk status for a plan year, the target
normal cost of the plan for such plan year shall be equal
to the sum of—
‘‘(A) the present value of all benefits which are expected
to accrue or be earned under the plan during the plan
year, determined using the additional actuarial assumptions described in paragraph (1)(B), plus
‘‘(B) in the case of a plan which also has been in
at-risk status for at least 2 of the 4 preceding plan years,
a loading factor equal to 4 percent of the target normal
cost (determined without regard to this paragraph) of the
plan for the plan year.
‘‘(3) MINIMUM AMOUNT.—In no event shall—
‘‘(A) the at-risk funding target be less than the funding
target, as determined without regard to this subsection,
or
‘‘(B) the at-risk target normal cost be less than the
target normal cost, as determined without regard to this
subsection.
‘‘(4) DETERMINATION OF AT-RISK STATUS.—For purposes of
this subsection—
‘‘(A) IN GENERAL.—A plan is in at-risk status for a
plan year if—
‘‘(i) the funding target attainment percentage for
the preceding plan year (determined under this section
without regard to this subsection) is less than 80 percent, and
‘‘(ii) the funding target attainment percentage for
the preceding plan year (determined under this section
by using the additional actuarial assumptions
described in paragraph (1)(B) in computing the funding
target) is less than 70 percent.
‘‘(B) TRANSITION RULE.—In the case of plan years beginning in 2008, 2009, and 2010, subparagraph (A)(i) shall
be applied by substituting the following percentages for
‘80 percent’:
‘‘(i) 65 percent in the case of 2008.
‘‘(ii) 70 percent in the case of 2009.
‘‘(iii) 75 percent in the case of 2010.
In the case of plan years beginning in 2008, the funding
target attainment percentage for the preceding plan year
under subparagraph (A)(ii) may be determined using such
methods of estimation as the Secretary may provide.
‘‘(C) SPECIAL RULE FOR EMPLOYEES OFFERED EARLY
RETIREMENT IN 2006.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(A)(ii), the additional actuarial assumptions described
in paragraph (1)(B) shall not be taken into account
with respect to any employee if—
‘‘(I) such employee is employed by a specified
automobile manufacturer,

Applicability.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00062

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 841

‘‘(II) such employee is offered a substantial
amount of additional cash compensation, substantially enhanced retirement benefits under the plan,
or materially reduced employment duties on the
condition that by a specified date (not later than
December 31, 2010) the employee retires (as
defined under the terms of the plan),
‘‘(III) such offer is made during 2006 and
pursuant to a bona fide retirement incentive program and requires, by the terms of the offer, that
such offer can be accepted not later than a specified
date (not later than December 31, 2006), and
‘‘(IV) such employee does not elect to accept
such offer before the specified date on which the
offer expires.
‘‘(ii) SPECIFIED AUTOMOBILE MANUFACTURER.—For
purposes of clause (i), the term ‘specified automobile
manufacturer’ means—
‘‘(I) any manufacturer of automobiles, and
‘‘(II) any manufacturer of automobile parts
which supplies such parts directly to a manufacturer of automobiles and which, after a transaction
or series of transactions ending in 1999, ceased
to be a member of a controlled group which
included such manufacturer of automobiles.
‘‘(5) TRANSITION BETWEEN APPLICABLE FUNDING TARGETS
AND BETWEEN APPLICABLE TARGET NORMAL COSTS.—
‘‘(A) IN GENERAL.—In any case in which a plan which
is in at-risk status for a plan year has been in such status
for a consecutive period of fewer than 5 plan years, the
applicable amount of the funding target and of the target
normal cost shall be, in lieu of the amount determined
without regard to this paragraph, the sum of—
‘‘(i) the amount determined under this section
without regard to this subsection, plus
‘‘(ii) the transition percentage for such plan year
of the excess of the amount determined under this
subsection (without regard to this paragraph) over the
amount determined under this section without regard
to this subsection.
‘‘(B) TRANSITION PERCENTAGE.—For purposes of
subparagraph (A), the transition percentage shall be determined in accordance with the following table:

Deadline.

Deadline.

‘‘If the consecutive number of
years (including the plan year)

The
transition
the plan is in at-risk status is—
percentage
is—
1 ..............................................................................................
20
2 ..............................................................................................
40
3 ..............................................................................................
60
4 ..............................................................................................
80.

‘‘(C) YEARS BEFORE EFFECTIVE DATE.—For purposes of
this paragraph, plan years beginning before 2008 shall
not be taken into account.
‘‘(6) SMALL PLAN EXCEPTION.—If, on each day during the
preceding plan year, a plan had 500 or fewer participants,
the plan shall not be treated as in at-risk status for the plan

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00063

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 842

year. For purposes of this paragraph, all defined benefit plans
(other than multiemployer plans) maintained by the same
employer (or any member of such employer’s controlled group)
shall be treated as 1 plan, but only participants with respect
to such employer or member shall be taken into account and
the rules of subsection (g)(2)(C) shall apply.
‘‘(j) PAYMENT OF MINIMUM REQUIRED CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—For purposes of this section, the due
date for any payment of any minimum required contribution
for any plan year shall be 81⁄2 months after the close of the
plan year.
‘‘(2) INTEREST.—Any payment required under paragraph
(1) for a plan year that is made on a date other than the
valuation date for such plan year shall be adjusted for interest
accruing for the period between the valuation date and the
payment date, at the effective rate of interest for the plan
for such plan year.
‘‘(3) ACCELERATED QUARTERLY CONTRIBUTION SCHEDULE FOR
UNDERFUNDED PLANS.—
‘‘(A) FAILURE TO TIMELY MAKE REQUIRED INSTALLMENT.—In any case in which the plan has a funding shortfall for the preceding plan year, the employer maintaining
the plan shall make the required installments under this
paragraph and if the employer fails to pay the full amount
of a required installment for the plan year, then the amount
of interest charged under paragraph (2) on the underpayment for the period of underpayment shall be determined by using a rate of interest equal to the rate otherwise
used under paragraph (2) plus 5 percentage points.
‘‘(B) AMOUNT OF UNDERPAYMENT, PERIOD OF UNDERPAYMENT.—For purposes of subparagraph (A)—
‘‘(i) AMOUNT.—The amount of the underpayment
shall be the excess of—
‘‘(I) the required installment, over
‘‘(II) the amount (if any) of the installment
contributed to or under the plan on or before the
due date for the installment.
‘‘(ii) PERIOD OF UNDERPAYMENT.—The period for
which any interest is charged under this paragraph
with respect to any portion of the underpayment shall
run from the due date for the installment to the date
on which such portion is contributed to or under the
plan.
‘‘(iii) ORDER OF CREDITING CONTRIBUTIONS.—For
purposes of clause (i)(II), contributions shall be credited
against unpaid required installments in the order in
which such installments are required to be paid.
‘‘(C) NUMBER OF REQUIRED INSTALLMENTS; DUE
DATES.—For purposes of this paragraph—
‘‘(i) PAYABLE IN 4 INSTALLMENTS.—There shall be
4 required installments for each plan year.
‘‘(ii) TIME FOR PAYMENT OF INSTALLMENTS.—The
due dates for required installments are set forth in
the following table:

Applicability.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00064

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘In the case of the following
required installment:
1st .....................................................................
2nd ....................................................................
3rd ....................................................................
4th ....................................................................

120 STAT. 843

The due date is:
April 15
July 15
October 15
January 15 of the
following year.

‘‘(D) AMOUNT OF REQUIRED INSTALLMENT.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The amount of any required
installment shall be 25 percent of the required annual
payment.
‘‘(ii) REQUIRED ANNUAL PAYMENT.—For purposes
of clause (i), the term ‘required annual payment’ means
the lesser of—
‘‘(I) 90 percent of the minimum required contribution (determined without regard to this subsection) to the plan for the plan year under this
section, or
‘‘(II) 100 percent of the minimum required contribution (determined without regard to this subsection or to any waiver under section 302(c)) to
the plan for the preceding plan year.
Subclause (II) shall not apply if the preceding plan
year referred to in such clause was not a year of
12 months.
‘‘(E) FISCAL YEARS AND SHORT YEARS.—
‘‘(i) FISCAL YEARS.—In applying this paragraph to
a plan year beginning on any date other than January
1, there shall be substituted for the months specified
in this paragraph, the months which correspond
thereto.
‘‘(ii) SHORT PLAN YEAR.—This subparagraph shall
be applied to plan years of less than 12 months in
accordance with regulations prescribed by the Secretary.
‘‘(4) LIQUIDITY REQUIREMENT IN CONNECTION WITH QUARTERLY CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—A plan to which this paragraph
applies shall be treated as failing to pay the full amount
of any required installment under paragraph (3) to the
extent that the value of the liquid assets paid in such
installment is less than the liquidity shortfall (whether
or not such liquidity shortfall exceeds the amount of such
installment required to be paid but for this paragraph).
‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.—This paragraph shall apply to a plan (other than a plan described
in subsection (g)(2)(B)) which—
‘‘(i) is required to pay installments under paragraph (3) for a plan year, and
‘‘(ii) has a liquidity shortfall for any quarter during
such plan year.
‘‘(C) PERIOD OF UNDERPAYMENT.—For purposes of paragraph (3)(A), any portion of an installment that is treated
as not paid under subparagraph (A) shall continue to be

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00065

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 844

treated as unpaid until the close of the quarter in which
the due date for such installment occurs.
‘‘(D) LIMITATION ON INCREASE.—If the amount of any
required installment is increased by reason of subparagraph (A), in no event shall such increase exceed the
amount which, when added to prior installments for the
plan year, is necessary to increase the funding target
attainment percentage of the plan for the plan year (taking
into account the expected increase in funding target due
to benefits accruing or earned during the plan year) to
100 percent.
‘‘(E) DEFINITIONS.—For purposes of this paragraph—
‘‘(i) LIQUIDITY SHORTFALL.—The term ‘liquidity
shortfall’ means, with respect to any required installment, an amount equal to the excess (as of the last
day of the quarter for which such installment is made)
of—
‘‘(I) the base amount with respect to such
quarter, over
‘‘(II) the value (as of such last day) of the
plan’s liquid assets.
‘‘(ii) BASE AMOUNT.—
‘‘(I) IN GENERAL.—The term ‘base amount’
means, with respect to any quarter, an amount
equal to 3 times the sum of the adjusted disbursements from the plan for the 12 months ending
on the last day of such quarter.
‘‘(II) SPECIAL RULE.—If the amount determined
under subclause (I) exceeds an amount equal to
2 times the sum of the adjusted disbursements
from the plan for the 36 months ending on the
last day of the quarter and an enrolled actuary
certifies to the satisfaction of the Secretary that
such excess is the result of nonrecurring circumstances, the base amount with respect to such
quarter shall be determined without regard to
amounts related to those nonrecurring circumstances.
‘‘(iii) DISBURSEMENTS FROM THE PLAN.—The term
‘disbursements from the plan’ means all disbursements
from the trust, including purchases of annuities, payments of single sums and other benefits, and administrative expenses.
‘‘(iv)
ADJUSTED
DISBURSEMENTS.—The
term
‘adjusted disbursements’ means disbursements from
the plan reduced by the product of—
‘‘(I) the plan’s funding target attainment
percentage for the plan year, and
‘‘(II) the sum of the purchases of annuities,
payments of single sums, and such other disbursements as the Secretary shall provide in regulations.
‘‘(v) LIQUID ASSETS.—The term ‘liquid assets’
means cash, marketable securities, and such other
assets as specified by the Secretary in regulations.
‘‘(vi) QUARTER.—The term ‘quarter’ means, with
respect to any required installment, the 3-month period

Regulations.

Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00066

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 845

preceding the month in which the due date for such
installment occurs.
‘‘(F) REGULATIONS.—The Secretary may prescribe such
regulations as are necessary to carry out this paragraph.
‘‘(k) IMPOSITION OF LIEN WHERE FAILURE TO MAKE REQUIRED
CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—In the case of a plan to which this
subsection applies, if—
‘‘(A) any person fails to make a contribution payment
required by section 412 and this section before the due
date for such payment, and
‘‘(B) the unpaid balance of such payment (including
interest), when added to the aggregate unpaid balance
of all preceding such payments for which payment was
not made before the due date (including interest), exceeds
$1,000,000,
then there shall be a lien in favor of the plan in the amount
determined under paragraph (3) upon all property and rights
to property, whether real or personal, belonging to such person
and any other person who is a member of the same controlled
group of which such person is a member.
‘‘(2) PLANS TO WHICH SUBSECTION APPLIES.—This subsection
shall apply to a defined benefit plan (other than a multiemployer plan) covered under section 4021 of the Employee Retirement Income Security Act of 1974 for any plan year for which
the funding target attainment percentage (as defined in subsection (d)(2)) of such plan is less than 100 percent.
‘‘(3) AMOUNT OF LIEN.—For purposes of paragraph (1), the
amount of the lien shall be equal to the aggregate unpaid
balance of contribution payments required under this section
and section 412 for which payment has not been made before
the due date.
‘‘(4) NOTICE OF FAILURE; LIEN.—
‘‘(A) NOTICE OF FAILURE.—A person committing a
failure described in paragraph (1) shall notify the Pension
Benefit Guaranty Corporation of such failure within 10
days of the due date for the required contribution payment.
‘‘(B) PERIOD OF LIEN.—The lien imposed by paragraph
(1) shall arise on the due date for the required contribution
payment and shall continue until the last day of the first
plan year in which the plan ceases to be described in
paragraph (1)(B). Such lien shall continue to run without
regard to whether such plan continues to be described
in paragraph (2) during the period referred to in the preceding sentence.
‘‘(C) CERTAIN RULES TO APPLY.—Any amount with
respect to which a lien is imposed under paragraph (1)
shall be treated as taxes due and owing the United States
and rules similar to the rules of subsections (c), (d), and
(e) of section 4068 of the Employee Retirement Income
Security Act of 1974 shall apply with respect to a lien
imposed by subsection (a) and the amount with respect
to such lien.
‘‘(5) ENFORCEMENT.—Any lien created under paragraph (1)
may be perfected and enforced only by the Pension Benefit
Guaranty Corporation, or at the direction of the Pension Benefit

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00067

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

APPS06

PsN: PUBL280

120 STAT. 846

26 USC 430 note.

PUBLIC LAW 109–280—AUG. 17, 2006

Guaranty Corporation, by the contributing sponsor (or any
member of the controlled group of the contributing sponsor).
‘‘(6) DEFINITIONS.—For purposes of this subsection—
‘‘(A) CONTRIBUTION PAYMENT.—The term ‘contribution
payment’ means, in connection with a plan, a contribution
payment required to be made to the plan, including any
required installment under paragraphs (3) and (4) of subsection (j).
‘‘(B) DUE DATE; REQUIRED INSTALLMENT.—The terms
‘due date’ and ‘required installment’ have the meanings
given such terms by subsection (j), except that in the case
of a payment other than a required installment, the due
date shall be the date such payment is required to be
made under section 430.
‘‘(C) CONTROLLED GROUP.—The term ‘controlled group’
means any group treated as a single employer under subsections (b), (c), (m), and (o) of section 414.
‘‘(l) QUALIFIED TRANSFERS TO HEALTH BENEFIT ACCOUNTS.—
In the case of a qualified transfer (as defined in section 420),
any assets so transferred shall not, for purposes of this section,
be treated as assets in the plan.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after December
31, 2007.
SEC. 113. BENEFIT LIMITATIONS UNDER SINGLE-EMPLOYER PLANS.

26 USC prec.
430.

(a) PROHIBITION OF SHUTDOWN BENEFITS AND OTHER
UNPREDICTABLE CONTINGENT EVENT BENEFITS UNDER SINGLEEMPLOYER PLANS.—
(1) IN GENERAL.—Part III of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to deferred
compensation, etc.) is amended—
(A) by striking the heading and inserting the following:

‘‘PART III—RULES RELATING TO MINIMUM
FUNDING STANDARDS AND BENEFIT LIMITATIONS
‘‘SUBPART A.
‘‘SUBPART B.

MINIMUM FUNDING STANDARDS FOR PENSION PLANS.

BENEFIT LIMITATIONS UNDER SINGLE-EMPLOYER PLANS.

‘‘Subpart A—Minimum Funding Standards for
Pension Plans
‘‘Sec. 430. Minimum funding standards for single-employer defined benefit pension
plans.’’,

and
(B) by adding at the end the following new subpart:

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00068

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 847

‘‘Subpart B—Benefit Limitations Under SingleEmployer Plans
‘‘Sec. 436. Funding-based limitation on shutdown benefits and other unpredictable
contingent event benefits under single-employer plans.
‘‘SEC. 436. FUNDING-BASED LIMITS ON BENEFITS AND BENEFIT
ACCRUALS UNDER SINGLE-EMPLOYER PLANS.

‘‘(a) GENERAL RULE.—For purposes of section 401(a)(29), a
defined benefit plan which is a single-employer plan shall be treated
as meeting the requirements of this section if the plan meets
the requirements of subsections (b), (c), (d), and (e).
‘‘(b) FUNDING-BASED LIMITATION ON SHUTDOWN BENEFITS AND
OTHER UNPREDICTABLE CONTINGENT EVENT BENEFITS UNDER
SINGLE-EMPLOYER PLANS.—
‘‘(1) IN GENERAL.—If a participant of a defined benefit
plan which is a single-employer plan is entitled to an unpredictable contingent event benefit payable with respect to any event
occurring during any plan year, the plan shall provide that
such benefit may not be provided if the adjusted funding target
attainment percentage for such plan year—
‘‘(A) is less than 60 percent, or
‘‘(B) would be less than 60 percent taking into account
such occurrence.
‘‘(2) EXEMPTION.—Paragraph (1) shall cease to apply with
respect to any plan year, effective as of the first day of the
plan year, upon payment by the plan sponsor of a contribution
(in addition to any minimum required contribution under section 303) equal to—
‘‘(A) in the case of paragraph (1)(A), the amount of
the increase in the funding target of the plan (under section
430) for the plan year attributable to the occurrence
referred to in paragraph (1), and
‘‘(B) in the case of paragraph (1)(B), the amount sufficient to result in a funding target attainment percentage
of 60 percent.
‘‘(3) UNPREDICTABLE CONTINGENT EVENT.—For purposes of
this subsection, the term ‘unpredictable contingent event benefit’ means any benefit payable solely by reason of—
‘‘(A) a plant shutdown (or similar event, as determined
by the Secretary), or
‘‘(B) any event other than the attainment of any age,
performance of any service, receipt or derivation of any
compensation, or occurrence of death or disability.
‘‘(c) LIMITATIONS ON PLAN AMENDMENTS INCREASING LIABILITY
FOR BENEFITS.—
‘‘(1) IN GENERAL.—No amendment to a defined benefit plan
which is a single-employer plan which has the effect of
increasing liabilities of the plan by reason of increases in benefits, establishment of new benefits, changing the rate of benefit
accrual, or changing the rate at which benefits become nonforfeitable may take effect during any plan year if the adjusted
funding target attainment percentage for such plan year is—
‘‘(A) less than 80 percent, or
‘‘(B) would be less than 80 percent taking into account
such amendment.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00069

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 436.

Effective date.

APPS06

PsN: PUBL280

120 STAT. 848

‘‘(2) EXEMPTION.—Paragraph (1) shall cease to apply with
respect to any plan year, effective as of the first day of the
plan year (or if later, the effective date of the amendment),
upon payment by the plan sponsor of a contribution (in addition
to any minimum required contribution under section 430) equal
to—
‘‘(A) in the case of paragraph (1)(A), the amount of
the increase in the funding target of the plan (under section
430) for the plan year attributable to the amendment,
and
‘‘(B) in the case of paragraph (1)(B), the amount sufficient to result in an adjusted funding target attainment
percentage of 80 percent.
‘‘(3) EXCEPTION FOR CERTAIN BENEFIT INCREASES.—Paragraph (1) shall not apply to any amendment which provides
for an increase in benefits under a formula which is not based
on a participant’s compensation, but only if the rate of such
increase is not in excess of the contemporaneous rate of increase
in average wages of participants covered by the amendment.
‘‘(d) LIMITATIONS ON ACCELERATED BENEFIT DISTRIBUTIONS.—
‘‘(1) FUNDING PERCENTAGE LESS THAN 60 PERCENT.—A
defined benefit plan which is a single-employer plan shall provide that, in any case in which the plan’s adjusted funding
target attainment percentage for a plan year is less than 60
percent, the plan may not pay any prohibited payment after
the valuation date for the plan year.
‘‘(2) BANKRUPTCY.—A defined benefit plan which is a singleemployer plan shall provide that, during any period in which
the plan sponsor is a debtor in a case under title 11, United
States Code, or similar Federal or State law, the plan may
not pay any prohibited payment. The preceding sentence shall
not apply on or after the date on which the enrolled actuary
of the plan certifies that the adjusted funding target attainment
percentage of such plan is not less than 100 percent.
‘‘(3) LIMITED PAYMENT IF PERCENTAGE AT LEAST 60 PERCENT
BUT LESS THAN 80 PERCENT.—
‘‘(A) IN GENERAL.—A defined benefit plan which is a
single-employer plan shall provide that, in any case in
which the plan’s adjusted funding target attainment
percentage for a plan year is 60 percent or greater but
less than 80 percent, the plan may not pay any prohibited
payment after the valuation date for the plan year to
the extent the amount of the payment exceeds the lesser
of—
‘‘(i) 50 percent of the amount of the payment which
could be made without regard to this section, or
‘‘(ii) the present value (determined under guidance
prescribed by the Pension Benefit Guaranty Corporation, using the interest and mortality assumptions
under section 417(e)) of the maximum guarantee with
respect to the participant under section 4022 of the
Employee Retirement Income Security Act of 1974.
‘‘(B) ONE-TIME APPLICATION.—
‘‘(i) IN GENERAL.—The plan shall also provide that
only 1 prohibited payment meeting the requirements
of subparagraph (A) may be made with respect to
any participant during any period of consecutive plan

Effective date.

Effective date.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00070

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 849

years to which the limitations under either paragraph
(1) or (2) or this paragraph applies.
‘‘(ii) TREATMENT OF BENEFICIARIES.—For purposes
of this subparagraph, a participant and any beneficiary
on his behalf (including an alternate payee, as defined
in section 414(p)(8)) shall be treated as 1 participant.
If the accrued benefit of a participant is allocated to
such an alternate payee and 1 or more other persons,
the amount under subparagraph (A) shall be allocated
among such persons in the same manner as the accrued
benefit is allocated unless the qualified domestic relations order (as defined in section 414(p)(1)(A)) provides
otherwise.
‘‘(4) EXCEPTION.—This subsection shall not apply to any
plan for any plan year if the terms of such plan (as in effect
for the period beginning on September 1, 2005, and ending
with such plan year) provide for no benefit accruals with respect
to any participant during such period.
‘‘(5) PROHIBITED PAYMENT.—For purpose of this subsection,
the term ‘prohibited payment’ means—
‘‘(A) any payment, in excess of the monthly amount
paid under a single life annuity (plus any social security
supplements described in the last sentence of section
411(a)(9)), to a participant or beneficiary whose annuity
starting date (as defined in section 417(f)(2)) occurs during
any period a limitation under paragraph (1) or (2) is in
effect,
‘‘(B) any payment for the purchase of an irrevocable
commitment from an insurer to pay benefits, and
‘‘(C) any other payment specified by the Secretary by
regulations.
‘‘(e) LIMITATION ON BENEFIT ACCRUALS FOR PLANS WITH SEVERE
FUNDING SHORTFALLS.—
‘‘(1) IN GENERAL.—A defined benefit plan which is a singleemployer plan shall provide that, in any case in which the
plan’s adjusted funding target attainment percentage for a
plan year is less than 60 percent, benefit accruals under the
plan shall cease as of the valuation date for the plan year.
‘‘(2) EXEMPTION.—Paragraph (1) shall cease to apply with
respect to any plan year, effective as of the first day of the
plan year, upon payment by the plan sponsor of a contribution
(in addition to any minimum required contribution under section 430) equal to the amount sufficient to result in an adjusted
funding target attainment percentage of 60 percent.
‘‘(f) RULES RELATING TO CONTRIBUTIONS REQUIRED TO AVOID
BENEFIT LIMITATIONS.—
‘‘(1) SECURITY MAY BE PROVIDED.—
‘‘(A) IN GENERAL.—For purposes of this section, the
adjusted funding target attainment percentage shall be
determined by treating as an asset of the plan any security
provided by a plan sponsor in a form meeting the requirements of subparagraph (B).
‘‘(B) FORM OF SECURITY.—The security required under
subparagraph (A) shall consist of—
‘‘(i) a bond issued by a corporate surety company
that is an acceptable surety for purposes of section

VerDate 14-DEC-2004

14:42 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00071

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Effective dates.

APPS06

PsN: PUBL280

120 STAT. 850

Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

412 of the Employee Retirement Income Security Act
of 1974,
‘‘(ii) cash, or United States obligations which
mature in 3 years or less, held in escrow by a bank
or similar financial institution, or
‘‘(iii) such other form of security as is satisfactory
to the Secretary and the parties involved.
‘‘(C) ENFORCEMENT.—Any security provided under
subparagraph (A) may be perfected and enforced at any
time after the earlier of—
‘‘(i) the date on which the plan terminates,
‘‘(ii) if there is a failure to make a payment of
the minimum required contribution for any plan year
beginning after the security is provided, the due date
for the payment under section 430(j), or
‘‘(iii) if the adjusted funding target attainment
percentage is less than 60 percent for a consecutive
period of 7 years, the valuation date for the last year
in the period.
‘‘(D) RELEASE OF SECURITY.—The security shall be
released (and any amounts thereunder shall be refunded
together with any interest accrued thereon) at such time
as the Secretary may prescribe in regulations, including
regulations for partial releases of the security by reason
of increases in the funding target attainment percentage.
‘‘(2) PREFUNDING BALANCE OR FUNDING STANDARD CARRYOVER BALANCE MAY NOT BE USED.—No prefunding balance
under section 430(f) or funding standard carryover balance
may be used under subsection (b), (c), or (e) to satisfy any
payment an employer may make under any such subsection
to avoid or terminate the application of any limitation under
such subsection.
‘‘(3) DEEMED REDUCTION OF FUNDING BALANCES.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), in any
case in which a benefit limitation under subsection (b),
(c), (d), or (e) would (but for this subparagraph and determined without regard to subsection (b)(2), (c)(2), or (e)(2))
apply to such plan for the plan year, the plan sponsor
of such plan shall be treated for purposes of this title
as having made an election under section 430(f) to reduce
the prefunding balance or funding standard carryover balance by such amount as is necessary for such benefit limitation to not apply to the plan for such plan year.
‘‘(B) EXCEPTION FOR INSUFFICIENT FUNDING BALANCES.—Subparagraph (A) shall not apply with respect
to a benefit limitation for any plan year if the application
of subparagraph (A) would not result in the benefit limitation not applying for such plan year.
‘‘(C) RESTRICTIONS OF CERTAIN RULES TO COLLECTIVELY
BARGAINED PLANS.—With respect to any benefit limitation
under subsection (b), (c), or (e), subparagraph (A) shall
only apply in the case of a plan maintained pursuant
to 1 or more collective bargaining agreements between
employee representatives and 1 or more employers.
‘‘(g) NEW PLANS.—Subsections (b), (c), and (e) shall not apply
to a plan for the first 5 plan years of the plan. For purposes

Jkt 049139

PO 00280

Frm 00072

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 851

of this subsection, the reference in this subsection to a plan shall
include a reference to any predecessor plan.
‘‘(h) PRESUMED UNDERFUNDING FOR PURPOSES OF BENEFIT
LIMITATIONS.—
‘‘(1) PRESUMPTION OF CONTINUED UNDERFUNDING.—In any
case in which a benefit limitation under subsection (b), (c),
(d), or (e) has been applied to a plan with respect to the
plan year preceding the current plan year, the adjusted funding
target attainment percentage of the plan for the current plan
year shall be presumed to be equal to the adjusted funding
target attainment percentage of the plan for the preceding
plan year until the enrolled actuary of the plan certifies the
actual adjusted funding target attainment percentage of the
plan for the current plan year.
‘‘(2) PRESUMPTION OF UNDERFUNDING AFTER 10TH MONTH.—
In any case in which no certification of the adjusted funding
target attainment percentage for the current plan year is made
with respect to the plan before the first day of the 10th month
of such year, for purposes of subsections (b), (c), (d), and (e),
such first day shall be deemed, for purposes of such subsection,
to be the valuation date of the plan for the current plan year
and the plan’s adjusted funding target attainment percentage
shall be conclusively presumed to be less than 60 percent
as of such first day.
‘‘(3) PRESUMPTION OF UNDERFUNDING AFTER 4TH MONTH
FOR NEARLY UNDERFUNDED PLANS.—In any case in which—
‘‘(A) a benefit limitation under subsection (b), (c), (d),
or (e) did not apply to a plan with respect to the plan
year preceding the current plan year, but the adjusted
funding target attainment percentage of the plan for such
preceding plan year was not more than 10 percentage
points greater than the percentage which would have
caused such subsection to apply to the plan with respect
to such preceding plan year, and
‘‘(B) as of the first day of the 4th month of the current
plan year, the enrolled actuary of the plan has not certified
the actual adjusted funding target attainment percentage
of the plan for the current plan year,
until the enrolled actuary so certifies, such first day shall
be deemed, for purposes of such subsection, to be the valuation
date of the plan for the current plan year and the adjusted
funding target attainment percentage of the plan as of such
first day shall, for purposes of such subsection, be presumed
to be equal to 10 percentage points less than the adjusted
funding target attainment percentage of the plan for such preceding plan year.
‘‘(i) TREATMENT OF PLAN AS OF CLOSE OF PROHIBITED OR CESSATION PERIOD.—For purposes of applying this title—
‘‘(1) OPERATION OF PLAN AFTER PERIOD.—Unless the plan
provides otherwise, payments and accruals will resume effective
as of the day following the close of the period for which any
limitation of payment or accrual of benefits under subsection
(d) or (e) applies.
‘‘(2) TREATMENT OF AFFECTED BENEFITS.—Nothing in this
subsection shall be construed as affecting the plan’s treatment
of benefits which would have been paid or accrued but for
this section.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00073

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Certification.

Effective date.

APPS06

PsN: PUBL280

120 STAT. 852

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(j) TERMS RELATING TO FUNDING TARGET ATTAINMENT
PERCENTAGE.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘funding target attainment
percentage’ has the same meaning given such term by section
430(d)(2).
‘‘(2) ADJUSTED FUNDING TARGET ATTAINMENT PERCENTAGE.—The term ‘adjusted funding target attainment percentage’
means the funding target attainment percentage which is determined under paragraph (1) by increasing each of the amounts
under subparagraphs (A) and (B) of section 430(d)(2) by the
aggregate amount of purchases of annuities for employees other
than highly compensated employees (as defined in section
414(q)) which were made by the plan during the preceding
2 plan years.
‘‘(3) APPLICATION TO PLANS WHICH ARE FULLY FUNDED WITHOUT REGARD TO REDUCTIONS FOR FUNDING BALANCES.—
‘‘(A) IN GENERAL.—In the case of a plan for any plan
year, if the funding target attainment percentage is 100
percent or more (determined without regard to this paragraph and without regard to the reduction in the value
of assets under section 430(f)(4)(A)), the funding target
attainment percentage for purposes of paragraph (1) shall
be determined without regard to such reduction.
‘‘(B) TRANSITION RULE.—Subparagraph (A) shall be
applied to plan years beginning after 2007 and before 2011
by substituting for ‘100 percent’ the applicable percentage
determined in accordance with the following table:

Applicability.

‘‘In the case of a plan year

The
applicable
beginning in calendar year:
percentage is
2008 ............................................................................................
92
2009 ............................................................................................
94
2010 ............................................................................................
96.

‘‘(C) LIMITATION.—Subparagraph (B) shall not apply
with respect to any plan year after 2008 unless the funding
target attainment percentage (determined without regard
to this paragraph) of the plan for each preceding plan
year after 2007 was not less than the applicable percentage
with respect to such preceding plan year determined under
subparagraph (B).
‘‘(k) SPECIAL RULE FOR 2008.—For purposes of this section,
in the case of plan years beginning in 2008, the funding target
attainment percentage for the preceding plan year may be determined using such methods of estimation as the Secretary may
provide.’’.
(2) CLERICAL AMENDMENT.—The table of parts for subchapter D of chapter 1 of the Internal Revenue Code of 1986
is amended by adding at the end the following new item:

26 USC
prec. 401.

‘‘PART III—RULES RELATING

26 USC 436 note.

VerDate 14-DEC-2004

06:17 Sep 19, 2006

Jkt 049139

TO

MINIMUM FUNDING STANDARDS
LIMITATIONS’’.

AND

BENEFIT

(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007.
(2) COLLECTIVE BARGAINING EXCEPTION.—In the case of
a plan maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more
employers ratified before January 1, 2008, the amendments

PO 00280

Frm 00074

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 853

made by this section shall not apply to plan years beginning
before the earlier of—
(A) the later of—
(i) the date on which the last collective bargaining
agreement relating to the plan terminates (determined
without regard to any extension thereof agreed to after
the date of the enactment of this Act), or
(ii) the first day of the first plan year to which
the amendments made by this subsection would (but
for this subparagraph) apply, or
(B) January 1, 2010.
For purposes of subparagraph (A)(i), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination
of such collective bargaining agreement.
SEC. 114. TECHNICAL AND CONFORMING AMENDMENTS.

(a) AMENDMENTS RELATED TO QUALIFICATION REQUIREMENTS.—
(1) Section 401(a)(29) of the Internal Revenue Code of
1986 is amended to read as follows:
‘‘(29) BENEFIT LIMITATIONS ON PLANS IN AT-RISK STATUS.—
In the case of a defined benefit plan (other than a multiemployer plan) to which the requirements of section 412 apply,
the trust of which the plan is a part shall not constitute
a qualified trust under this subsection unless the plan meets
the requirements of section 436.’’.
(2) Section 401(a)(32) of such Code is amended—
(A) in subparagraph (A), by striking ‘‘412(m)(5)’’ each
place it appears and inserting ‘‘section 430(j)(4)’’, and
(B) in subparagraph (C), by striking ‘‘section 412(m)’’
and inserting ‘‘section 430(j)’’.
(3) Section 401(a)(33) of such Code is amended—
(A) in subparagraph (B)(i), by striking ‘‘funded current
liability percentage (within the meaning of section
412(l)(8))’’ and inserting ‘‘funding target attainment
percentage (as defined in section 430(d)(2))’’,
(B) in subparagraph (B)(iii), by striking ‘‘subsection
412(c)(8)’’ and inserting ‘‘section 412(c)(2)’’, and
(C) in subparagraph (D), by striking ‘‘section 412(c)(11)
(without regard to subparagraph (B) thereof)’’ and inserting
‘‘section 412(b)(2) (without regard to subparagraph (B)
thereof)’’.
(b) VESTING RULES.—Section 411 of such Code is amended—
(1) by striking ‘‘section 412(c)(8)’’ in subsection (a)(3)(C)
and inserting ‘‘section 412(c)(2)’’,
(2) in subsection (b)(1)(F)—
(A) by striking ‘‘paragraphs (2) and (3) of section 412(i)’’
in clause (ii) and inserting ‘‘subparagraphs (B) and (C)
of section 412(e)(3)’’, and
(B) by striking ‘‘paragraphs (4), (5), and (6) of section
412(i)’’ and inserting ‘‘subparagraphs (D), (E), and (F) of
section 412(e)(3)’’, and
(3) by striking ‘‘section 412(c)(8)’’ in subsection (d)(6)(A)
and inserting ‘‘section 412(e)(2)’’.
(c) MERGERS AND CONSOLIDATIONS OF PLANS.—Subclause (I)
of section 414(l)(2)(B)(i) of such Code is amended to read as follows:

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00075

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 401.

APPS06

PsN: PUBL280

120 STAT. 854

26 USC 420.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(I) the amount determined under section
431(c)(6)(A)(i) in the case of a multiemployer plan
(and the sum of the funding shortfall and target
normal cost determined under section 430 in the
case of any other plan), over’’.
(d) TRANSFER OF EXCESS PENSION ASSETS TO RETIREE HEALTH
ACCOUNTS.—
(1) Section 420(e)(2) of such Code is amended to read
as follows:
‘‘(2) EXCESS PENSION ASSETS.—The term ‘excess pension
assets’ means the excess (if any) of—
‘‘(A) the lesser of—
‘‘(i) the fair market value of the plan’s assets
(reduced by the prefunding balance and funding
standard carryover balance determined under section
430(f)), or
‘‘(ii) the value of plan assets as determined under
section 430(g)(3) after reduction under section 430(f),
over
‘‘(B) 125 percent of the sum of the funding shortfall
and the target normal cost determined under section 430
for such plan year.’’.
(2) Section 420(e)(4) of such Code is amended to read
as follows:
‘‘(4) COORDINATION WITH SECTION 430.—In the case of a
qualified transfer, any assets so transferred shall not, for purposes of this section and section 430, be treated as assets
in the plan.’’.
(e) EXCISE TAXES.—
(1) IN GENERAL.—Subsections (a) and (b) of section 4971
of such Code are amended to read as follows:
‘‘(a) INITIAL TAX.—If at any time during any taxable year an
employer maintains a plan to which section 412 applies, there
is hereby imposed for the taxable year a tax equal to—
‘‘(1) in the case of a single-employer plan, 10 percent of
the aggregate unpaid minimum required contributions for all
plan years remaining unpaid as of the end of any plan year
ending with or within the taxable year, and
‘‘(2) in the case of a multiemployer plan, 5 percent of
the accumulated funding deficiency determined under section
431 as of the end of any plan year ending with or within
the taxable year.
‘‘(b) ADDITIONAL TAX.—If—
‘‘(1) a tax is imposed under subsection (a)(1) on any unpaid
required minimum contribution and such amount remains
unpaid as of the close of the taxable period, or
‘‘(2) a tax is imposed under subsection (a)(2) on any accumulated funding deficiency and the accumulated funding deficiency
is not corrected within the taxable period,
there is hereby imposed a tax equal to 100 percent of the unpaid
minimum required contribution or accumulated funding deficiency,
whichever is applicable, to the extent not so paid or corrected.’’.
(2) Section 4971(c) of such Code is amended—
(A) by striking ‘‘the last two sentences of section 412(a)’’
in paragraph (1) and inserting ‘‘section 431’’, and
(B) by adding at the end the following new paragraph:
‘‘(4) UNPAID MINIMUM REQUIRED CONTRIBUTION.—

Jkt 049139

PO 00280

Frm 00076

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 855

‘‘(A) IN GENERAL.—The term ‘unpaid minimum
required contribution’ means, with respect to any plan
year, any minimum required contribution under section
430 for the plan year which is not paid on or before the
due date (as determined under section 430(j)(1)) for the
plan year.
‘‘(B) ORDERING RULE.—Any payment to or under a
plan for any plan year shall be allocated first to unpaid
minimum required contributions for all preceding plan
years on a first-in, first-out basis and then to the minimum
required contribution under section 430 for the plan year.’’.
(3) Section 4971(e)(1) of such Code is amended by striking
‘‘section 412(b)(3)(A)’’ and inserting ‘‘section 412(a)(1)(A)’’.
(4) Section 4971(f)(1) of such Code is amended—
(A) by striking ‘‘section 412(m)(5)’’ and inserting ‘‘section 430(j)(4)’’, and
(B) by striking ‘‘section 412(m)’’ and inserting ‘‘section
430(j)’’.
(5) Section 4972(c)(7) of such Code is amended by striking
‘‘except to the extent that such contributions exceed the fullfunding limitation (as defined in section 412(c)(7), determined
without regard to subparagraph (A)(i)(I) thereof)’’ and inserting
‘‘except, in the case of a multiemployer plan, to the extent
that such contributions exceed the full-funding limitation (as
defined in section 431(c)(6))’’.
(f) REPORTING REQUIREMENTS.—Section 6059(b) of such Code
is amended—
(1) by striking ‘‘the accumulated funding deficiency (as
defined in section 412(a))’’ in paragraph (2) and inserting ‘‘the
minimum required contribution determined under section 430,
or the accumulated funding deficiency determined under section
431,’’, and
(2) by striking paragraph (3)(B) and inserting:
‘‘(B) the requirements for reasonable actuarial assumptions under section 430(h)(1) or 431(c)(3), whichever are
applicable, have been complied with.’’.

VerDate 14-DEC-2004

26 USC 4971.

SEC. 115. MODIFICATION OF TRANSITION RULE TO PENSION FUNDING
REQUIREMENTS.

26 USC 430 note.

(a) IN GENERAL.—In the case of a plan that—
(1) was not required to pay a variable rate premium for
the plan year beginning in 1996,
(2) has not, in any plan year beginning after 1995, merged
with another plan (other than a plan sponsored by an employer
that was in 1996 within the controlled group of the plan
sponsor), and
(3) is sponsored by a company that is engaged primarily
in the interurban or interstate passenger bus service,
the rules described in subsection (b) shall apply for any plan year
beginning after December 31, 2007.
(b) MODIFIED RULES.—The rules described in this subsection
are as follows:
(1) For purposes of section 430(j)(3) of the Internal Revenue
Code of 1986 and section 303(j)(3) of the Employee Retirement
Income Security Act of 1974, the plan shall be treated as
not having a funding shortfall for any plan year.
(2) For purposes of—

Applicability.
Effective date.

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00077

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 856

PUBLIC LAW 109–280—AUG. 17, 2006
(A) determining unfunded vested benefits under section
4006(a)(3)(E)(iii) of such Act, and
(B) determining any present value or making any computation under section 412 of such Code or section 302
of such Act,
the mortality table shall be the mortality table used by the
plan.
(3) Section 430(c)(5)(B) of such Code and section 303(c)(5)(B)
of such Act (relating to phase-in of funding target for exemption
from new shortfall amortization base) shall each be applied
by substituting ‘‘2012’’ for ‘‘2011’’ therein and by substituting
for the table therein the following:
The applicable percentage
is:

‘‘In the case of a plan year
beginning in calendar year:
2008
2009
2010
2011

26 USC 412 note.
26 USC 412 note.

Effective date.
26 USC 412 note.

..........................................................................................................
..........................................................................................................
..........................................................................................................
..........................................................................................................

90
92
94
96

percent
percent
percent
percent.

(c) DEFINITIONS.—Any term used in this section which is also
used in section 430 of such Code or section 303 of such Act shall
have the meaning provided such term in such section. If the same
term has a different meaning in such Code and such Act, such
term shall, for purposes of this section, have the meaning provided
by such Code when applied with respect to such Code and the
meaning provided by such Act when applied with respect to such
Act.
(d) SPECIAL RULE FOR 2006 AND 2007.—
(1) IN GENERAL.—Section 769(c)(3) of the Retirement
Protection Act of 1994, as added by section 201 of the Pension
Funding Equity Act of 2004, is amended by striking ‘‘and 2005’’
and inserting ‘‘, 2005, 2006, and 2007’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to plan years beginning after December 31,
2005.
(e) CONFORMING AMENDMENT.—
(1) Section 769 of the Retirement Protection Act of 1994
is amended by striking subsection (c).
(2) The amendment made by paragraph (1) shall take effect
on December 31, 2007, and shall apply to plan years beginning
after such date.
SEC. 116. RESTRICTIONS ON FUNDING OF NONQUALIFIED DEFERRED
COMPENSATION PLANS BY EMPLOYERS MAINTAINING
UNDERFUNDED OR TERMINATED SINGLE-EMPLOYER
PLANS.

26 USC 409A.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

(a) AMENDMENTS OF INTERNAL REVENUE CODE.—Subsection (b)
of section 409A of the Internal Revenue Code of 1986 (providing
rules relating to funding) is amended by redesignating paragraphs
(3) and (4) as paragraphs (4) and (5), respectively, and by inserting
after paragraph (2) the following new paragraph:
‘‘(3) TREATMENT OF EMPLOYER’S DEFINED BENEFIT PLAN
DURING RESTRICTED PERIOD.—
‘‘(A) IN GENERAL.—If—
‘‘(i) during any restricted period with respect to
a single-employer defined benefit plan, assets are set

Jkt 049139

PO 00280

Frm 00078

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 857

aside or reserved (directly or indirectly) in a trust
(or other arrangement as determined by the Secretary)
or transferred to such a trust or other arrangement
for purposes of paying deferred compensation of an
applicable covered employee under a nonqualified
deferred compensation plan of the plan sponsor or
member of a controlled group which includes the plan
sponsor, or
‘‘(ii) a nonqualified deferred compensation plan of
the plan sponsor or member of a controlled group which
includes the plan sponsor provides that assets will
become restricted to the provision of benefits under
the plan in connection with such restricted period (or
other similar financial measure determined by the Secretary) with respect to the defined benefit plan, or
assets are so restricted,
such assets shall, for purposes of section 83, be treated
as property transferred in connection with the performance
of services whether or not such assets are available to
satisfy claims of general creditors. Clause (i) shall not
apply with respect to any assets which are so set aside
before the restricted period with respect to the defined
benefit plan.
‘‘(B) RESTRICTED PERIOD.—For purposes of this section,
the term ‘restricted period’ means, with respect to any
plan described in subparagraph (A)—
‘‘(i) any period during which the plan is in atrisk status (as defined in section 430(i));
‘‘(ii) any period the plan sponsor is a debtor in
a case under title 11, United States Code, or similar
Federal or State law, and
‘‘(iii) the 12-month period beginning on the date
which is 6 months before the termination date of the
plan if, as of the termination date, the plan is not
sufficient for benefit liabilities (within the meaning
of section 4041 of the Employee Retirement Income
Security Act of 1974).
‘‘(C) SPECIAL RULE FOR PAYMENT OF TAXES ON
DEFERRED COMPENSATION INCLUDED IN INCOME.—If an
employer provides directly or indirectly for the payment
of any Federal, State, or local income taxes with respect
to any compensation required to be included in gross
income by reason of this paragraph—
‘‘(i) interest shall be imposed under subsection
(a)(1)(B)(i)(I) on the amount of such payment in the
same manner as if such payment was part of the
deferred compensation to which it relates,
‘‘(ii) such payment shall be taken into account
in determining the amount of the additional tax under
subsection (a)(1)(B)(i)(II) in the same manner as if
such payment was part of the deferred compensation
to which it relates, and
‘‘(iii) no deduction shall be allowed under this title
with respect to such payment.
‘‘(D) OTHER DEFINITIONS.—For purposes of this section—

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00079

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 858

26 USC 409A
note.

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(i) APPLICABLE COVERED EMPLOYEE.—The term
‘applicable covered employee’ means any—
‘‘(I) covered employee of a plan sponsor,
‘‘(II) covered employee of a member of a controlled group which includes the plan sponsor, and
‘‘(III) former employee who was a covered
employee at the time of termination of employment
with the plan sponsor or a member of a controlled
group which includes the plan sponsor.
‘‘(ii) COVERED EMPLOYEE.—The term ‘covered
employee’ means an individual described in section
162(m)(3) or an individual subject to the requirements
of section 16(a) of the Securities Exchange Act of
1934.’’.
(b) CONFORMING AMENDMENTS.—Paragraphs (4) and (5) of section 409A(b) of such Code, as redesignated by subsection (a) of
this subsection, are each amended by striking ‘‘paragraph (1) or
(2)’’ each place it appears and inserting ‘‘paragraph (1), (2), or
(3)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to transfers or other reservation of assets after the
date of the enactment of this Act.

TITLE II—FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT PLANS
AND RELATED PROVISIONS
Subtitle A—Amendments to Employee
Retirement Income Security Act of 1974
SEC. 201. FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT
PLANS.

(a) IN GENERAL.—Part 3 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (as amended by this Act)
is amended by inserting after section 303 the following new section:
‘‘MINIMUM
29 USC 1084.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

FUNDING STANDARDS FOR MULTIEMPLOYER PLANS

‘‘SEC. 304. (a) IN GENERAL.—For purposes of section 302, the
accumulated funding deficiency of a multiemployer plan for any
plan year is—
‘‘(1) except as provided in paragraph (2), the amount, determined as of the end of the plan year, equal to the excess
(if any) of the total charges to the funding standard account
of the plan for all plan years (beginning with the first plan
year for which this part applies to the plan) over the total
credits to such account for such years, and
‘‘(2) if the multiemployer plan is in reorganization for any
plan year, the accumulated funding deficiency of the plan determined under section 4243.
‘‘(b) FUNDING STANDARD ACCOUNT.—
‘‘(1) ACCOUNT REQUIRED.—Each multiemployer plan to
which this part applies shall establish and maintain a funding

Jkt 049139

PO 00280

Frm 00080

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 859

standard account. Such account shall be credited and charged
solely as provided in this section.
‘‘(2) CHARGES TO ACCOUNT.—For a plan year, the funding
standard account shall be charged with the sum of—
‘‘(A) the normal cost of the plan for the plan year,
‘‘(B) the amounts necessary to amortize in equal annual
installments (until fully amortized)—
‘‘(i) in the case of a plan which comes into existence
on or after January 1, 2008, the unfunded past service
liability under the plan on the first day of the first
plan year to which this section applies, over a period
of 15 plan years,
‘‘(ii) separately, with respect to each plan year,
the net increase (if any) in unfunded past service
liability under the plan arising from plan amendments
adopted in such year, over a period of 15 plan years,
‘‘(iii) separately, with respect to each plan year,
the net experience loss (if any) under the plan, over
a period of 15 plan years, and
‘‘(iv) separately, with respect to each plan year,
the net loss (if any) resulting from changes in actuarial
assumptions used under the plan, over a period of
15 plan years,
‘‘(C) the amount necessary to amortize each waived
funding deficiency (within the meaning of section 302(c)(3))
for each prior plan year in equal annual installments (until
fully amortized) over a period of 15 plan years,
‘‘(D) the amount necessary to amortize in equal annual
installments (until fully amortized) over a period of 5 plan
years any amount credited to the funding standard account
under section 302(b)(3)(D) (as in effect on the day before
the date of the enactment of the Pension Protection Act
of 2006), and
‘‘(E) the amount necessary to amortize in equal annual
installments (until fully amortized) over a period of 20
years the contributions which would be required to be
made under the plan but for the provisions of section
302(c)(7)(A)(i)(I) (as in effect on the day before the date
of the enactment of the Pension Protection Act of 2006).
‘‘(3) CREDITS TO ACCOUNT.—For a plan year, the funding
standard account shall be credited with the sum of—
‘‘(A) the amount considered contributed by the
employer to or under the plan for the plan year,
‘‘(B) the amount necessary to amortize in equal annual
installments (until fully amortized)—
‘‘(i) separately, with respect to each plan year,
the net decrease (if any) in unfunded past service
liability under the plan arising from plan amendments
adopted in such year, over a period of 15 plan years,
‘‘(ii) separately, with respect to each plan year,
the net experience gain (if any) under the plan, over
a period of 15 plan years, and
‘‘(iii) separately, with respect to each plan year,
the net gain (if any) resulting from changes in actuarial
assumptions used under the plan, over a period of
15 plan years,

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00081

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 860

‘‘(C) the amount of the waived funding deficiency
(within the meaning of section 302(c)(3)) for the plan year,
and
‘‘(D) in the case of a plan year for which the accumulated funding deficiency is determined under the funding
standard account if such plan year follows a plan year
for which such deficiency was determined under the alternative minimum funding standard under section 305 (as
in effect on the day before the date of the enactment
of the Pension Protection Act of 2006), the excess (if any)
of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit
balance in the alternative minimum funding standard
account.
‘‘(4) SPECIAL RULE FOR AMOUNTS FIRST AMORTIZED IN PLAN
YEARS BEFORE 2008.—In the case of any amount amortized
under section 302(b) (as in effect on the day before the date
of the enactment of the Pension Protection Act of 2006) over
any period beginning with a plan year beginning before 2008,
in lieu of the amortization described in paragraphs (2)(B) and
(3)(B), such amount shall continue to be amortized under such
section as so in effect.
‘‘(5) COMBINING AND OFFSETTING AMOUNTS TO BE AMORTIZED.—Under regulations prescribed by the Secretary of the
Treasury, amounts required to be amortized under paragraph
(2) or paragraph (3), as the case may be—
‘‘(A) may be combined into one amount under such
paragraph to be amortized over a period determined on
the basis of the remaining amortization period for all items
entering into such combined amount, and
‘‘(B) may be offset against amounts required to be
amortized under the other such paragraph, with the
resulting amount to be amortized over a period determined
on the basis of the remaining amortization periods for
all items entering into whichever of the two amounts being
offset is the greater.
‘‘(6) INTEREST.—The funding standard account (and items
therein) shall be charged or credited (as determined under
regulations prescribed by the Secretary of the Treasury) with
interest at the appropriate rate consistent with the rate or
rates of interest used under the plan to determine costs.
‘‘(7) SPECIAL RULES RELATING TO CHARGES AND CREDITS
TO FUNDING STANDARD ACCOUNT.—For purposes of this part—
‘‘(A) WITHDRAWAL LIABILITY.—Any amount received by
a multiemployer plan in payment of all or part of an
employer’s withdrawal liability under part 1 of subtitle
E of title IV shall be considered an amount contributed
by the employer to or under the plan. The Secretary of
the Treasury may prescribe by regulation additional
charges and credits to a multiemployer plan’s funding
standard account to the extent necessary to prevent withdrawal liability payments from being unduly reflected as
advance funding for plan liabilities.
‘‘(B) ADJUSTMENTS WHEN A MULTIEMPLOYER PLAN
LEAVES REORGANIZATION.—If a multiemployer plan is not
in reorganization in the plan year but was in reorganization
in the immediately preceding plan year, any balance in

Regulations.

Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00082

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 861

the funding standard account at the close of such immediately preceding plan year—
‘‘(i) shall be eliminated by an offsetting credit or
charge (as the case may be), but
‘‘(ii) shall be taken into account in subsequent
plan years by being amortized in equal annual installments (until fully amortized) over 30 plan years.
The preceding sentence shall not apply to the extent of
any accumulated funding deficiency under section 4243(a)
as of the end of the last plan year that the plan was
in reorganization.
‘‘(C) PLAN PAYMENTS TO SUPPLEMENTAL PROGRAM OR
WITHDRAWAL LIABILITY PAYMENT FUND.—Any amount paid
by a plan during a plan year to the Pension Benefit Guaranty Corporation pursuant to section 4222 of this Act or
to a fund exempt under section 501(c)(22) of the Internal
Revenue Code of 1986 pursuant to section 4223 of this
Act shall reduce the amount of contributions considered
received by the plan for the plan year.
‘‘(D) INTERIM WITHDRAWAL LIABILITY PAYMENTS.—Any
amount paid by an employer pending a final determination
of the employer’s withdrawal liability under part 1 of subtitle E of title IV and subsequently refunded to the
employer by the plan shall be charged to the funding
standard account in accordance with regulations prescribed
by the Secretary of the Treasury.
‘‘(E) ELECTION FOR DEFERRAL OF CHARGE FOR PORTION
OF NET EXPERIENCE LOSS.—If an election is in effect under
section 302(b)(7)(F) (as in effect on the day before the
date of the enactment of the Pension Protection Act of
2006) for any plan year, the funding standard account
shall be charged in the plan year to which the portion
of the net experience loss deferred by such election was
deferred with the amount so deferred (and paragraph
(2)(B)(iii) shall not apply to the amount so charged).
‘‘(F) FINANCIAL ASSISTANCE.—Any amount of any financial assistance from the Pension Benefit Guaranty Corporation to any plan, and any repayment of such amount,
shall be taken into account under this section and section
302 in such manner as is determined by the Secretary
of the Treasury.
‘‘(G) SHORT-TERM BENEFITS.—To the extent that any
plan amendment increases the unfunded past service
liability under the plan by reason of an increase in benefits
which are not payable as a life annuity but are payable
under the terms of the plan for a period that does not
exceed 14 years from the effective date of the amendment,
paragraph (2)(B)(ii) shall be applied separately with respect
to such increase in unfunded past service liability by substituting the number of years of the period during which
such benefits are payable for ‘15’.
‘‘(c) ADDITIONAL RULES.—
‘‘(1) DETERMINATIONS TO BE MADE UNDER FUNDING
METHOD.—For purposes of this part, normal costs, accrued
liability, past service liabilities, and experience gains and losses
shall be determined under the funding method used to determine costs under the plan.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00083

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Regulations.

APPS06

PsN: PUBL280

120 STAT. 862

‘‘(2) VALUATION OF ASSETS.—
‘‘(A) IN GENERAL.—For purposes of this part, the value
of the plan’s assets shall be determined on the basis of
any reasonable actuarial method of valuation which takes
into account fair market value and which is permitted
under regulations prescribed by the Secretary of the
Treasury.
‘‘(B) ELECTION WITH RESPECT TO BONDS.—The value
of a bond or other evidence of indebtedness which is not
in default as to principal or interest may, at the election
of the plan administrator, be determined on an amortized
basis running from initial cost at purchase to par value
at maturity or earliest call date. Any election under this
subparagraph shall be made at such time and in such
manner as the Secretary of the Treasury shall by regulations provide, shall apply to all such evidences of indebtedness, and may be revoked only with the consent of such
Secretary.
‘‘(3) ACTUARIAL ASSUMPTIONS MUST BE REASONABLE.—For
purposes of this section, all costs, liabilities, rates of interest,
and other factors under the plan shall be determined on the
basis of actuarial assumptions and methods—
‘‘(A) each of which is reasonable (taking into account
the experience of the plan and reasonable expectations),
and
‘‘(B) which, in combination, offer the actuary’s best
estimate of anticipated experience under the plan.
‘‘(4) TREATMENT OF CERTAIN CHANGES AS EXPERIENCE GAIN
OR LOSS.—For purposes of this section, if—
‘‘(A) a change in benefits under the Social Security
Act or in other retirement benefits created under Federal
or State law, or
‘‘(B) a change in the definition of the term ‘wages’
under section 3121 of the Internal Revenue Code of 1986,
or a change in the amount of such wages taken into account
under regulations prescribed for purposes of section
401(a)(5) of such Code,
results in an increase or decrease in accrued liability under
a plan, such increase or decrease shall be treated as an experience loss or gain.
‘‘(5) FULL FUNDING.—If, as of the close of a plan year,
a plan would (without regard to this paragraph) have an
accumulated funding deficiency in excess of the full funding
limitation—
‘‘(A) the funding standard account shall be credited
with the amount of such excess, and
‘‘(B) all amounts described in subparagraphs (B), (C),
and (D) of subsection (b) (2) and subparagraph (B) of subsection (b)(3) which are required to be amortized shall
be considered fully amortized for purposes of such subparagraphs.
‘‘(6) FULL-FUNDING LIMITATION.—
‘‘(A) IN GENERAL.—For purposes of paragraph (5), the
term ‘full-funding limitation’ means the excess (if any) of—
‘‘(i) the accrued liability (including normal cost)
under the plan (determined under the entry age normal
funding method if such accrued liability cannot be

Regulations.

Applicability.
Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00084

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 863

directly calculated under the funding method used for
the plan), over
‘‘(ii) the lesser of—
‘‘(I) the fair market value of the plan’s assets,
or
‘‘(II) the value of such assets determined under
paragraph (2).
‘‘(B) MINIMUM AMOUNT.—
‘‘(i) IN GENERAL.—In no event shall the full-funding
limitation determined under subparagraph (A) be less
than the excess (if any) of—
‘‘(I) 90 percent of the current liability of the
plan (including the expected increase in current
liability due to benefits accruing during the plan
year), over
‘‘(II) the value of the plan’s assets determined
under paragraph (2).
‘‘(ii) ASSETS.—For purposes of clause (i), assets
shall not be reduced by any credit balance in the
funding standard account.
‘‘(C) FULL FUNDING LIMITATION.—For purposes of this
paragraph, unless otherwise provided by the plan, the
accrued liability under a multiemployer plan shall not
include benefits which are not nonforfeitable under the
plan after the termination of the plan (taking into consideration section 411(d)(3) of the Internal Revenue Code of
1986).
‘‘(D) CURRENT LIABILITY.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘current liability’
means all liabilities to employees and their beneficiaries under the plan.
‘‘(ii) TREATMENT OF UNPREDICTABLE CONTINGENT
EVENT BENEFITS.—For purposes of clause (i), any benefit contingent on an event other than—
‘‘(I) age, service, compensation, death, or disability, or
‘‘(II) an event which is reasonably and reliably
predictable (as determined by the Secretary of the
Treasury),
shall not be taken into account until the event on
which the benefit is contingent occurs.
‘‘(iii) INTEREST RATE USED.—The rate of interest
used to determine current liability under this paragraph shall be the rate of interest determined under
subparagraph (E).
‘‘(iv) MORTALITY TABLES.—
‘‘(I) COMMISSIONERS’ STANDARD TABLE.—In the
case of plan years beginning before the first plan
year to which the first tables prescribed under
subclause (II) apply, the mortality table used in
determining current liability under this paragraph
shall be the table prescribed by the Secretary of
the Treasury which is based on the prevailing
commissioners’ standard table (described in section
807(d)(5)(A) of the Internal Revenue Code of 1986)

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00085

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 864

used to determine reserves for group annuity contracts issued on January 1, 1993.
‘‘(II) SECRETARIAL AUTHORITY.—The Secretary
of the Treasury may by regulation prescribe for
plan years beginning after December 31, 1999,
mortality tables to be used in determining current
liability under this subsection. Such tables shall
be based upon the actual experience of pension
plans and projected trends in such experience. In
prescribing such tables, such Secretary shall take
into account results of available independent
studies of mortality of individuals covered by pension plans.
‘‘(v) SEPARATE MORTALITY TABLES FOR THE DISABLED.—Notwithstanding clause (iv)—
‘‘(I) IN GENERAL.—The Secretary of the
Treasury shall establish mortality tables which
may be used (in lieu of the tables under clause
(iv)) to determine current liability under this subsection for individuals who are entitled to benefits
under the plan on account of disability. Such Secretary shall establish separate tables for individuals whose disabilities occur in plan years beginning before January 1, 1995, and for individuals
whose disabilities occur in plan years beginning
on or after such date.
‘‘(II) SPECIAL RULE FOR DISABILITIES OCCURRING AFTER 1994.—In the case of disabilities occurring in plan years beginning after December 31,
1994, the tables under subclause (I) shall apply
only with respect to individuals described in such
subclause who are disabled within the meaning
of title II of the Social Security Act and the regulations thereunder.
‘‘(vi) PERIODIC REVIEW.—The Secretary of the
Treasury shall periodically (at least every 5 years)
review any tables in effect under this subparagraph
and shall, to the extent such Secretary determines
necessary, by regulation update the tables to reflect
the actual experience of pension plans and projected
trends in such experience.
‘‘(E) REQUIRED CHANGE OF INTEREST RATE.—For purposes of determining a plan’s current liability for purposes
of this paragraph—
‘‘(i) IN GENERAL.—If any rate of interest used under
the plan under subsection (b)(6) to determine cost is
not within the permissible range, the plan shall establish a new rate of interest within the permissible range.
‘‘(ii) PERMISSIBLE RANGE.—For purposes of this
subparagraph—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), the term ‘permissible range’ means a
rate of interest which is not more than 5 percent
above, and not more than 10 percent below, the
weighted average of the rates of interest on 30year Treasury securities during the 4-year period

Applicability.

Regulations.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00086

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 865

ending on the last day before the beginning of
the plan year.
‘‘(II) SECRETARIAL AUTHORITY.—If the Secretary of the Treasury finds that the lowest rate
of interest permissible under subclause (I) is
unreasonably high, such Secretary may prescribe
a lower rate of interest, except that such rate
may not be less than 80 percent of the average
rate determined under such subclause.
‘‘(iii) ASSUMPTIONS.—Notwithstanding paragraph
(3)(A), the interest rate used under the plan shall
be—
‘‘(I) determined without taking into account
the experience of the plan and reasonable expectations, but
‘‘(II) consistent with the assumptions which
reflect the purchase rates which would be used
by insurance companies to satisfy the liabilities
under the plan.
‘‘(7) ANNUAL VALUATION.—
‘‘(A) IN GENERAL.—For purposes of this section, a determination of experience gains and losses and a valuation
of the plan’s liability shall be made not less frequently
than once every year, except that such determination shall
be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary
of the Treasury.
‘‘(B) VALUATION DATE.—
‘‘(i) CURRENT YEAR.—Except as provided in clause
(ii), the valuation referred to in subparagraph (A) shall
be made as of a date within the plan year to which
the valuation refers or within one month prior to the
beginning of such year.
‘‘(ii) USE OF PRIOR YEAR VALUATION.—The valuation referred to in subparagraph (A) may be made
as of a date within the plan year prior to the year
to which the valuation refers if, as of such date, the
value of the assets of the plan are not less than 100
percent of the plan’s current liability (as defined in
paragraph (6)(D) without regard to clause (iv) thereof).
‘‘(iii) ADJUSTMENTS.—Information under clause (ii)
shall, in accordance with regulations, be actuarially
adjusted to reflect significant differences in participants.
‘‘(iv) LIMITATION.—A change in funding method to
use a prior year valuation, as provided in clause (ii),
may not be made unless as of the valuation date within
the prior plan year, the value of the assets of the
plan are not less than 125 percent of the plan’s current
liability (as defined in paragraph (6)(D) without regard
to clause (iv) thereof).
‘‘(8) TIME WHEN CERTAIN CONTRIBUTIONS DEEMED MADE.—
For purposes of this section, any contributions for a plan year
made by an employer after the last day of such plan year,
but not later than two and one-half months after such day,
shall be deemed to have been made on such last day. For
purposes of this subparagraph, such two and one-half month

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00087

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Regulations.

Deadline.

APPS06

PsN: PUBL280

120 STAT. 866
Regulations.

Notification.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

period may be extended for not more than six months under
regulations prescribed by the Secretary of the Treasury.
‘‘(d) EXTENSION OF AMORTIZATION PERIODS FOR MULTIEMPLOYER
PLANS.—
‘‘(1) AUTOMATIC EXTENSION UPON APPLICATION BY CERTAIN
PLANS.—
‘‘(A) IN GENERAL.—If the plan sponsor of a multiemployer plan—
‘‘(i) submits to the Secretary of the Treasury an
application for an extension of the period of years
required to amortize any unfunded liability described
in any clause of subsection (b)(2)(B) or described in
subsection (b)(4), and
‘‘(ii) includes with the application a certification
by the plan’s actuary described in subparagraph (B),
the Secretary of the Treasury shall extend the amortization
period for the period of time (not in excess of 5 years)
specified in the application. Such extension shall be in
addition to any extension under paragraph (2).
‘‘(B) CRITERIA.—A certification with respect to a multiemployer plan is described in this subparagraph if the
plan’s actuary certifies that, based on reasonable assumptions—
‘‘(i) absent the extension under subparagraph (A),
the plan would have an accumulated funding deficiency
in the current plan year or any of the 9 succeeding
plan years,
‘‘(ii) the plan sponsor has adopted a plan to
improve the plan’s funding status,
‘‘(iii) the plan is projected to have sufficient assets
to timely pay expected benefits and anticipated
expenditures over the amortization period as extended,
and
‘‘(iv) the notice required under paragraph (3)(A)
has been provided.
‘‘(C) TERMINATION.—The preceding provisions of this
paragraph shall not apply with respect to any application
submitted after December 31, 2014.
‘‘(2) ALTERNATIVE EXTENSION.—
‘‘(A) IN GENERAL.—If the plan sponsor of a multiemployer plan submits to the Secretary of the Treasury an
application for an extension of the period of years required
to amortize any unfunded liability described in any clause
of subsection (b)(2)(B) or described in subsection (b)(4),
the Secretary of the Treasury may extend the amortization
period for a period of time (not in excess of 10 years
reduced by the number of years of any extension under
paragraph (1) with respect to such unfunded liability) if
the Secretary of the Treasury makes the determination
described in subparagraph (B). Such extension shall be
in addition to any extension under paragraph (1).
‘‘(B) DETERMINATION.—The Secretary of the Treasury
may grant an extension under subparagraph (A) if such
Secretary determines that—
‘‘(i) such extension would carry out the purposes
of this Act and would provide adequate protection for

Jkt 049139

PO 00280

Frm 00088

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 867

participants under the plan and their beneficiaries,
and
‘‘(ii) the failure to permit such extension would—
‘‘(I) result in a substantial risk to the voluntary continuation of the plan, or a substantial
curtailment of pension benefit levels or employee
compensation, and
‘‘(II) be adverse to the interests of plan participants in the aggregate.
‘‘(C) ACTION BY SECRETARY OF THE TREASURY.—The
Secretary of the Treasury shall act upon any application
for an extension under this paragraph within 180 days
of the submission of such application. If such Secretary
rejects the application for an extension under this paragraph, such Secretary shall provide notice to the plan
detailing the specific reasons for the rejection, including
references to the criteria set forth above.
‘‘(3) ADVANCE NOTICE.—
‘‘(A) IN GENERAL.—The Secretary of the Treasury shall,
before granting an extension under this subsection, require
each applicant to provide evidence satisfactory to such Secretary that the applicant has provided notice of the filing
of the application for such extension to each affected party
(as defined in section 4001(a)(21)) with respect to the
affected plan. Such notice shall include a description of
the extent to which the plan is funded for benefits which
are guaranteed under title IV and for benefit liabilities.
‘‘(B) CONSIDERATION OF RELEVANT INFORMATION.—The
Secretary of the Treasury shall consider any relevant
information provided by a person to whom notice was given
under paragraph (1).’’.
(b) SHORTFALL FUNDING METHOD.—
(1) IN GENERAL.—A multiemployer plan meeting the criteria
of paragraph (2) may adopt, use, or cease using, the shortfall
funding method and such adoption, use, or cessation of use
of such method, shall be deemed approved by the Secretary
of the Treasury under section 302(d)(1) of the Employee Retirement Income Security Act of 1974 and section 412(d)(1) of
the Internal Revenue Code of 1986.
(2) CRITERIA.—A multiemployer pension plan meets the
criteria of this clause if—
(A) the plan has not used the shortfall funding method
during the 5-year period ending on the day before the
date the plan is to use the method under paragraph (1);
and
(B) the plan is not operating under an amortization
period extension under section 304(d) of such Act and did
not operate under such an extension during such 5-year
period.
(3) SHORTFALL FUNDING METHOD DEFINED.—For purposes
of this subsection, the term ‘‘shortfall funding method’’ means
the shortfall funding method described in Treasury Regulations
section 1.412(c)(1)–2 (26 CFR 1.412(c)(1)–2).
(4) BENEFIT RESTRICTIONS TO APPLY.—The benefit restrictions under section 302(c)(7) of such Act and section 412(c)(7)
of such Code shall apply during any period a multiemployer

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00089

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.
Notification.

29 USC 1084
note.

APPS06

PsN: PUBL280

120 STAT. 868

PUBLIC LAW 109–280—AUG. 17, 2006
plan is on the shortfall funding method pursuant to this subsection.
(5) USE OF SHORTFALL METHOD NOT TO PRECLUDE OTHER
OPTIONS.—Nothing in this subsection shall be construed to
affect a multiemployer plan’s ability to adopt the shortfall
funding method with the Secretary’s permission under otherwise applicable regulations or to affect a multiemployer plan’s
right to change funding methods, with or without the Secretary’s consent, as provided in applicable rules and regulations.
(c) CONFORMING AMENDMENTS.—
(1) Section 301 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1081) is amended by striking subsection (d).
(2) The table of contents in section 1 of such Act (as
amended by this Act) is amended by inserting after the item
relating to section 303 the following new item:

‘‘Sec. 304. Minimum funding standards for multiemployer plans.’’.

(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after 2007.
(2) SPECIAL RULE FOR CERTAIN AMORTIZATION EXTENSIONS.—If the Secretary of the Treasury grants an extension
under section 304 of the Employee Retirement Income Security
Act of 1974 and section 412(e) of the Internal Revenue Code
of 1986 with respect to any application filed with the Secretary
of the Treasury on or before June 30, 2005, the extension
(and any modification thereof) shall be applied and administered under the rules of such sections as in effect before the
enactment of this Act, including the use of the rate of interest
determined under section 6621(b) of such Code.

29 USC 1081
note.

Applicability.

SEC. 202. ADDITIONAL FUNDING RULES FOR MULTIEMPLOYER PLANS
IN ENDANGERED OR CRITICAL STATUS.

(a) IN GENERAL.—Part 3 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (as amended by the preceding provisions of this Act) is amended by inserting after section
304 the following new section:
‘‘ADDITIONAL

FUNDING RULES FOR MULTIEMPLOYER PLANS IN
ENDANGERED STATUS OR CRITICAL STATUS

29 USC 1085.

Applicability.

Applicability.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

‘‘SEC. 305. (a) GENERAL RULE.—For purposes of this part, in
the case of a multiemployer plan in effect on July 16, 2006—
‘‘(1) if the plan is in endangered status—
‘‘(A) the plan sponsor shall adopt and implement a
funding improvement plan in accordance with the requirements of subsection (c), and
‘‘(B) the requirements of subsection (d) shall apply
during the funding plan adoption period and the funding
improvement period, and
‘‘(2) if the plan is in critical status—
‘‘(A) the plan sponsor shall adopt and implement a
rehabilitation plan in accordance with the requirements
of subsection (e), and
‘‘(B) the requirements of subsection (f) shall apply
during the rehabilitation plan adoption period and the
rehabilitation period.

Jkt 049139

PO 00280

Frm 00090

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 869

‘‘(b) DETERMINATION OF ENDANGERED AND CRITICAL STATUS.—
For purposes of this section—
‘‘(1) ENDANGERED STATUS.—A multiemployer plan is in
endangered status for a plan year if, as determined by the
plan actuary under paragraph (3), the plan is not in critical
status for the plan year and, as of the beginning of the plan
year, either—
‘‘(A) the plan’s funded percentage for such plan year
is less than 80 percent, or
‘‘(B) the plan has an accumulated funding deficiency
for such plan year, or is projected to have such an accumulated funding deficiency for any of the 6 succeeding plan
years, taking into account any extension of amortization
periods under section 304(d).
For purposes of this section, a plan shall be treated as in
seriously endangered status for a plan year if the plan is
described in both subparagraphs (A) and (B).
‘‘(2) CRITICAL STATUS.—A multiemployer plan is in critical
status for a plan year if, as determined by the plan actuary
under paragraph (3), the plan is described in 1 or more of
the following subparagraphs as of the beginning of the plan
year:
‘‘(A) A plan is described in this subparagraph if—
‘‘(i) the funded percentage of the plan is less than
65 percent, and
‘‘(ii) the sum of—
‘‘(I) the fair market value of plan assets, plus
‘‘(II) the present value of the reasonably anticipated employer contributions for the current plan
year and each of the 6 succeeding plan years,
assuming that the terms of all collective bargaining agreements pursuant to which the plan
is maintained for the current plan year continue
in effect for succeeding plan years,
is less than the present value of all nonforfeitable
benefits projected to be payable under the plan during
the current plan year and each of the 6 succeeding
plan years (plus administrative expenses for such plan
years).
‘‘(B) A plan is described in this subparagraph if—
‘‘(i) the plan has an accumulated funding deficiency
for the current plan year, not taking into account any
extension of amortization periods under section 304(d),
or
‘‘(ii) the plan is projected to have an accumulated
funding deficiency for any of the 3 succeeding plan
years (4 succeeding plan years if the funded percentage
of the plan is 65 percent or less), not taking into
account any extension of amortization periods under
section 304(d).
‘‘(C) A plan is described in this subparagraph if—
‘‘(i)(I) the plan’s normal cost for the current plan
year, plus interest (determined at the rate used for
determining costs under the plan) for the current plan
year on the amount of unfunded benefit liabilities
under the plan as of the last date of the preceding
plan year, exceeds

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00091

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 870

‘‘(II) the present value of the reasonably anticipated employer and employee contributions for the current plan year,
‘‘(ii) the present value, as of the beginning of the
current plan year, of nonforfeitable benefits of inactive
participants is greater than the present value of nonforfeitable benefits of active participants, and
‘‘(iii) the plan has an accumulated funding deficiency for the current plan year, or is projected to
have such a deficiency for any of the 4 succeeding
plan years, not taking into account any extension of
amortization periods under section 304(d).
‘‘(D) A plan is described in this subparagraph if the
sum of—
‘‘(i) the fair market value of plan assets, plus
‘‘(ii) the present value of the reasonably anticipated
employer contributions for the current plan year and
each of the 4 succeeding plan years, assuming that
the terms of all collective bargaining agreements
pursuant to which the plan is maintained for the current plan year continue in effect for succeeding plan
years,
is less than the present value of all benefits projected
to be payable under the plan during the current plan
year and each of the 4 succeeding plan years (plus administrative expenses for such plan years).
‘‘(3) ANNUAL CERTIFICATION BY PLAN ACTUARY.—
‘‘(A) IN GENERAL.—Not later than the 90th day of each
plan year of a multiemployer plan, the plan actuary shall
certify to the Secretary of the Treasury and to the plan
sponsor—
‘‘(i) whether or not the plan is in endangered status
for such plan year and whether or not the plan is
or will be in critical status for such plan year, and
‘‘(ii) in the case of a plan which is in a funding
improvement or rehabilitation period, whether or not
the plan is making the scheduled progress in meeting
the requirements of its funding improvement or
rehabilitation plan.
‘‘(B) ACTUARIAL PROJECTIONS OF ASSETS AND LIABILITIES.—
‘‘(i) IN GENERAL.—In making the determinations
and projections under this subsection, the plan actuary
shall make projections required for the current and
succeeding plan years of the current value of the assets
of the plan and the present value of all liabilities
to participants and beneficiaries under the plan for
the current plan year as of the beginning of such
year. The actuary’s projections shall be based on
reasonable actuarial estimates, assumptions, and
methods that, except as provided in clause (iii), offer
the actuary’s best estimate of anticipated experience
under the plan. The projected present value of liabilities as of the beginning of such year shall be determined based on the most recent of either—

Deadline.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00092

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 871

‘‘(I) the actuarial statement required under
section 103(d) with respect to the most recently
filed annual report, or
‘‘(II) the actuarial valuation for the preceding
plan year.
‘‘(ii) DETERMINATIONS OF FUTURE CONTRIBUTIONS.—Any actuarial projection of plan assets shall
assume—
‘‘(I) reasonably anticipated employer contributions for the current and succeeding plan years,
assuming that the terms of the one or more collective bargaining agreements pursuant to which the
plan is maintained for the current plan year continue in effect for succeeding plan years, or
‘‘(II) that employer contributions for the most
recent plan year will continue indefinitely, but only
if the plan actuary determines there have been
no significant demographic changes that would
make such assumption unreasonable.
‘‘(iii) PROJECTED INDUSTRY ACTIVITY.—Any projection of activity in the industry or industries covered
by the plan, including future covered employment and
contribution levels, shall be based on information provided by the plan sponsor, which shall act reasonably
and in good faith.
‘‘(C) PENALTY FOR FAILURE TO SECURE TIMELY ACTUARIAL CERTIFICATION.—Any failure of the plan’s actuary
to certify the plan’s status under this subsection by the
date specified in subparagraph (A) shall be treated for
purposes of section 502(c)(2) as a failure or refusal by
the plan administrator to file the annual report required
to be filed with the Secretary under section 101(b)(4).
‘‘(D) NOTICE.—
‘‘(i) IN GENERAL.—In any case in which it is certified under subparagraph (A) that a multiemployer
plan is or will be in endangered or critical status
for a plan year, the plan sponsor shall, not later than
30 days after the date of the certification, provide
notification of the endangered or critical status to the
participants and beneficiaries, the bargaining parties,
the Pension Benefit Guaranty Corporation, and the
Secretary.
‘‘(ii) PLANS IN CRITICAL STATUS.—If it is certified
under subparagraph (A) that a multiemployer plan
is or will be in critical status, the plan sponsor shall
include in the notice under clause (i) an explanation
of the possibility that—
‘‘(I) adjustable benefits (as defined in subsection (e)(8)) may be reduced, and
‘‘(II) such reductions may apply to participants
and beneficiaries whose benefit commencement
date is on or after the date such notice is provided
for the first plan year in which the plan is in
critical status.
‘‘(iii) MODEL NOTICE.—The Secretary shall prescribe a model notice that a multiemployer plan may
use to satisfy the requirements under clause (ii).

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00093

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Reports.

Deadline.

APPS06

PsN: PUBL280

120 STAT. 872

Deadlines.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(c) FUNDING IMPROVEMENT PLAN MUST BE ADOPTED FOR
MULTIEMPLOYER PLANS IN ENDANGERED STATUS.—
‘‘(1) IN GENERAL.—In any case in which a multiemployer
plan is in endangered status for a plan year, the plan sponsor,
in accordance with this subsection—
‘‘(A) shall adopt a funding improvement plan not later
than 240 days following the required date for the actuarial
certification of endangered status under subsection
(b)(3)(A), and
‘‘(B) within 30 days after the adoption of the funding
improvement plan—
‘‘(i) shall provide to the bargaining parties 1 or
more schedules showing revised benefit structures,
revised contribution structures, or both, which, if
adopted, may reasonably be expected to enable the
multiemployer plan to meet the applicable benchmarks
in accordance with the funding improvement plan,
including—
‘‘(I) one proposal for reductions in the amount
of future benefit accruals necessary to achieve the
applicable benchmarks, assuming no amendments
increasing contributions under the plan (other
than amendments increasing contributions necessary to achieve the applicable benchmarks after
amendments have reduced future benefit accruals
to the maximum extent permitted by law), and
‘‘(II) one proposal for increases in contributions
under the plan necessary to achieve the applicable
benchmarks, assuming no amendments reducing
future benefit accruals under the plan, and
‘‘(ii) may, if the plan sponsor deems appropriate,
prepare and provide the bargaining parties with additional information relating to contribution rates or benefit reductions, alternative schedules, or other information relevant to achieving the applicable benchmarks
in accordance with the funding improvement plan.
For purposes of this section, the term ‘applicable benchmarks’ means the requirements applicable to the multiemployer plan under paragraph (3) (as modified by paragraph
(5)).
‘‘(2) EXCEPTION FOR YEARS AFTER PROCESS BEGINS.—Paragraph (1) shall not apply to a plan year if such year is in
a funding plan adoption period or funding improvement period
by reason of the plan being in endangered status for a preceding
plan year. For purposes of this section, such preceding plan
year shall be the initial determination year with respect to
the funding improvement plan to which it relates.
‘‘(3) FUNDING IMPROVEMENT PLAN.—For purposes of this
section—
‘‘(A) IN GENERAL.—A funding improvement plan is a
plan which consists of the actions, including options or
a range of options to be proposed to the bargaining parties,
formulated to provide, based on reasonably anticipated
experience and reasonable actuarial assumptions, for the
attainment by the plan during the funding improvement
period of the following requirements:

Jkt 049139

PO 00280

Frm 00094

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 873

‘‘(i) INCREASE IN PLAN’S FUNDING PERCENTAGE.—
The plan’s funded percentage as of the close of the
funding improvement period equals or exceeds a
percentage equal to the sum of—
‘‘(I) such percentage as of the beginning of
such period, plus
‘‘(II) 33 percent of the difference between 100
percent and the percentage under subclause (I).
‘‘(ii) AVOIDANCE OF ACCUMULATED FUNDING DEFICIENCIES.—No accumulated funding deficiency for any
plan year during the funding improvement period
(taking into account any extension of amortization
periods under section 304(d)).
‘‘(B) SERIOUSLY ENDANGERED PLANS.—In the case of
a plan in seriously endangered status, except as provided
in paragraph (5), subparagraph (A)(i)(II) shall be applied
by substituting ‘20 percent’ for ‘33 percent’.
‘‘(4) FUNDING IMPROVEMENT PERIOD.—For purposes of this
section—
‘‘(A) IN GENERAL.—The funding improvement period
for any funding improvement plan adopted pursuant to
this subsection is the 10-year period beginning on the first
day of the first plan year of the multiemployer plan beginning after the earlier of—
‘‘(i) the second anniversary of the date of the adoption of the funding improvement plan, or
‘‘(ii) the expiration of the collective bargaining
agreements in effect on the due date for the actuarial
certification of endangered status for the initial determination year under subsection (b)(3)(A) and covering,
as of such due date, at least 75 percent of the active
participants in such multiemployer plan.
‘‘(B) SERIOUSLY ENDANGERED PLANS.—In the case of
a plan in seriously endangered status, except as provided
in paragraph (5), subparagraph (A) shall be applied by
substituting ‘15-year period’ for ‘10-year period’.
‘‘(C) COORDINATION WITH CHANGES IN STATUS.—
‘‘(i) PLANS NO LONGER IN ENDANGERED STATUS.—
If the plan’s actuary certifies under subsection (b)(3)(A)
for a plan year in any funding plan adoption period
or funding improvement period that the plan is no
longer in endangered status and is not in critical
status, the funding plan adoption period or funding
improvement period, whichever is applicable, shall end
as of the close of the preceding plan year.
‘‘(ii) PLANS IN CRITICAL STATUS.—If the plan’s
actuary certifies under subsection (b)(3)(A) for a plan
year in any funding plan adoption period or funding
improvement period that the plan is in critical status,
the funding plan adoption period or funding improvement period, whichever is applicable, shall end as of
the close of the plan year preceding the first plan
year in the rehabilitation period with respect to such
status.
‘‘(D) PLANS IN ENDANGERED STATUS AT END OF
PERIOD.—If the plan’s actuary certifies under subsection
(b)(3)(A) for the first plan year following the close of the

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00095

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

Applicability.

APPS06

PsN: PUBL280

120 STAT. 874

period described in subparagraph (A) that the plan is in
endangered status, the provisions of this subsection and
subsection (d) shall be applied as if such first plan year
were an initial determination year, except that the plan
may not be amended in a manner inconsistent with the
funding improvement plan in effect for the preceding plan
year until a new funding improvement plan is adopted.
‘‘(5) SPECIAL RULES FOR SERIOUSLY ENDANGERED PLANS
MORE THAN 70 PERCENT FUNDED.—
‘‘(A) IN GENERAL.—If the funded percentage of a plan
in seriously endangered status was more than 70 percent
as of the beginning of the initial determination year—
‘‘(i) paragraphs (3)(B) and (4)(B) shall apply only
if the plan’s actuary certifies, within 30 days after
the certification under subsection (b)(3)(A) for the initial determination year, that, based on the terms of
the plan and the collective bargaining agreements in
effect at the time of such certification, the plan is
not projected to meet the requirements of paragraph
(3)(A) (without regard to paragraphs (3)(B) and (4)(B)),
and
‘‘(ii) if there is a certification under clause (i),
the plan may, in formulating its funding improvement
plan, only take into account the rules of paragraph
(3)(B) and (4)(B) for plan years in the funding improvement period beginning on or before the date on which
the last of the collective bargaining agreements
described in paragraph (4)(A)(ii) expires.
‘‘(B) SPECIAL RULE AFTER EXPIRATION OF AGREEMENTS.—Notwithstanding subparagraph (A)(ii), if, for any
plan year ending after the date described in subparagraph
(A)(ii), the plan actuary certifies (at the time of the annual
certification under subsection (b)(3)(A) for such plan year)
that, based on the terms of the plan and collective bargaining agreements in effect at the time of that annual
certification, the plan is not projected to be able to meet
the requirements of paragraph (3)(A) (without regard to
paragraphs (3)(B) and (4)(B)), paragraphs (3)(B) and (4)(B)
shall continue to apply for such year.
‘‘(6) UPDATES TO FUNDING IMPROVEMENT PLAN AND SCHEDULES.—
‘‘(A) FUNDING IMPROVEMENT PLAN.—The plan sponsor
shall annually update the funding improvement plan and
shall file the update with the plan’s annual report under
section 104.
‘‘(B) SCHEDULES.—The plan sponsor shall annually
update any schedule of contribution rates provided under
this subsection to reflect the experience of the plan.
‘‘(C) DURATION OF SCHEDULE.—A schedule of contribution rates provided by the plan sponsor and relied upon
by bargaining parties in negotiating a collective bargaining
agreement shall remain in effect for the duration of that
collective bargaining agreement.
‘‘(7) IMPOSITION OF DEFAULT SCHEDULE WHERE FAILURE TO
ADOPT FUNDING IMPROVEMENT PLAN.—
‘‘(A) IN GENERAL.—If—

Applicability.
Deadline.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00096

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 875

‘‘(i) a collective bargaining agreement providing
for contributions under a multiemployer plan that was
in effect at the time the plan entered endangered status
expires, and
‘‘(ii) after receiving one or more schedules from
the plan sponsor under paragraph (1)(B), the bargaining parties with respect to such agreement fail
to agree on changes to contribution or benefit schedules
necessary to meet the applicable benchmarks in accordance with the funding improvement plan,
the plan sponsor shall implement the schedule described
in paragraph (1)(B)(i)(I) beginning on the date specified
in subparagraph (B).
‘‘(B) DATE OF IMPLEMENTATION.—The date specified in
this subparagraph is the earlier of the date—
‘‘(i) on which the Secretary certifies that the parties
are at an impasse, or
‘‘(ii) which is 180 days after the date on which
the collective bargaining agreement described in
subparagraph (A) expires.
‘‘(8) FUNDING PLAN ADOPTION PERIOD.—For purposes of this
section, the term ‘funding plan adoption period’ means the
period beginning on the date of the certification under subsection (b)(3)(A) for the initial determination year and ending
on the day before the first day of the funding improvement
period.
‘‘(d) RULES FOR OPERATION OF PLAN DURING ADOPTION AND
IMPROVEMENT PERIODS.—
‘‘(1) SPECIAL RULES FOR PLAN ADOPTION PERIOD.—During
the funding plan adoption period—
‘‘(A) the plan sponsor may not accept a collective bargaining agreement or participation agreement with respect
to the multiemployer plan that provides for—
‘‘(i) a reduction in the level of contributions for
any participants,
‘‘(ii) a suspension of contributions with respect to
any period of service, or
‘‘(iii) any new direct or indirect exclusion of
younger or newly hired employees from plan participation,
‘‘(B) no amendment of the plan which increases the
liabilities of the plan by reason of any increase in benefits,
any change in the accrual of benefits, or any change in
the rate at which benefits become nonforfeitable under
the plan may be adopted unless the amendment is required
as a condition of qualification under part I of subchapter
D of chapter 1 of the Internal Revenue Code of 1986 or
to comply with other applicable law, and
‘‘(C) in the case of a plan in seriously endangered
status, the plan sponsor shall take all reasonable actions
which are consistent with the terms of the plan and
applicable law and which are expected, based on reasonable
assumptions, to achieve—
‘‘(i) an increase in the plan’s funded percentage,
and
‘‘(ii) postponement of an accumulated funding deficiency for at least 1 additional plan year.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00097

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 876

Deadlines.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Actions under subparagraph (C) include applications for extensions of amortization periods under section 304(d), use of the
shortfall funding method in making funding standard account
computations, amendments to the plan’s benefit structure,
reductions in future benefit accruals, and other reasonable
actions consistent with the terms of the plan and applicable
law.
‘‘(2) COMPLIANCE WITH FUNDING IMPROVEMENT PLAN.—
‘‘(A) IN GENERAL.—A plan may not be amended after
the date of the adoption of a funding improvement plan
so as to be inconsistent with the funding improvement
plan.
‘‘(B) NO REDUCTION IN CONTRIBUTIONS.—A plan sponsor
may not during any funding improvement period accept
a collective bargaining agreement or participation agreement with respect to the multiemployer plan that provides
for—
‘‘(i) a reduction in the level of contributions for
any participants,
‘‘(ii) a suspension of contributions with respect to
any period of service, or
‘‘(iii) any new direct or indirect exclusion of
younger or newly hired employees from plan participation.
‘‘(C) SPECIAL RULES FOR BENEFIT INCREASES.—A plan
may not be amended after the date of the adoption of
a funding improvement plan so as to increase benefits,
including future benefit accruals, unless the plan actuary
certifies that the benefit increase is consistent with the
funding improvement plan and is paid for out of contributions not required by the funding improvement plan to
meet the applicable benchmark in accordance with the
schedule contemplated in the funding improvement plan.
‘‘(e) REHABILITATION PLAN MUST BE ADOPTED FOR MULTIEMPLOYER PLANS IN CRITICAL STATUS.—
‘‘(1) IN GENERAL.—In any case in which a multiemployer
plan is in critical status for a plan year, the plan sponsor,
in accordance with this subsection—
‘‘(A) shall adopt a rehabilitation plan not later than
240 days following the required date for the actuarial certification of critical status under subsection (b)(3)(A), and
‘‘(B) within 30 days after the adoption of the rehabilitation plan—
‘‘(i) shall provide to the bargaining parties 1 or
more schedules showing revised benefit structures,
revised contribution structures, or both, which, if
adopted, may reasonably be expected to enable the
multiemployer plan to emerge from critical status in
accordance with the rehabilitation plan, and
‘‘(ii) may, if the plan sponsor deems appropriate,
prepare and provide the bargaining parties with additional information relating to contribution rates or benefit reductions, alternative schedules, or other information relevant to emerging from critical status in accordance with the rehabilitation plan.
The schedule or schedules described in subparagraph (B)(i)
shall reflect reductions in future benefit accruals and adjustable

Jkt 049139

PO 00280

Frm 00098

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 877

benefits, and increases in contributions, that the plan sponsor
determines are reasonably necessary to emerge from critical
status. One schedule shall be designated as the default schedule
and such schedule shall assume that there are no increases
in contributions under the plan other than the increases necessary to emerge from critical status after future benefit
accruals and other benefits (other than benefits the reduction
or elimination of which are not permitted under section 204(g))
have been reduced to the maximum extent permitted by law.
‘‘(2) EXCEPTION FOR YEARS AFTER PROCESS BEGINS.—Paragraph (1) shall not apply to a plan year if such year is in
a rehabilitation plan adoption period or rehabilitation period
by reason of the plan being in critical status for a preceding
plan year. For purposes of this section, such preceding plan
year shall be the initial critical year with respect to the
rehabilitation plan to which it relates.
‘‘(3) REHABILITATION PLAN.—For purposes of this section—
‘‘(A) IN GENERAL.—A rehabilitation plan is a plan which
consists of—
‘‘(i) actions, including options or a range of options
to be proposed to the bargaining parties, formulated,
based on reasonably anticipated experience and reasonable actuarial assumptions, to enable the plan to cease
to be in critical status by the end of the rehabilitation
period and may include reductions in plan expenditures
(including plan mergers and consolidations), reductions
in future benefit accruals or increases in contributions,
if agreed to by the bargaining parties, or any combination of such actions, or
‘‘(ii) if the plan sponsor determines that, based
on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan can not
reasonably be expected to emerge from critical status
by the end of the rehabilitation period, reasonable
measures to emerge from critical status at a later
time or to forestall possible insolvency (within the
meaning of section 4245).
A rehabilitation plan must provide annual standards for
meeting the requirements of such rehabilitation plan. Such
plan shall also include the schedules required to be provided under paragraph (1)(B)(i) and if clause (ii) applies,
shall set forth the alternatives considered, explain why
the plan is not reasonably expected to emerge from critical
status by the end of the rehabilitation period, and specify
when, if ever, the plan is expected to emerge from critical
status in accordance with the rehabilitation plan.
‘‘(B) UPDATES TO REHABILITATION PLAN AND SCHEDULES.—
‘‘(i) REHABILITATION PLAN.—The plan sponsor shall
annually update the rehabilitation plan and shall file
the update with the plan’s annual report under section
104.
‘‘(ii) SCHEDULES.—The plan sponsor shall annually
update any schedule of contribution rates provided
under this subsection to reflect the experience of the
plan.

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00099

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Standards.

APPS06

PsN: PUBL280

120 STAT. 878

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(iii) DURATION OF SCHEDULE.—A schedule of contribution rates provided by the plan sponsor and relied
upon by bargaining parties in negotiating a collective
bargaining agreement shall remain in effect for the
duration of that collective bargaining agreement.
‘‘(C) IMPOSITION OF DEFAULT SCHEDULE WHERE FAILURE
TO ADOPT REHABILITATION PLAN.—
‘‘(i) IN GENERAL.—If—
‘‘(I) a collective bargaining agreement providing for contributions under a multiemployer
plan that was in effect at the time the plan entered
critical status expires, and
‘‘(II) after receiving one or more schedules from
the plan sponsor under paragraph (1)(B), the bargaining parties with respect to such agreement
fail to adopt a contribution or benefit schedules
with terms consistent with the rehabilitation plan
and the schedule from the plan sponsor under
paragraph (1)(B)(i),
the plan sponsor shall implement the default schedule
described in the last sentence of paragraph (1) beginning on the date specified in clause (ii).
‘‘(ii) DATE OF IMPLEMENTATION.—The date specified
in this clause is the earlier of the date—
‘‘(I) on which the Secretary certifies that the
parties are at an impasse, or
‘‘(II) which is 180 days after the date on which
the collective bargaining agreement described in
clause (i) expires.
‘‘(4) REHABILITATION PERIOD.—For purposes of this section—
‘‘(A) IN GENERAL.—The rehabilitation period for a plan
in critical status is the 10-year period beginning on the
first day of the first plan year of the multiemployer plan
following the earlier of—
‘‘(i) the second anniversary of the date of the adoption of the rehabilitation plan, or
‘‘(ii) the expiration of the collective bargaining
agreements in effect on the date of the due date for
the actuarial certification of critical status for the initial critical year under subsection (a)(1) and covering,
as of such date at least 75 percent of the active participants in such multiemployer plan.
If a plan emerges from critical status as provided under
subparagraph (B) before the end of such 10-year period,
the rehabilitation period shall end with the plan year preceding the plan year for which the determination under
subparagraph (B) is made.
‘‘(B) EMERGENCE.—A plan in critical status shall
remain in such status until a plan year for which the
plan actuary certifies, in accordance with subsection
(b)(3)(A), that the plan is not projected to have an accumulated funding deficiency for the plan year or any of the
9 succeeding plan years, without regard to the use of the
shortfall method and taking into account any extension
of amortization periods under section 304(d).

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00100

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 879

‘‘(5) REHABILITATION PLAN ADOPTION PERIOD.—For purposes
of this section, the term ‘rehabilitation plan adoption period’
means the period beginning on the date of the certification
under subsection (b)(3)(A) for the initial critical year and ending
on the day before the first day of the rehabilitation period.
‘‘(6) LIMITATION ON REDUCTION IN RATES OF FUTURE
ACCRUALS.—Any reduction in the rate of future accruals under
the default schedule described in paragraph (1)(B)(i) shall not
reduce the rate of future accruals below—
‘‘(A) a monthly benefit (payable as a single life annuity
commencing at the participant’s normal retirement age)
equal to 1 percent of the contributions required to be made
with respect to a participant, or the equivalent standard
accrual rate for a participant or group of participants under
the collective bargaining agreements in effect as of the
first day of the initial critical year, or
‘‘(B) if lower, the accrual rate under the plan on such
first day.
The equivalent standard accrual rate shall be determined by
the plan sponsor based on the standard or average contribution
base units which the plan sponsor determines to be representative for active participants and such other factors as the plan
sponsor determines to be relevant. Nothing in this paragraph
shall be construed as limiting the ability of the plan sponsor
to prepare and provide the bargaining parties with alternative
schedules to the default schedule that established lower or
higher accrual and contribution rates than the rates otherwise
described in this paragraph.
‘‘(7) AUTOMATIC EMPLOYER SURCHARGE.—
‘‘(A) IMPOSITION OF SURCHARGE.—Each employer otherwise obligated to make contributions for the initial critical
year shall be obligated to pay to the plan for such year
a surcharge equal to 5 percent of the contributions otherwise required under the applicable collective bargaining
agreement (or other agreement pursuant to which the
employer contributes). For each succeeding plan year in
which the plan is in critical status for a consecutive period
of years beginning with the initial critical year, the surcharge shall be 10 percent of the contributions otherwise
so required.
‘‘(B) ENFORCEMENT OF SURCHARGE.—The surcharges
under subparagraph (A) shall be due and payable on the
same schedule as the contributions on which the surcharges
are based. Any failure to make a surcharge payment shall
be treated as a delinquent contribution under section 515
and shall be enforceable as such.
‘‘(C) SURCHARGE TO TERMINATE UPON COLLECTIVE BARGAINING
AGREEMENT
RENEGOTIATION.—The
surcharge
under this paragraph shall cease to be effective with respect
to employees covered by a collective bargaining agreement
(or other agreement pursuant to which the employer
contributes), beginning on the effective date of a collective
bargaining agreement (or other such agreement) that
includes terms consistent with a schedule presented by
the plan sponsor under paragraph (1)(B)(i), as modified
under subparagraph (B) of paragraph (3).

VerDate 14-DEC-2004

12:50 Aug 31, 2006

Jkt 049139

PO 00280

Frm 00101

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 880

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(D) SURCHARGE NOT TO APPLY UNTIL EMPLOYER
RECEIVES NOTICE.—The surcharge under this paragraph
shall not apply to an employer until 30 days after the
employer has been notified by the plan sponsor that the
plan is in critical status and that the surcharge is in
effect.
‘‘(E) SURCHARGE NOT TO GENERATE INCREASED BENEFIT
ACCRUALS.—Notwithstanding any provision of a plan to
the contrary, the amount of any surcharge under this paragraph shall not be the basis for any benefit accrual under
the plan.
‘‘(8) BENEFIT ADJUSTMENTS.—
‘‘(A) ADJUSTABLE BENEFITS.—
‘‘(i) IN GENERAL.—Notwithstanding section 204(g),
the plan sponsor shall, subject to the notice requirements in subparagraph (C), make any reductions to
adjustable benefits which the plan sponsor deems
appropriate, based upon the outcome of collective bargaining over the schedule or schedules provided under
paragraph (1)(B)(i).
‘‘(ii) EXCEPTION FOR RETIREES.—Except in the case
of adjustable benefits described in clause (iv)(III), the
plan sponsor of a plan in critical status shall not reduce
adjustable benefits of any participant or beneficiary
whose benefit commencement date is before the date
on which the plan provides notice to the participant
or beneficiary under subsection (b)(3)(D) for the initial
critical year.
‘‘(iii) PLAN SPONSOR FLEXIBILITY.—The plan
sponsor shall include in the schedules provided to the
bargaining parties an allowance for funding the benefits of participants with respect to whom contributions
are not currently required to be made, and shall reduce
their benefits to the extent permitted under this title
and considered appropriate by the plan sponsor based
on the plan’s then current overall funding status.
‘‘(iv) ADJUSTABLE BENEFIT DEFINED.—For purposes
of this paragraph, the term ‘adjustable benefit’
means—
‘‘(I) benefits, rights, and features under the
plan, including post-retirement death benefits, 60month guarantees, disability benefits not yet in
pay status, and similar benefits,
‘‘(II) any early retirement benefit or retirement-type subsidy (within the meaning of section
204(g)(2)(A)) and any benefit payment option
(other than the qualified joint and survivor
annuity), and
‘‘(III) benefit increases that would not be
eligible for a guarantee under section 4022A on
the first day of initial critical year because the
increases were adopted (or, if later, took effect)
less than 60 months before such first day.
‘‘(B) NORMAL RETIREMENT BENEFITS PROTECTED.—
Except as provided in subparagraph (A)(iv)(III), nothing
in this paragraph shall be construed to permit a plan

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00102

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 881

to reduce the level of a participant’s accrued benefit payable
at normal retirement age.
‘‘(C) NOTICE REQUIREMENTS.—
‘‘(i) IN GENERAL.—No reduction may be made to
adjustable benefits under subparagraph (A) unless
notice of such reduction has been given at least 30
days before the general effective date of such reduction
for all participants and beneficiaries to—
‘‘(I) plan participants and beneficiaries,
‘‘(II) each employer who has an obligation to
contribute (within the meaning of section 4212(a))
under the plan, and
‘‘(III) each employee organization which, for
purposes of collective bargaining, represents plan
participants employed by such an employer.
‘‘(ii) CONTENT OF NOTICE.—The notice under clause
(i) shall contain—
‘‘(I) sufficient information to enable participants and beneficiaries to understand the effect
of any reduction on their benefits, including an
estimate (on an annual or monthly basis) of any
affected adjustable benefit that a participant or
beneficiary would otherwise have been eligible for
as of the general effective date described in clause
(i), and
‘‘(II) information as to the rights and remedies
of plan participants and beneficiaries as well as
how to contact the Department of Labor for further
information and assistance where appropriate.
‘‘(iii) FORM AND MANNER.—Any notice under clause
(i)—
‘‘(I) shall be provided in a form and manner
prescribed in regulations of the Secretary,
‘‘(II) shall be written in a manner so as to
be understood by the average plan participant,
and
‘‘(III) may be provided in written, electronic,
or other appropriate form to the extent such form
is reasonably accessible to persons to whom the
notice is required to be provided.
The Secretary shall in the regulations prescribed under
subclause (I) establish a model notice that a plan
sponsor may use to meet the requirements of this
subparagraph.
‘‘(9) ADJUSTMENTS DISREGARDED IN WITHDRAWAL LIABILITY
DETERMINATION.—
‘‘(A) BENEFIT REDUCTIONS.—Any benefit reductions
under this subsection shall be disregarded in determining
a plan’s unfunded vested benefits for purposes of determining an employer’s withdrawal liability under section
4201.
‘‘(B) SURCHARGES.—Any surcharges under paragraph
(7) shall be disregarded in determining an employer’s withdrawal liability under section 4211, except for purposes
of determining the unfunded vested benefits attributable
to an employer under section 4211(c)(4) or a comparable
method approved under section 4211(c)(5).

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00103

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

Regulations.

Regulations.

APPS06

PsN: PUBL280

120 STAT. 882

Effective date.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(C) SIMPLIFIED CALCULATIONS.—The Pension Benefit
Guaranty Corporation shall prescribe simplified methods
for the application of this paragraph in determining withdrawal liability.
‘‘(f) RULES FOR OPERATION OF PLAN DURING ADOPTION AND
REHABILITATION PERIOD.—
‘‘(1) COMPLIANCE WITH REHABILITATION PLAN.—
‘‘(A) IN GENERAL.—A plan may not be amended after
the date of the adoption of a rehabilitation plan under
subsection (e) so as to be inconsistent with the rehabilitation plan.
‘‘(B) SPECIAL RULES FOR BENEFIT INCREASES.—A plan
may not be amended after the date of the adoption of
a rehabilitation plan under subsection (e) so as to increase
benefits, including future benefit accruals, unless the plan
actuary certifies that such increase is paid for out of additional contributions not contemplated by the rehabilitation
plan, and, after taking into account the benefit increase,
the multiemployer plan still is reasonably expected to
emerge from critical status by the end of the rehabilitation
period on the schedule contemplated in the rehabilitation
plan.
‘‘(2) RESTRICTION ON LUMP SUMS AND SIMILAR BENEFITS.—
‘‘(A) IN GENERAL.—Effective on the date the notice
of certification of the plan’s critical status for the initial
critical year under subsection (b)(3)(D) is sent, and notwithstanding section 204(g), the plan shall not pay—
‘‘(i) any payment, in excess of the monthly amount
paid under a single life annuity (plus any social security supplements described in the last sentence of section 204(b)(1)(G)),
‘‘(ii) any payment for the purchase of an irrevocable
commitment from an insurer to pay benefits, and
‘‘(iii) any other payment specified by the Secretary
of the Treasury by regulations.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
to a benefit which under section 203(e) may be immediately
distributed without the consent of the participant or to
any makeup payment in the case of a retroactive annuity
starting date or any similar payment of benefits owed
with respect to a prior period.
‘‘(3) ADJUSTMENTS DISREGARDED IN WITHDRAWAL LIABILITY
DETERMINATION.—Any benefit reductions under this subsection
shall be disregarded in determining a plan’s unfunded vested
benefits for purposes of determining an employer’s withdrawal
liability under section 4201.
‘‘(4) SPECIAL RULES FOR PLAN ADOPTION PERIOD.—During
the rehabilitation plan adoption period—
‘‘(A) the plan sponsor may not accept a collective bargaining agreement or participation agreement with respect
to the multiemployer plan that provides for—
‘‘(i) a reduction in the level of contributions for
any participants,
‘‘(ii) a suspension of contributions with respect to
any period of service, or

Jkt 049139

PO 00280

Frm 00104

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 883

‘‘(iii) any new direct or indirect exclusion of
younger or newly hired employees from plan participation, and
‘‘(B) no amendment of the plan which increases the
liabilities of the plan by reason of any increase in benefits,
any change in the accrual of benefits, or any change in
the rate at which benefits become nonforfeitable under
the plan may be adopted unless the amendment is required
as a condition of qualification under part I of subchapter
D of chapter 1 of the Internal Revenue Code of 1986 or
to comply with other applicable law.
‘‘(g) EXPEDITED RESOLUTION OF PLAN SPONSOR DECISIONS.—
If, within 60 days of the due date for adoption of a funding improvement plan or a rehabilitation plan under subsection (e), the plan
sponsor of a plan in endangered status or a plan in critical status
has not agreed on a funding improvement plan or rehabilitation
plan, then any member of the board or group that constitutes
the plan sponsor may require that the plan sponsor enter into
an expedited dispute resolution procedure for the development and
adoption of a funding improvement plan or rehabilitation plan.
‘‘(h) NONBARGAINED PARTICIPATION.—
‘‘(1) BOTH BARGAINED AND NONBARGAINED EMPLOYEEPARTICIPANTS.—In the case of an employer that contributes
to a multiemployer plan with respect to both employees who
are covered by one or more collective bargaining agreements
and employees who are not so covered, if the plan is in endangered status or in critical status, benefits of and contributions
for the nonbargained employees, including surcharges on those
contributions, shall be determined as if those nonbargained
employees were covered under the first to expire of the
employer’s collective bargaining agreements in effect when the
plan entered endangered or critical status.
‘‘(2) NONBARGAINED EMPLOYEES ONLY.—In the case of an
employer that contributes to a multiemployer plan only with
respect to employees who are not covered by a collective bargaining agreement, this section shall be applied as if the
employer were the bargaining party, and its participation agreement with the plan were a collective bargaining agreement
with a term ending on the first day of the plan year beginning
after the employer is provided the schedule or schedules
described in subsections (c) and (e).
‘‘(i) DEFINITIONS; ACTUARIAL METHOD.—For purposes of this
section—
‘‘(1) BARGAINING PARTY.—The term ‘bargaining party’
means—
‘‘(A)(i) except as provided in clause (ii), an employer
who has an obligation to contribute under the plan; or
‘‘(ii) in the case of a plan described under section
404(c) of the Internal Revenue Code of 1986, or a continuation of such a plan, the association of employers that
is the employer settlor of the plan; and
‘‘(B) an employee organization which, for purposes of
collective bargaining, represents plan participants
employed by an employer who has an obligation to contribute under the plan.
‘‘(2) FUNDED PERCENTAGE.—The term ‘funded percentage’
means the percentage equal to a fraction—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00105

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 884

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(A) the numerator of which is the value of the plan’s
assets, as determined under section 304(c)(2), and
‘‘(B) the denominator of which is the accrued liability
of the plan, determined using actuarial assumptions
described in section 304(c)(3).
‘‘(3) ACCUMULATED FUNDING DEFICIENCY.—The term
‘accumulated funding deficiency’ has the meaning given such
term in section 304(a).
‘‘(4) ACTIVE PARTICIPANT.—The term ‘active participant’
means, in connection with a multiemployer plan, a participant
who is in covered service under the plan.
‘‘(5) INACTIVE PARTICIPANT.—The term ‘inactive participant’
means, in connection with a multiemployer plan, a participant,
or the beneficiary or alternate payee of a participant, who—
‘‘(A) is not in covered service under the plan, and
‘‘(B) is in pay status under the plan or has a nonforfeitable right to benefits under the plan.
‘‘(6) PAY STATUS.—A person is in pay status under a multiemployer plan if—
‘‘(A) at any time during the current plan year, such
person is a participant or beneficiary under the plan and
is paid an early, late, normal, or disability retirement benefit under the plan (or a death benefit under the plan
related to a retirement benefit), or
‘‘(B) to the extent provided in regulations of the Secretary of the Treasury, such person is entitled to such
a benefit under the plan.
‘‘(7) OBLIGATION TO CONTRIBUTE.—The term ‘obligation to
contribute’ has the meaning given such term under section
4212(a).
‘‘(8) ACTUARIAL METHOD.—Notwithstanding any other
provision of this section, the actuary’s determinations with
respect to a plan’s normal cost, actuarial accrued liability, and
improvements in a plan’s funded percentage under this section
shall be based upon the unit credit funding method (whether
or not that method is used for the plan’s actuarial valuation).
‘‘(9) PLAN SPONSOR.—In the case of a plan described under
section 404(c) of the Internal Revenue Code of 1986, or a
continuation of such a plan, the term ‘plan sponsor’ means
the bargaining parties described under paragraph (1).
‘‘(10) BENEFIT COMMENCEMENT DATE.—The term ‘benefit
commencement date’ means the annuity starting date (or in
the case of a retroactive annuity starting date, the date on
which benefit payments begin).’’.
(b) ENFORCEMENT.—Section 502 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1132) is amended—
(1) in subsection (a)(6) by striking ‘‘(6), or (7)’’ and inserting
‘‘(6), (7), or (8)’’;
(2) by redesignating subsection (c)(8) as subsection (c)(9);
and
(3) by inserting after subsection (c)(7) the following new
paragraph:
‘‘(8) The Secretary may assess against any plan sponsor
of a multiemployer plan a civil penalty of not more than $1,100
per day—
‘‘(A) for each violation by such sponsor of the requirement under section 305 to adopt by the deadline established

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00106

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 885

in that section a funding improvement plan or rehabilitation plan with respect to a multiemployer which is in
endangered or critical status, or
‘‘(B) in the case of a plan in endangered status which
is not in seriously endangered status, for failure by the
plan to meet the applicable benchmarks under section 305
by the end of the funding improvement period with respect
to the plan.’’.
(c) CAUSE OF ACTION TO COMPEL ADOPTION OR IMPLEMENTATION OF FUNDING IMPROVEMENT OR REHABILITATION PLAN.—Section
502(a) of the Employee Retirement Income Security Act of 1974
is amended by striking ‘‘or’’ at the end of paragraph (8), by striking
the period at the end of paragraph (9) and inserting ‘‘; or’’ and
by adding at the end the following:
‘‘(10) in the case of a multiemployer plan that has been
certified by the actuary to be in endangered or critical status
under section 305, if the plan sponsor—
‘‘(A) has not adopted a funding improvement or
rehabilitation plan under that section by the deadline
established in such section, or
‘‘(B) fails to update or comply with the terms of the
funding improvement or rehabilitation plan in accordance
with the requirements of such section,
by an employer that has an obligation to contribute with respect
to the multiemployer plan or an employee organization that
represents active participants in the multiemployer plan, for
an order compelling the plan sponsor to adopt a funding
improvement or rehabilitation plan or to update or comply
with the terms of the funding improvement or rehabilitation
plan in accordance with the requirements of such section and
the funding improvement or rehabilitation plan.’’.
(d) NO ADDITIONAL CONTRIBUTIONS REQUIRED.—Section 302(b)
of the Employee Retirement Income Security Act of 1974, as
amended by this Act, is amended by adding at the end the following
new paragraph:
‘‘(3) MULTIEMPLOYER PLANS IN CRITICAL STATUS.—Paragraph (1) shall not apply in the case of a multiemployer plan
for any plan year in which the plan is in critical status pursuant
to section 305. This paragraph shall only apply if the plan
adopts a rehabilitation plan in accordance with section 305(e)
and complies with the terms of such rehabilitation plan (and
any updates or modifications of the plan).’’.
(e) CONFORMING AMENDMENT.—The table of contents in section
1 of such Act (as amended by the preceding provisions of this
Act) is amended by inserting after the item relating to section
304 the following new item:

29 USC 1132.

29 USC 1082.

‘‘Sec. 305. Additional funding rules for multiemployer plans in endangered status
or critical status.’’.

(f) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply with respect to plan years beginning after 2007.
(2) SPECIAL RULE FOR CERTAIN NOTICES.—In any case in
which a plan’s actuary certifies that it is reasonably expected
that a multiemployer plan will be in critical status under
section 305(b)(3) of the Employee Retirement Income Security
Act of 1974, as added by this section, with respect to the
first plan year beginning after 2007, the notice required under

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00107

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1082
note.

APPS06

PsN: PUBL280

120 STAT. 886

PUBLIC LAW 109–280—AUG. 17, 2006
subparagraph (D) of such section may be provided at any time
after the date of enactment, so long as it is provided on or
before the last date for providing the notice under such subparagraph.
(3) SPECIAL RULE FOR CERTAIN RESTORED BENEFITS.—In
the case of a multiemployer plan—
(A) with respect to which benefits were reduced pursuant to a plan amendment adopted on or after January
1, 2002, and before June 30, 2005, and
(B) which, pursuant to the plan document, the trust
agreement, or a formal written communication from the
plan sponsor to participants provided before June 30, 2005,
provided for the restoration of such benefits,
the amendments made by this section shall not apply to such
benefit restorations to the extent that any restriction on the
providing or accrual of such benefits would otherwise apply
by reason of such amendments.

SEC. 203. MEASURES TO FORESTALL INSOLVENCY OF MULTIEMPLOYER PLANS.

29 USC 1426
note.

(a) ADVANCE DETERMINATION OF IMPENDING INSOLVENCY OVER
5 YEARS.—Section 4245(d)(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1426(d)(1)) is amended—
(1) by striking ‘‘3 plan years’’ the second place it appears
and inserting ‘‘5 plan years’’; and
(2) by adding at the end the following new sentence: ‘‘If
the plan sponsor makes such a determination that the plan
will be insolvent in any of the next 5 plan years, the plan
sponsor shall make the comparison under this paragraph at
least annually until the plan sponsor makes a determination
that the plan will not be insolvent in any of the next 5 plan
years.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to determinations made in plan years
beginning after 2007.
SEC. 204. WITHDRAWAL LIABILITY REFORMS.

(a) UPDATE OF RULES RELATING TO LIMITATIONS ON WITHLIABILITY.—
(1) INCREASE IN LIMITS.—Section 4225(a)(2) of such Act
(29 U.S.C. 1405(a)(2)) is amended by striking the table contained therein and inserting the following new table:

DRAWAL

‘‘If the liquidation or distribution value of the employer after the sale or exchange is—

The portion is—

Not more than $5,000,000 ....................................................... 30 percent of the amount.
More than $5,000,000, but not more than $10,000,000 ........ $1,500,000, plus 35 percent
the amount in excess
$5,000,000.
More than $10,000,000, but not more than $15,000,000 ...... $3,250,000, plus 40 percent
the amount in excess
$10,000,000.
More than $15,000,000, but not more than $17,500,000 ...... $5,250,000, plus 45 percent
the amount in excess
$15,000,000.
More than $17,500,000, but not more than $20,000,000 ...... $6,375,000, plus 50 percent
the amount in excess
$17,500,000.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00108

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

of
of
of
of
of
of
of
of

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘If the liquidation or distribution value of the employer after the sale or exchange is—

120 STAT. 887

The portion is—

More than $20,000,000, but not more than $22,500,000 ...... $7,625,000, plus 60 percent
the amount in excess
$20,000,000.
More than $22,500,000, but not more than $25,000,000 ...... $9,125,000, plus 70 percent
the amount in excess
$22,500,000.
More than $25,000,000 ............................................................ $10,875,000, plus 80 percent
the amount in excess
$25,000,000.’’.

of
of
of
of
of
of

(2) PLANS USING ATTRIBUTABLE METHOD.—Section
4225(a)(1)(B) of such Act (29 U.S.C. 1405(a)(1)(B)) is amended
to read as follows:
‘‘(B) in the case of a plan using the attributable method
of allocating withdrawal liability, the unfunded vested
benefits attributable to employees of the employer.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to sales occurring on or after January 1,
2007.
(b) WITHDRAWAL LIABILITY CONTINUES IF WORK CONTRACTED
OUT.—
(1) IN GENERAL.—Clause (i) of section 4205(b)(2)(A) of such
Act (29 U.S.C. 1385(b)(2)(A)) is amended by inserting ‘‘or to
an entity or entities owned or controlled by the employer’’
after ‘‘to another location’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply with respect to work transferred on or
after the date of the enactment of this Act.
(c) APPLICATION OF RULES TO PLANS PRIMARILY COVERING
EMPLOYEES IN THE BUILDING AND CONSTRUCTION INDUSTRY.—
(1) IN GENERAL.—Section 4210(b) of such Act (29 U.S.C.
1390(b)) is amended—
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(2) FRESH START OPTION.—Section 4211(c)(5) of such Act
(29 U.S.C. 1391(c)(5)) is amended by adding at the end the
following new subparagraph:
‘‘(E) FRESH START OPTION.—Notwithstanding paragraph (1), a plan may be amended to provide that the
withdrawal liability method described in subsection (b)
shall be applied by substituting the plan year which is
specified in the amendment and for which the plan has
no unfunded vested benefits for the plan year ending before
September 26, 1980.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to plan withdrawals occurring
on or after January 1, 2007.
(d) PROCEDURES APPLICABLE TO DISPUTES INVOLVING PENSION
PLAN WITHDRAWAL LIABILITY.—
(1) 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:
‘‘(g) PROCEDURES APPLICABLE TO CERTAIN DISPUTES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) a plan sponsor of a plan determines that—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00109

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1405
note.

29 USC 1385
note.

29 USC 1390
note.

APPS06

PsN: PUBL280

120 STAT. 888

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(i) a complete or partial withdrawal of an
employer has occurred, or
‘‘(ii) an employer is liable for withdrawal liability
payments with respect to such complete or partial withdrawal, and
‘‘(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 any transaction which occurred
after December 31, 1998, and at least 5 years (2 years
in the case of a small employer) before the date of the
complete or partial withdrawal was to evade or avoid withdrawal liability under this subtitle,
then the person against which the withdrawal liability is
assessed based solely on the application of section 4212(c) may
elect to use the special rule under paragraph (2) in applying
subsection (d) of this section and section 4219(c) to such person.
‘‘(2) SPECIAL RULE.—Notwithstanding subsection (d) and
section 4219(c), if an electing person contests the plan sponsor’s
determination with respect to withdrawal liability payments
under paragraph (1) through an arbitration proceeding pursuant to subsection (a), through an action brought in a court
of competent jurisdiction for review of such an arbitration decision, or as otherwise permitted by law, the electing person
shall not be obligated to make the withdrawal liability payments until a final decision in the arbitration proceeding, or
in court, upholds the plan sponsor’s determination, but only
if the electing person—
‘‘(A) provides notice to the plan sponsor of its election
to apply the special rule in this paragraph within 90 days
after the plan sponsor notifies the electing person of its
liability by reason of the application of section 4212(c);
and
‘‘(B) if a final decision in the arbitration proceeding,
or in court, of the withdrawal liability dispute has not
been rendered within 12 months from the date of such
notice, the electing person provides to the plan, effective
as of the first day following the 12-month period, a bond
issued by a corporate surety company that is an acceptable
surety for purposes of section 412 of this Act, or an amount
held in escrow by a bank or similar financial institution
satisfactory to the plan, in an amount equal to the sum
of the withdrawal liability payments that would otherwise
be due under subsection (d) and section 4219(c) for the
12-month period beginning with the first anniversary of
such notice. Such bond or escrow shall remain in effect
until there is a final decision in the arbitration proceeding,
or in court, of the withdrawal liability dispute, at which
time such bond or escrow shall be paid to the plan if
such final decision upholds the plan sponsor’s determination.
‘‘(3) DEFINITION OF SMALL EMPLOYER.—For purposes of this
subsection—
‘‘(A) IN GENERAL.—The term ‘small employer’ means
any employer which, for the calendar year in which the
transaction referred to in paragraph (1)(B) occurred and
for each of the 3 preceding years, on average—
‘‘(i) employs not more than 500 employees, and

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00110

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 889

‘‘(ii) is required to make contributions to the plan
for not more than 250 employees.
‘‘(B) CONTROLLED GROUP.—Any group treated as a
single employer under subsection (b)(1) of section 4001,
without regard to any transaction that was a basis for
the plan’s finding under section 4212, shall be treated
as a single employer for purposes of this subparagraph.
‘‘(4) ADDITIONAL SECURITY PENDING RESOLUTION OF DISPUTE.—If a withdrawal liability dispute to which this subsection
applies is not concluded by 12 months after the electing person
posts the bond or escrow described in paragraph (2), the electing
person shall, at the start of each succeeding 12-month period,
provide an additional bond or amount held in escrow equal
to the sum of the withdrawal liability payments that would
otherwise be payable to the plan during that period.
‘‘(5) The liability of the party furnishing a bond or escrow
under this subsection shall be reduced, upon the payment of
the bond or escrow to the plan, by the amount thereof.’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to any person that receives a notification
under section 4219(b)(1) of the Employee Retirement Income
Security Act of 1974 on or after the date of enactment of
this Act with respect to a transaction that occurred after
December 31, 1998.

29 USC 1401
note.

SEC. 205. PROHIBITION ON RETALIATION AGAINST EMPLOYERS EXERCISING THEIR RIGHTS TO PETITION THE FEDERAL
GOVERNMENT.

Section 510 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1140) is amended by inserting before the last
sentence thereof the following new sentence: ‘‘In the case of a
multiemployer plan, it shall be unlawful for the plan sponsor or
any other person to discriminate against any contributing employer
for exercising rights under this Act or for giving information or
testifying in any inquiry or proceeding relating to this Act before
Congress.’’.
SEC. 206. SPECIAL RULE FOR CERTAIN BENEFITS FUNDED UNDER
AN AGREEMENT APPROVED BY THE PENSION BENEFIT
GUARANTY CORPORATION.

26 USC 412 note.

In the case of a multiemployer plan that is a party to an
agreement that was approved by the Pension Benefit Guaranty
Corporation prior to June 30, 2005, and that—
(1) increases benefits, and
(2) provides for special withdrawal liability rules under
section 4203(f) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1383),
the amendments made by sections 201, 202, 211, and 212 of this
Act shall not apply to the benefit increases under any plan amendment adopted prior to June 30, 2005, that are funded pursuant
to such agreement if the plan is funded in compliance with such
agreement (and any amendments thereto).

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00111

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 890

PUBLIC LAW 109–280—AUG. 17, 2006

Subtitle B—Amendments to Internal
Revenue Code of 1986
SEC. 211. FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT
PLANS.

(a) IN GENERAL.—Subpart A of part III of subchapter D of
chapter 1 of the Internal Revenue Code of 1986 (as added by
this Act) is amended by inserting after section 430 the following
new section:
26 USC 431.

‘‘SEC. 431. MINIMUM FUNDING STANDARDS FOR MULTIEMPLOYER
PLANS.

‘‘(a) IN GENERAL.—For purposes of section 412, the accumulated
funding deficiency of a multiemployer plan for any plan year is—
‘‘(1) except as provided in paragraph (2), the amount, determined as of the end of the plan year, equal to the excess
(if any) of the total charges to the funding standard account
of the plan for all plan years (beginning with the first plan
year for which this part applies to the plan) over the total
credits to such account for such years, and
‘‘(2) if the multiemployer plan is in reorganization for any
plan year, the accumulated funding deficiency of the plan determined under section 4243 of the Employee Retirement Income
Security Act of 1974.
‘‘(b) FUNDING STANDARD ACCOUNT.—
‘‘(1) ACCOUNT REQUIRED.—Each multiemployer plan to
which this part applies shall establish and maintain a funding
standard account. Such account shall be credited and charged
solely as provided in this section.
‘‘(2) CHARGES TO ACCOUNT.—For a plan year, the funding
standard account shall be charged with the sum of—
‘‘(A) the normal cost of the plan for the plan year,
‘‘(B) the amounts necessary to amortize in equal annual
installments (until fully amortized)—
‘‘(i) in the case of a plan which comes into existence
on or after January 1, 2008, the unfunded past service
liability under the plan on the first day of the first
plan year to which this section applies, over a period
of 15 plan years,
‘‘(ii) separately, with respect to each plan year,
the net increase (if any) in unfunded past service
liability under the plan arising from plan amendments
adopted in such year, over a period of 15 plan years,
‘‘(iii) separately, with respect to each plan year,
the net experience loss (if any) under the plan, over
a period of 15 plan years, and
‘‘(iv) separately, with respect to each plan year,
the net loss (if any) resulting from changes in actuarial
assumptions used under the plan, over a period of
15 plan years,
‘‘(C) the amount necessary to amortize each waived
funding deficiency (within the meaning of section 412(c)(3))
for each prior plan year in equal annual installments (until
fully amortized) over a period of 15 plan years,
‘‘(D) the amount necessary to amortize in equal annual
installments (until fully amortized) over a period of 5 plan

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00112

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 891

years any amount credited to the funding standard account
under section 412(b)(3)(D) (as in effect on the day before
the date of the enactment of the Pension Protection Act
of 2006), and
‘‘(E) the amount necessary to amortize in equal annual
installments (until fully amortized) over a period of 20
years the contributions which would be required to be
made under the plan but for the provisions of section
412(c)(7)(A)(i)(I) (as in effect on the day before the date
of the enactment of the Pension Protection Act of 2006).
‘‘(3) CREDITS TO ACCOUNT.—For a plan year, the funding
standard account shall be credited with the sum of—
‘‘(A) the amount considered contributed by the
employer to or under the plan for the plan year,
‘‘(B) the amount necessary to amortize in equal annual
installments (until fully amortized)—
‘‘(i) separately, with respect to each plan year,
the net decrease (if any) in unfunded past service
liability under the plan arising from plan amendments
adopted in such year, over a period of 15 plan years,
‘‘(ii) separately, with respect to each plan year,
the net experience gain (if any) under the plan, over
a period of 15 plan years, and
‘‘(iii) separately, with respect to each plan year,
the net gain (if any) resulting from changes in actuarial
assumptions used under the plan, over a period of
15 plan years,
‘‘(C) the amount of the waived funding deficiency
(within the meaning of section 412(c)(3)) for the plan year,
and
‘‘(D) in the case of a plan year for which the accumulated funding deficiency is determined under the funding
standard account if such plan year follows a plan year
for which such deficiency was determined under the alternative minimum funding standard under section 412(g)
(as in effect on the day before the date of the enactment
of the Pension Protection Act of 2006), the excess (if any)
of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit
balance in the alternative minimum funding standard
account.
‘‘(4) SPECIAL RULE FOR AMOUNTS FIRST AMORTIZED IN PLAN
YEARS BEFORE 2008.—In the case of any amount amortized
under section 412(b) (as in effect on the day before the date
of the enactment of the Pension Protection Act of 2006) over
any period beginning with a plan year beginning before 2008
in lieu of the amortization described in paragraphs (2)(B) and
(3)(B), such amount shall continue to be amortized under such
section as so in effect.
‘‘(5) COMBINING AND OFFSETTING AMOUNTS TO BE AMORTIZED.—Under regulations prescribed by the Secretary, amounts
required to be amortized under paragraph (2) or paragraph
(3), as the case may be—
‘‘(A) may be combined into one amount under such
paragraph to be amortized over a period determined on
the basis of the remaining amortization period for all items
entering into such combined amount, and

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00113

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Regulations.

APPS06

PsN: PUBL280

120 STAT. 892

‘‘(B) may be offset against amounts required to be
amortized under the other such paragraph, with the
resulting amount to be amortized over a period determined
on the basis of the remaining amortization periods for
all items entering into whichever of the two amounts being
offset is the greater.
‘‘(6) INTEREST.—The funding standard account (and items
therein) shall be charged or credited (as determined under
regulations prescribed by the Secretary of the Treasury) with
interest at the appropriate rate consistent with the rate or
rates of interest used under the plan to determine costs.
‘‘(7) SPECIAL RULES RELATING TO CHARGES AND CREDITS
TO FUNDING STANDARD ACCOUNT.—For purposes of this part—
‘‘(A) WITHDRAWAL LIABILITY.—Any amount received by
a multiemployer plan in payment of all or part of an
employer’s withdrawal liability under part 1 of subtitle
E of title IV of the Employee Retirement Income Security
Act of 1974 shall be considered an amount contributed
by the employer to or under the plan. The Secretary may
prescribe by regulation additional charges and credits to
a multiemployer plan’s funding standard account to the
extent necessary to prevent withdrawal liability payments
from being unduly reflected as advance funding for plan
liabilities.
‘‘(B) ADJUSTMENTS WHEN A MULTIEMPLOYER PLAN
LEAVES REORGANIZATION.—If a multiemployer plan is not
in reorganization in the plan year but was in reorganization
in the immediately preceding plan year, any balance in
the funding standard account at the close of such immediately preceding plan year—
‘‘(i) shall be eliminated by an offsetting credit or
charge (as the case may be), but
‘‘(ii) shall be taken into account in subsequent
plan years by being amortized in equal annual installments (until fully amortized) over 30 plan years.
The preceding sentence shall not apply to the extent of
any accumulated funding deficiency under section 4243(a)
of such Act as of the end of the last plan year that the
plan was in reorganization.
‘‘(C) PLAN PAYMENTS TO SUPPLEMENTAL PROGRAM OR
WITHDRAWAL LIABILITY PAYMENT FUND.—Any amount paid
by a plan during a plan year to the Pension Benefit Guaranty Corporation pursuant to section 4222 of such Act
or to a fund exempt under section 501(c)(22) pursuant
to section 4223 of such Act shall reduce the amount of
contributions considered received by the plan for the plan
year.
‘‘(D) INTERIM WITHDRAWAL LIABILITY PAYMENTS.—Any
amount paid by an employer pending a final determination
of the employer’s withdrawal liability under part 1 of subtitle E of title IV of such Act and subsequently refunded
to the employer by the plan shall be charged to the funding
standard account in accordance with regulations prescribed
by the Secretary.
‘‘(E) ELECTION FOR DEFERRAL OF CHARGE FOR PORTION
OF NET EXPERIENCE LOSS.—If an election is in effect under
section 412(b)(7)(F) (as in effect on the day before the

Regulations.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00114

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 893

date of the enactment of the Pension Protection Act of
2006) for any plan year, the funding standard account
shall be charged in the plan year to which the portion
of the net experience loss deferred by such election was
deferred with the amount so deferred (and paragraph
(2)(B)(iii) shall not apply to the amount so charged).
‘‘(F) FINANCIAL ASSISTANCE.—Any amount of any financial assistance from the Pension Benefit Guaranty Corporation to any plan, and any repayment of such amount,
shall be taken into account under this section and section
412 in such manner as is determined by the Secretary.
‘‘(G) SHORT-TERM BENEFITS.—To the extent that any
plan amendment increases the unfunded past service
liability under the plan by reason of an increase in benefits
which are not payable as a life annuity but are payable
under the terms of the plan for a period that does not
exceed 14 years from the effective date of the amendment,
paragraph (2)(B)(ii) shall be applied separately with respect
to such increase in unfunded past service liability by substituting the number of years of the period during which
such benefits are payable for ‘15’.
‘‘(c) ADDITIONAL RULES.—
‘‘(1) DETERMINATIONS TO BE MADE UNDER FUNDING
METHOD.—For purposes of this part, normal costs, accrued
liability, past service liabilities, and experience gains and losses
shall be determined under the funding method used to determine costs under the plan. I22
‘‘(2) VALUATION OF ASSETS.—
‘‘(A) IN GENERAL.—For purposes of this part, the value
of the plan’s assets shall be determined on the basis of
any reasonable actuarial method of valuation which takes
into account fair market value and which is permitted
under regulations prescribed by the Secretary.
‘‘(B) ELECTION WITH RESPECT TO BONDS.—The value
of a bond or other evidence of indebtedness which is not
in default as to principal or interest may, at the election
of the plan administrator, be determined on an amortized
basis running from initial cost at purchase to par value
at maturity or earliest call date. Any election under this
subparagraph shall be made at such time and in such
manner as the Secretary shall by regulations provide, shall
apply to all such evidences of indebtedness, and may be
revoked only with the consent of the Secretary.
‘‘(3) ACTUARIAL ASSUMPTIONS MUST BE REASONABLE.—For
purposes of this section, all costs, liabilities, rates of interest,
and other factors under the plan shall be determined on the
basis of actuarial assumptions and methods—
‘‘(A) each of which is reasonable (taking into account
the experience of the plan and reasonable expectations),
and
‘‘(B) which, in combination, offer the actuary’s best
estimate of anticipated experience under the plan.
‘‘(4) TREATMENT OF CERTAIN CHANGES AS EXPERIENCE GAIN
OR LOSS.—For purposes of this section, if—
‘‘(A) a change in benefits under the Social Security
Act or in other retirement benefits created under Federal
or State law, or

VerDate 14-DEC-2004

14:28 Sep 07, 2006

Jkt 049139

PO 00280

Frm 00115

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

Regulations.

Regulations.
Applicability.

APPS06

PsN: PUBL280

120 STAT. 894

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(B) a change in the definition of the term ‘wages’
under section 3121, or a change in the amount of such
wages taken into account under regulations prescribed for
purposes of section 401(a)(5),
results in an increase or decrease in accrued liability under
a plan, such increase or decrease shall be treated as an experience loss or gain.
‘‘(5) FULL FUNDING.—If, as of the close of a plan year,
a plan would (without regard to this paragraph) have an
accumulated funding deficiency in excess of the full funding
limitation—
‘‘(A) the funding standard account shall be credited
with the amount of such excess, and
‘‘(B) all amounts described in subparagraphs (B), (C),
and (D) of subsection (b)(2) and subparagraph (B) of subsection (b)(3) which are required to be amortized shall
be considered fully amortized for purposes of such subparagraphs.
‘‘(6) FULL-FUNDING LIMITATION.—
‘‘(A) IN GENERAL.—For purposes of paragraph (5), the
term ‘full-funding limitation’ means the excess (if any) of—
‘‘(i) the accrued liability (including normal cost)
under the plan (determined under the entry age normal
funding method if such accrued liability cannot be
directly calculated under the funding method used for
the plan), over
‘‘(ii) the lesser of—
‘‘(I) the fair market value of the plan’s assets,
or
‘‘(II) the value of such assets determined under
paragraph (2).
‘‘(B) MINIMUM AMOUNT.—
‘‘(i) IN GENERAL.—In no event shall the full-funding
limitation determined under subparagraph (A) be less
than the excess (if any) of—
‘‘(I) 90 percent of the current liability of the
plan (including the expected increase in current
liability due to benefits accruing during the plan
year), over
‘‘(II) the value of the plan’s assets determined
under paragraph (2).
‘‘(ii) ASSETS.—For purposes of clause (i), assets
shall not be reduced by any credit balance in the
funding standard account.
‘‘(C) FULL FUNDING LIMITATION.—For purposes of this
paragraph, unless otherwise provided by the plan, the
accrued liability under a multiemployer plan shall not
include benefits which are not nonforfeitable under the
plan after the termination of the plan (taking into consideration section 411(d)(3)).
‘‘(D) CURRENT LIABILITY.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘current liability’
means all liabilities to employees and their beneficiaries under the plan.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00116

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 895

‘‘(ii) TREATMENT OF UNPREDICTABLE CONTINGENT
EVENT BENEFITS.—For purposes of clause (i), any benefit contingent on an event other than—
‘‘(I) age, service, compensation, death, or disability, or
‘‘(II) an event which is reasonably and reliably
predictable (as determined by the Secretary),
shall not be taken into account until the event on
which the benefit is contingent occurs.
‘‘(iii) INTEREST RATE USED.—The rate of interest
used to determine current liability under this paragraph shall be the rate of interest determined under
subparagraph (E).
‘‘(iv) MORTALITY TABLES.—
‘‘(I) COMMISSIONERS’ STANDARD TABLE.—In the
case of plan years beginning before the first plan
year to which the first tables prescribed under
subclause (II) apply, the mortality table used in
determining current liability under this paragraph
shall be the table prescribed by the Secretary
which is based on the prevailing commissioners’
standard table (described in section 807(d)(5)(A))
used to determine reserves for group annuity contracts issued on January 1, 1993.
‘‘(II) SECRETARIAL AUTHORITY.—The Secretary
may by regulation prescribe for plan years beginning after December 31, 1999, mortality tables
to be used in determining current liability under
this subsection. Such tables shall be based upon
the actual experience of pension plans and projected trends in such experience. In prescribing
such tables, the Secretary shall take into account
results of available independent studies of mortality of individuals covered by pension plans.
‘‘(v) SEPARATE MORTALITY TABLES FOR THE DISABLED.—Notwithstanding clause (iv)—
‘‘(I) IN GENERAL.—The Secretary shall establish mortality tables which may be used (in lieu
of the tables under clause (iv)) to determine current liability under this subsection for individuals
who are entitled to benefits under the plan on
account of disability. The Secretary shall establish
separate tables for individuals whose disabilities
occur in plan years beginning before January 1,
1995, and for individuals whose disabilities occur
in plan years beginning on or after such date.
‘‘(II) SPECIAL RULE FOR DISABILITIES OCCURRING AFTER 1994.—In the case of disabilities occurring in plan years beginning after December 31,
1994, the tables under subclause (I) shall apply
only with respect to individuals described in such
subclause who are disabled within the meaning
of title II of the Social Security Act and the regulations thereunder.
‘‘(vi) PERIODIC REVIEW.—The Secretary shall
periodically (at least every 5 years) review any tables
in effect under this subparagraph and shall, to the

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00117

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

Regulations.

APPS06

PsN: PUBL280

120 STAT. 896

extent such Secretary determines necessary, by regulation update the tables to reflect the actual experience
of pension plans and projected trends in such experience.
‘‘(E) REQUIRED CHANGE OF INTEREST RATE.—For purposes of determining a plan’s current liability for purposes
of this paragraph—
‘‘(i) IN GENERAL.—If any rate of interest used under
the plan under subsection (b)(6) to determine cost is
not within the permissible range, the plan shall establish a new rate of interest within the permissible range.
‘‘(ii) PERMISSIBLE RANGE.—For purposes of this
subparagraph—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), the term ‘permissible range’ means a
rate of interest which is not more than 5 percent
above, and not more than 10 percent below, the
weighted average of the rates of interest on 30year Treasury securities during the 4-year period
ending on the last day before the beginning of
the plan year.
‘‘(II) SECRETARIAL AUTHORITY.—If the Secretary finds that the lowest rate of interest permissible under subclause (I) is unreasonably high,
the Secretary may prescribe a lower rate of
interest, except that such rate may not be less
than 80 percent of the average rate determined
under such subclause.
‘‘(iii) ASSUMPTIONS.—Notwithstanding paragraph
(3)(A), the interest rate used under the plan shall
be—
‘‘(I) determined without taking into account
the experience of the plan and reasonable expectations, but
‘‘(II) consistent with the assumptions which
reflect the purchase rates which would be used
by insurance companies to satisfy the liabilities
under the plan.
‘‘(7) ANNUAL VALUATION.—
‘‘(A) IN GENERAL.—For purposes of this section, a determination of experience gains and losses and a valuation
of the plan’s liability shall be made not less frequently
than once every year, except that such determination shall
be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary.
‘‘(B) VALUATION DATE.—
‘‘(i) CURRENT YEAR.—Except as provided in clause
(ii), the valuation referred to in subparagraph (A) shall
be made as of a date within the plan year to which
the valuation refers or within one month prior to the
beginning of such year.
‘‘(ii) USE OF PRIOR YEAR VALUATION.—The valuation referred to in subparagraph (A) may be made
as of a date within the plan year prior to the year
to which the valuation refers if, as of such date, the
value of the assets of the plan are not less than 100

Regulations.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00118

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 897

percent of the plan’s current liability (as defined in
paragraph (6)(D) without regard to clause (iv) thereof).
‘‘(iii) ADJUSTMENTS.—Information under clause (ii)
shall, in accordance with regulations, be actuarially
adjusted to reflect significant differences in participants.
‘‘(iv) LIMITATION.—A change in funding method to
use a prior year valuation, as provided in clause (ii),
may not be made unless as of the valuation date within
the prior plan year, the value of the assets of the
plan are not less than 125 percent of the plan’s current
liability (as defined in paragraph (6)(D) without regard
to clause (iv) thereof).
‘‘(8) TIME WHEN CERTAIN CONTRIBUTIONS DEEMED MADE.—
For purposes of this section, any contributions for a plan year
made by an employer after the last day of such plan year,
but not later than two and one-half months after such day,
shall be deemed to have been made on such last day. For
purposes of this subparagraph, such two and one-half month
period may be extended for not more than six months under
regulations prescribed by the Secretary.
‘‘(d) EXTENSION OF AMORTIZATION PERIODS FOR MULTIEMPLOYER
PLANS.—
‘‘(1) AUTOMATIC EXTENSION UPON APPLICATION BY CERTAIN
PLANS.—
‘‘(A) IN GENERAL.—If the plan sponsor of a multiemployer plan—
‘‘(i) submits to the Secretary an application for
an extension of the period of years required to amortize
any unfunded liability described in any clause of subsection (b)(2)(B) or described in subsection (b)(4), and
‘‘(ii) includes with the application a certification
by the plan’s actuary described in subparagraph (B),
the Secretary shall extend the amortization period for the
period of time (not in excess of 5 years) specified in the
application. Such extension shall be in addition to any
extension under paragraph (2).
‘‘(B) CRITERIA.—A certification with respect to a multiemployer plan is described in this subparagraph if the
plan’s actuary certifies that, based on reasonable assumptions—
‘‘(i) absent the extension under subparagraph (A),
the plan would have an accumulated funding deficiency
in the current plan year or any of the 9 succeeding
plan years,
‘‘(ii) the plan sponsor has adopted a plan to
improve the plan’s funding status,
‘‘(iii) the plan is projected to have sufficient assets
to timely pay expected benefits and anticipated
expenditures over the amortization period as extended,
and
‘‘(iv) the notice required under paragraph (3)(A)
has been provided.
‘‘(C) TERMINATION.—The preceding provisions of this
paragraph shall not apply with respect to any application
submitted after December 31, 2014.
‘‘(2) ALTERNATIVE EXTENSION.—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00119

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

Certification.

APPS06

PsN: PUBL280

120 STAT. 898

Deadline.

26 USC 431 note.

Deadline.
Applicability.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(A) IN GENERAL.—If the plan sponsor of a multiemployer plan submits to the Secretary an application for
an extension of the period of years required to amortize
any unfunded liability described in any clause of subsection
(b)(2)(B) or described in subsection (b)(4), the Secretary
may extend the amortization period for a period of time
(not in excess of 10 years reduced by the number of years
of any extension under paragraph (1) with respect to such
unfunded liability) if the Secretary makes the determination described in subparagraph (B). Such extension shall
be in addition to any extension under paragraph (1).
‘‘(B) DETERMINATION.—The Secretary may grant an
extension under subparagraph (A) if the Secretary determines that—
‘‘(i) such extension would carry out the purposes
of this Act and would provide adequate protection for
participants under the plan and their beneficiaries,
and
‘‘(ii) the failure to permit such extension would—
‘‘(I) result in a substantial risk to the voluntary continuation of the plan, or a substantial
curtailment of pension benefit levels or employee
compensation, and
‘‘(II) be adverse to the interests of plan participants in the aggregate.
‘‘(C) ACTION BY SECRETARY.—The Secretary shall act
upon any application for an extension under this paragraph
within 180 days of the submission of such application.
If the Secretary rejects the application for an extension
under this paragraph, the Secretary shall provide notice
to the plan detailing the specific reasons for the rejection,
including references to the criteria set forth above.
‘‘(3) ADVANCE NOTICE.—
‘‘(A) IN GENERAL.—The Secretary shall, before granting
an extension under this subsection, require each applicant
to provide evidence satisfactory to such Secretary that the
applicant has provided notice of the filing of the application
for such extension to each affected party (as defined in
section 4001(a)(21) of the Employee Retirement Income
Security Act of 1974) with respect to the affected plan.
Such notice shall include a description of the extent to
which the plan is funded for benefits which are guaranteed
under title IV of such Act and for benefit liabilities.
‘‘(B) CONSIDERATION OF RELEVANT INFORMATION.—The
Secretary shall consider any relevant information provided
by a person to whom notice was given under paragraph
(1).’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after 2007.
(2) SPECIAL RULE FOR CERTAIN AMORTIZATION EXTENSIONS.—If the Secretary of the Treasury grants an extension
under section 304 of the Employee Retirement Income Security
Act of 1974 and section 412(e) of the Internal Revenue Code
of 1986 with respect to any application filed with the Secretary
of the Treasury on or before June 30, 2005, the extension

PO 00280

Frm 00120

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 899

(and any modification thereof) shall be applied and administered under the rules of such sections as in effect before the
enactment of this Act, including the use of the rate of interest
determined under section 6621(b) of such Code.
SEC. 212. ADDITIONAL FUNDING RULES FOR MULTIEMPLOYER PLANS
IN ENDANGERED OR CRITICAL STATUS.

(a) IN GENERAL.—Subpart A of part III of subchapter D of
chapter 1 of the Internal Revenue Code of 1986 (as amended by
this Act) is amended by inserting after section 431 the following
new section:
‘‘SEC. 432. ADDITIONAL FUNDING RULES FOR MULTIEMPLOYER PLANS
IN ENDANGERED STATUS OR CRITICAL STATUS.

‘‘(a) GENERAL RULE.—For purposes of this part, in the case
of a multiemployer plan in effect on July 16, 2006—
‘‘(1) if the plan is in endangered status—
‘‘(A) the plan sponsor shall adopt and implement a
funding improvement plan in accordance with the requirements of subsection (c), and
‘‘(B) the requirements of subsection (d) shall apply
during the funding plan adoption period and the funding
improvement period, and
‘‘(2) if the plan is in critical status—
‘‘(A) the plan sponsor shall adopt and implement a
rehabilitation plan in accordance with the requirements
of subsection (e), and
‘‘(B) the requirements of subsection (f) shall apply
during the rehabilitation plan adoption period and the
rehabilitation period.
‘‘(b) DETERMINATION OF ENDANGERED AND CRITICAL STATUS.—
For purposes of this section—
‘‘(1) ENDANGERED STATUS.—A multiemployer plan is in
endangered status for a plan year if, as determined by the
plan actuary under paragraph (3), the plan is not in critical
status for the plan year and, as of the beginning of the plan
year, either—
‘‘(A) the plan’s funded percentage for such plan year
is less than 80 percent, or
‘‘(B) the plan has an accumulated funding deficiency
for such plan year, or is projected to have such an accumulated funding deficiency for any of the 6 succeeding plan
years, taking into account any extension of amortization
periods under section 431(d).
For purposes of this section, a plan shall be treated as in
seriously endangered status for a plan year if the plan is
described in both subparagraphs (A) and (B).
‘‘(2) CRITICAL STATUS.—A multiemployer plan is in critical
status for a plan year if, as determined by the plan actuary
under paragraph (3), the plan is described in 1 or more of
the following subparagraphs as of the beginning of the plan
year:
‘‘(A) A plan is described in this subparagraph if—
‘‘(i) the funded percentage of the plan is less than
65 percent, and
‘‘(ii) the sum of—
‘‘(I) the fair market value of plan assets, plus

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00121

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 432.

Applicability.

Applicability.

APPS06

PsN: PUBL280

120 STAT. 900

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(II) the present value of the reasonably anticipated employer contributions for the current plan
year and each of the 6 succeeding plan years,
assuming that the terms of all collective bargaining agreements pursuant to which the plan
is maintained for the current plan year continue
in effect for succeeding plan years,
is less than the present value of all nonforfeitable
benefits projected to be payable under the plan during
the current plan year and each of the 6 succeeding
plan years (plus administrative expenses for such plan
years).
‘‘(B) A plan is described in this subparagraph if—
‘‘(i) the plan has an accumulated funding deficiency
for the current plan year, not taking into account any
extension of amortization periods under section 431(d),
or
‘‘(ii) the plan is projected to have an accumulated
funding deficiency for any of the 3 succeeding plan
years (4 succeeding plan years if the funded percentage
of the plan is 65 percent or less), not taking into
account any extension of amortization periods under
section 431(d).
‘‘(C) A plan is described in this subparagraph if—
‘‘(i)(I) the plan’s normal cost for the current plan
year, plus interest (determined at the rate used for
determining costs under the plan) for the current plan
year on the amount of unfunded benefit liabilities
under the plan as of the last date of the preceding
plan year, exceeds
‘‘(II) the present value of the reasonably anticipated employer and employee contributions for the current plan year,
‘‘(ii) the present value, as of the beginning of the
current plan year, of nonforfeitable benefits of inactive
participants is greater than the present value of nonforfeitable benefits of active participants, and
‘‘(iii) the plan has an accumulated funding deficiency for the current plan year, or is projected to
have such a deficiency for any of the 4 succeeding
plan years, not taking into account any extension of
amortization periods under section 431(d).
‘‘(D) A plan is described in this subparagraph if the
sum of—
‘‘(i) the fair market value of plan assets, plus
‘‘(ii) the present value of the reasonably anticipated
employer contributions for the current plan year and
each of the 4 succeeding plan years, assuming that
the terms of all collective bargaining agreements
pursuant to which the plan is maintained for the current plan year continue in effect for succeeding plan
years,
is less than the present value of all benefits projected
to be payable under the plan during the current plan
year and each of the 4 succeeding plan years (plus administrative expenses for such plan years).
‘‘(3) ANNUAL CERTIFICATION BY PLAN ACTUARY.—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00122

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 901

‘‘(A) IN GENERAL.—Not later than the 90th day of each
plan year of a multiemployer plan, the plan actuary shall
certify to the Secretary and to the plan sponsor—
‘‘(i) whether or not the plan is in endangered status
for such plan year and whether or not the plan is
or will be in critical status for such plan year, and
‘‘(ii) in the case of a plan which is in a funding
improvement or rehabilitation period, whether or not
the plan is making the scheduled progress in meeting
the requirements of its funding improvement or
rehabilitation plan.
‘‘(B) ACTUARIAL PROJECTIONS OF ASSETS AND LIABILITIES.—
‘‘(i) IN GENERAL.—In making the determinations
and projections under this subsection, the plan actuary
shall make projections required for the current and
succeeding plan years of the current value of the assets
of the plan and the present value of all liabilities
to participants and beneficiaries under the plan for
the current plan year as of the beginning of such
year. The actuary’s projections shall be based on
reasonable actuarial estimates, assumptions, and
methods that, except as provided in clause (iii), offer
the actuary’s best estimate of anticipated experience
under the plan. The projected present value of liabilities as of the beginning of such year shall be determined based on the most recent of either—
‘‘(I) the actuarial statement required under
section 103(d) of the Employee Retirement Income
Security Act of 1974 with respect to the most
recently filed annual report, or
‘‘(II) the actuarial valuation for the preceding
plan year.
‘‘(ii) DETERMINATIONS OF FUTURE CONTRIBUTIONS.—Any actuarial projection of plan assets shall
assume—
‘‘(I) reasonably anticipated employer contributions for the current and succeeding plan years,
assuming that the terms of the one or more collective bargaining agreements pursuant to which the
plan is maintained for the current plan year continue in effect for succeeding plan years, or
‘‘(II) that employer contributions for the most
recent plan year will continue indefinitely, but only
if the plan actuary determines there have been
no significant demographic changes that would
make such assumption unreasonable.
‘‘(iii) PROJECTED INDUSTRY ACTIVITY.—Any projection of activity in the industry or industries covered
by the plan, including future covered employment and
contribution levels, shall be based on information provided by the plan sponsor, which shall act reasonably
and in good faith.
‘‘(C) PENALTY FOR FAILURE TO SECURE TIMELY ACTUARIAL CERTIFICATION.—Any failure of the plan’s actuary
to certify the plan’s status under this subsection by the
date specified in subparagraph (A) shall be treated for

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00123

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

APPS06

PsN: PUBL280

120 STAT. 902

Deadline.

Deadlines.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

purposes of section 502(c)(2) of the Employee Retirement
Income Security Act of 1974 as a failure or refusal by
the plan administrator to file the annual report required
to be filed with the Secretary under section 101(b)(4) of
such Act.
‘‘(D) NOTICE.—
‘‘(i) IN GENERAL.—In any case in which it is certified under subparagraph (A) that a multiemployer
plan is or will be in endangered or critical status
for a plan year, the plan sponsor shall, not later than
30 days after the date of the certification, provide
notification of the endangered or critical status to the
participants and beneficiaries, the bargaining parties,
the Pension Benefit Guaranty Corporation, and the
Secretary of Labor.
‘‘(ii) PLANS IN CRITICAL STATUS.—If it is certified
under subparagraph (A) that a multiemployer plan
is or will be in critical status, the plan sponsor shall
include in the notice under clause (i) an explanation
of the possibility that—
‘‘(I) adjustable benefits (as defined in subsection (e)(8)) may be reduced, and
‘‘(II) such reductions may apply to participants
and beneficiaries whose benefit commencement
date is on or after the date such notice is provided
for the first plan year in which the plan is in
critical status.
‘‘(iii) MODEL NOTICE.—The Secretary of Labor shall
prescribe a model notice that a multiemployer plan
may use to satisfy the requirements under clause (ii).
‘‘(c) FUNDING IMPROVEMENT PLAN MUST BE ADOPTED FOR
MULTIEMPLOYER PLANS IN ENDANGERED STATUS.—
‘‘(1) IN GENERAL.—In any case in which a multiemployer
plan is in endangered status for a plan year, the plan sponsor,
in accordance with this subsection—
‘‘(A) shall adopt a funding improvement plan not later
than 240 days following the required date for the actuarial
certification of endangered status under subsection
(b)(3)(A), and
‘‘(B) within 30 days after the adoption of the funding
improvement plan—
‘‘(i) shall provide to the bargaining parties 1 or
more schedules showing revised benefit structures,
revised contribution structures, or both, which, if
adopted, may reasonably be expected to enable the
multiemployer plan to meet the applicable benchmarks
in accordance with the funding improvement plan,
including—
‘‘(I) one proposal for reductions in the amount
of future benefit accruals necessary to achieve the
applicable benchmarks, assuming no amendments
increasing contributions under the plan (other
than amendments increasing contributions necessary to achieve the applicable benchmarks after
amendments have reduced future benefit accruals
to the maximum extent permitted by law), and

Jkt 049139

PO 00280

Frm 00124

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 903

‘‘(II) one proposal for increases in contributions
under the plan necessary to achieve the applicable
benchmarks, assuming no amendments reducing
future benefit accruals under the plan, and
‘‘(ii) may, if the plan sponsor deems appropriate,
prepare and provide the bargaining parties with additional information relating to contribution rates or benefit reductions, alternative schedules, or other information relevant to achieving the applicable benchmarks
in accordance with the funding improvement plan.
For purposes of this section, the term ‘applicable benchmarks’ means the requirements applicable to the multiemployer plan under paragraph (3) (as modified by paragraph
(5)).
‘‘(2) EXCEPTION FOR YEARS AFTER PROCESS BEGINS.—Paragraph (1) shall not apply to a plan year if such year is in
a funding plan adoption period or funding improvement period
by reason of the plan being in endangered status for a preceding
plan year. For purposes of this section, such preceding plan
year shall be the initial determination year with respect to
the funding improvement plan to which it relates.
‘‘(3) FUNDING IMPROVEMENT PLAN.—For purposes of this
section—
‘‘(A) IN GENERAL.—A funding improvement plan is a
plan which consists of the actions, including options or
a range of options to be proposed to the bargaining parties,
formulated to provide, based on reasonably anticipated
experience and reasonable actuarial assumptions, for the
attainment by the plan during the funding improvement
period of the following requirements:
‘‘(i) INCREASE IN PLAN’S FUNDING PERCENTAGE.—
The plan’s funded percentage as of the close of the
funding improvement period equals or exceeds a
percentage equal to the sum of—
‘‘(I) such percentage as of the beginning of
such period, plus
‘‘(II) 33 percent of the difference between 100
percent and the percentage under subclause (I).
‘‘(ii) AVOIDANCE OF ACCUMULATED FUNDING DEFICIENCIES.—No accumulated funding deficiency for any
plan year during the funding improvement period
(taking into account any extension of amortization
periods under section 304(d)).
‘‘(B) SERIOUSLY ENDANGERED PLANS.—In the case of
a plan in seriously endangered status, except as provided
in paragraph (5), subparagraph (A)(i)(II) shall be applied
by substituting ‘20 percent’ for ‘33 percent’.
‘‘(4) FUNDING IMPROVEMENT PERIOD.—For purposes of this
section—
‘‘(A) IN GENERAL.—The funding improvement period
for any funding improvement plan adopted pursuant to
this subsection is the 10-year period beginning on the first
day of the first plan year of the multiemployer plan beginning after the earlier of—
‘‘(i) the second anniversary of the date of the adoption of the funding improvement plan, or

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00125

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 904
Expiration date.

Applicability.

Termination
dates.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(ii) the expiration of the collective bargaining
agreements in effect on the due date for the actuarial
certification of endangered status for the initial determination year under subsection (b)(3)(A) and covering,
as of such due date, at least 75 percent of the active
participants in such multiemployer plan.
‘‘(B) SERIOUSLY ENDANGERED PLANS.—In the case of
a plan in seriously endangered status, except as provided
in paragraph (5), subparagraph (A) shall be applied by
substituting ‘15-year period’ for ‘10-year period’.
‘‘(C) COORDINATION WITH CHANGES IN STATUS.—
‘‘(i) PLANS NO LONGER IN ENDANGERED STATUS.—
If the plan’s actuary certifies under subsection (b)(3)(A)
for a plan year in any funding plan adoption period
or funding improvement period that the plan is no
longer in endangered status and is not in critical
status, the funding plan adoption period or funding
improvement period, whichever is applicable, shall end
as of the close of the preceding plan year.
‘‘(ii) PLANS IN CRITICAL STATUS.—If the plan’s
actuary certifies under subsection (b)(3)(A) for a plan
year in any funding plan adoption period or funding
improvement period that the plan is in critical status,
the funding plan adoption period or funding improvement period, whichever is applicable, shall end as of
the close of the plan year preceding the first plan
year in the rehabilitation period with respect to such
status.
‘‘(D) PLANS IN ENDANGERED STATUS AT END OF
PERIOD.—If the plan’s actuary certifies under subsection
(b)(3)(A) for the first plan year following the close of the
period described in subparagraph (A) that the plan is in
endangered status, the provisions of this subsection and
subsection (d) shall be applied as if such first plan year
were an initial determination year, except that the plan
may not be amended in a manner inconsistent with the
funding improvement plan in effect for the preceding plan
year until a new funding improvement plan is adopted.
‘‘(5) SPECIAL RULES FOR SERIOUSLY ENDANGERED PLANS
MORE THAN 70 PERCENT FUNDED.—
‘‘(A) IN GENERAL.—If the funded percentage of a plan
in seriously endangered status was more than 70 percent
as of the beginning of the initial determination year—
‘‘(i) paragraphs (3)(B) and (4)(B) shall apply only
if the plan’s actuary certifies, within 30 days after
the certification under subsection (b)(3)(A) for the initial determination year, that, based on the terms of
the plan and the collective bargaining agreements in
effect at the time of such certification, the plan is
not projected to meet the requirements of paragraph
(3)(A) (without regard to paragraphs (3)(B) and (4)(B)),
and
‘‘(ii) if there is a certification under clause (i),
the plan may, in formulating its funding improvement
plan, only take into account the rules of paragraph
(3)(B) and (4)(B) for plan years in the funding improvement period beginning on or before the date on which

PO 00280

Frm 00126

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 905

the last of the collective bargaining agreements
described in paragraph (4)(A)(ii) expires.
‘‘(B) SPECIAL RULE AFTER EXPIRATION OF AGREEMENTS.—Notwithstanding subparagraph (A)(ii), if, for any
plan year ending after the date described in subparagraph
(A)(ii), the plan actuary certifies (at the time of the annual
certification under subsection (b)(3)(A) for such plan year)
that, based on the terms of the plan and collective bargaining agreements in effect at the time of that annual
certification, the plan is not projected to be able to meet
the requirements of paragraph (3)(A) (without regard to
paragraphs (3)(B) and (4)(B)), paragraphs (3)(B) and (4)(B)
shall continue to apply for such year.
‘‘(6) UPDATES TO FUNDING IMPROVEMENT PLANS AND SCHEDULES.—
‘‘(A) FUNDING IMPROVEMENT PLAN.—The plan sponsor
shall annually update the funding improvement plan and
shall file the update with the plan’s annual report under
section 104 of the Employee Retirement Income Security
Act of 1974.
‘‘(B) SCHEDULES.—The plan sponsor shall annually
update any schedule of contribution rates provided under
this subsection to reflect the experience of the plan.
‘‘(C) DURATION OF SCHEDULE.—A schedule of contribution rates provided by the plan sponsor and relied upon
by bargaining parties in negotiating a collective bargaining
agreement shall remain in effect for the duration of that
collective bargaining agreement.
‘‘(7) IMPOSITION OF DEFAULT SCHEDULE WHERE FAILURE TO
ADOPT FUNDING IMPROVEMENT PLAN.—
‘‘(A) IN GENERAL.—If—
‘‘(i) a collective bargaining agreement providing
for contributions under a multiemployer plan that was
in effect at the time the plan entered endangered status
expires, and
‘‘(ii) after receiving one or more schedules from
the plan sponsor under paragraph (1)(B), the bargaining parties with respect to such agreement fail
to agree on changes to contribution or benefit schedules
necessary to meet the applicable benchmarks in accordance with the funding improvement plan,
the plan sponsor shall implement the schedule described
in paragraph (1)(B)(i)(I) beginning on the date specified
in subparagraph (B).
‘‘(B) DATE OF IMPLEMENTATION.—The date specified in
this subparagraph is the earlier of the date—
‘‘(i) on which the Secretary of Labor certifies that
the parties are at an impasse, or
‘‘(ii) which is 180 days after the date on which
the collective bargaining agreement described in
subparagraph (A) expires.
‘‘(8) FUNDING PLAN ADOPTION PERIOD.—For purposes of this
section, the term ‘funding plan adoption period’ means the
period beginning on the date of the certification under subsection (b)(3)(A) for the initial determination year and ending
on the day before the first day of the funding improvement
period.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00127

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 906

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(d) RULES FOR OPERATION OF PLAN DURING ADOPTION AND
IMPROVEMENT PERIODS.—
‘‘(1) SPECIAL RULES FOR PLAN ADOPTION PERIOD.—During
the funding plan adoption period—
‘‘(A) the plan sponsor may not accept a collective bargaining agreement or participation agreement with respect
to the multiemployer plan that provides for—
‘‘(i) a reduction in the level of contributions for
any participants,
‘‘(ii) a suspension of contributions with respect to
any period of service, or
‘‘(iii) any new direct or indirect exclusion of
younger or newly hired employees from plan participation,
‘‘(B) no amendment of the plan which increases the
liabilities of the plan by reason of any increase in benefits,
any change in the accrual of benefits, or any change in
the rate at which benefits become nonforfeitable under
the plan may be adopted unless the amendment is required
as a condition of qualification under part I of subchapter
D of chapter 1 or to comply with other applicable law,
and
‘‘(C) in the case of a plan in seriously endangered
status, the plan sponsor shall take all reasonable actions
which are consistent with the terms of the plan and
applicable law and which are expected, based on reasonable
assumptions, to achieve—
‘‘(i) an increase in the plan’s funded percentage,
and
‘‘(ii) postponement of an accumulated funding deficiency for at least 1 additional plan year.
Actions under subparagraph (C) include applications for extensions of amortization periods under section 431(d), use of the
shortfall funding method in making funding standard account
computations, amendments to the plan’s benefit structure,
reductions in future benefit accruals, and other reasonable
actions consistent with the terms of the plan and applicable
law.
‘‘(2) COMPLIANCE WITH FUNDING IMPROVEMENT PLAN.—
‘‘(A) IN GENERAL.—A plan may not be amended after
the date of the adoption of a funding improvement plan
so as to be inconsistent with the funding improvement
plan.
‘‘(B) NO REDUCTION IN CONTRIBUTIONS.—A plan sponsor
may not during any funding improvement period accept
a collective bargaining agreement or participation agreement with respect to the multiemployer plan that provides
for—
‘‘(i) a reduction in the level of contributions for
any participants,
‘‘(ii) a suspension of contributions with respect to
any period of service, or
‘‘(iii) any new direct or indirect exclusion of
younger or newly hired employees from plan participation.
‘‘(C) SPECIAL RULES FOR BENEFIT INCREASES.—A plan
may not be amended after the date of the adoption of

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00128

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 907

a funding improvement plan so as to increase benefits,
including future benefit accruals, unless the plan actuary
certifies that the benefit increase is consistent with the
funding improvement plan and is paid for out of contributions not required by the funding improvement plan to
meet the applicable benchmark in accordance with the
schedule contemplated in the funding improvement plan.
‘‘(e) REHABILITATION PLAN MUST BE ADOPTED FOR MULTIEMPLOYER PLANS IN CRITICAL STATUS.—
‘‘(1) IN GENERAL.—In any case in which a multiemployer
plan is in critical status for a plan year, the plan sponsor,
in accordance with this subsection—
‘‘(A) shall adopt a rehabilitation plan not later than
240 days following the required date for the actuarial certification of critical status under subsection (b)(3)(A), and
‘‘(B) within 30 days after the adoption of the rehabilitation plan—
‘‘(i) shall provide to the bargaining parties 1 or
more schedules showing revised benefit structures,
revised contribution structures, or both, which, if
adopted, may reasonably be expected to enable the
multiemployer plan to emerge from critical status in
accordance with the rehabilitation plan, and
‘‘(ii) may, if the plan sponsor deems appropriate,
prepare and provide the bargaining parties with additional information relating to contribution rates or benefit reductions, alternative schedules, or other information relevant to emerging from critical status in accordance with the rehabilitation plan.
The schedule or schedules described in subparagraph (B)(i)
shall reflect reductions in future benefit accruals and adjustable
benefits, and increases in contributions, that the plan sponsor
determines are reasonably necessary to emerge from critical
status. One schedule shall be designated as the default schedule
and such schedule shall assume that there are no increases
in contributions under the plan other than the increases necessary to emerge from critical status after future benefit
accruals and other benefits (other than benefits the reduction
or elimination of which are not permitted under section
411(d)(6)) have been reduced to the maximum extent permitted
by law.
‘‘(2) EXCEPTION FOR YEARS AFTER PROCESS BEGINS.—Paragraph (1) shall not apply to a plan year if such year is in
a rehabilitation plan adoption period or rehabilitation period
by reason of the plan being in critical status for a preceding
plan year. For purposes of this section, such preceding plan
year shall be the initial critical year with respect to the
rehabilitation plan to which it relates.
‘‘(3) REHABILITATION PLAN.—For purposes of this section—
‘‘(A) IN GENERAL.—A rehabilitation plan is a plan which
consists of—
‘‘(i) actions, including options or a range of options
to be proposed to the bargaining parties, formulated,
based on reasonably anticipated experience and reasonable actuarial assumptions, to enable the plan to cease
to be in critical status by the end of the rehabilitation
period and may include reductions in plan expenditures

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00129

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadlines.

APPS06

PsN: PUBL280

120 STAT. 908

PUBLIC LAW 109–280—AUG. 17, 2006
(including plan mergers and consolidations), reductions
in future benefit accruals or increases in contributions,
if agreed to by the bargaining parties, or any combination of such actions, or
‘‘(ii) if the plan sponsor determines that, based
on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan can not
reasonably be expected to emerge from critical status
by the end of the rehabilitation period, reasonable
measures to emerge from critical status at a later
time or to forestall possible insolvency (within the
meaning of section 4245 of the Employee Retirement
Income Security Act of 1974).
A rehabilitation plan must provide annual standards for
meeting the requirements of such rehabilitation plan. Such
plan shall also include the schedules required to be provided under paragraph (1)(B)(i) and if clause (ii) applies,
shall set forth the alternatives considered, explain why
the plan is not reasonably expected to emerge from critical
status by the end of the rehabilitation period, and specify
when, if ever, the plan is expected to emerge from critical
status in accordance with the rehabilitation plan.
‘‘(B) UPDATES TO REHABILITATION PLAN AND SCHEDULES.—
‘‘(i) REHABILITATION PLAN.—The plan sponsor shall
annually update the rehabilitation plan and shall file
the update with the plan’s annual report under section
104 of the Employee Retirement Income Security Act
of 1974.
‘‘(ii) SCHEDULES.—The plan sponsor shall annually
update any schedule of contribution rates provided
under this subsection to reflect the experience of the
plan.
‘‘(iii) DURATION OF SCHEDULE.—A schedule of contribution rates provided by the plan sponsor and relied
upon by bargaining parties in negotiating a collective
bargaining agreement shall remain in effect for the
duration of that collective bargaining agreement.
‘‘(C) IMPOSITION OF DEFAULT SCHEDULE WHERE FAILURE
TO ADOPT REHABILITATION PLAN.—
‘‘(i) IN GENERAL.—If—
‘‘(I) a collective bargaining agreement providing for contributions under a multiemployer
plan that was in effect at the time the plan entered
critical status expires, and
‘‘(II) after receiving one or more schedules from
the plan sponsor under paragraph (1)(B), the bargaining parties with respect to such agreement
fail to adopt a contribution or benefit schedules
with terms consistent with the rehabilitation plan
and the schedule from the plan sponsor under
paragraph (1)(B)(i),
the plan sponsor shall implement the default schedule
described in the last sentence of paragraph (1) beginning on the date specified in clause (ii).
‘‘(ii) DATE OF IMPLEMENTATION.—The date specified
in this clause is the earlier of the date—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00130

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 909

‘‘(I) on which the Secretary of Labor certifies
that the parties are at an impasse, or
‘‘(II) which is 180 days after the date on which
the collective bargaining agreement described in
clause (i) expires.
‘‘(4) REHABILITATION PERIOD.—For purposes of this section—
‘‘(A) IN GENERAL.—The rehabilitation period for a plan
in critical status is the 10-year period beginning on the
first day of the first plan year of the multiemployer plan
following the earlier of—
‘‘(i) the second anniversary of the date of the adoption of the rehabilitation plan, or
‘‘(ii) the expiration of the collective bargaining
agreements in effect on the date of the due date for
the actuarial certification of critical status for the initial critical year under subsection (a)(1) and covering,
as of such date at least 75 percent of the active participants in such multiemployer plan.
If a plan emerges from critical status as provided under
subparagraph (B) before the end of such 10-year period,
the rehabilitation period shall end with the plan year preceding the plan year for which the determination under
subparagraph (B) is made.
‘‘(B) EMERGENCE.—A plan in critical status shall
remain in such status until a plan year for which the
plan actuary certifies, in accordance with subsection
(b)(3)(A), that the plan is not projected to have an accumulated funding deficiency for the plan year or any of the
9 succeeding plan years, without regard to the use of the
shortfall method and taking into account any extension
of amortization periods under section 431(d).
‘‘(5) REHABILITATION PLAN ADOPTION PERIOD.—For purposes
of this section, the term ‘rehabilitation plan adoption period’
means the period beginning on the date of the certification
under subsection (b)(3)(A) for the initial critical year and ending
on the day before the first day of the rehabilitation period.
‘‘(6) LIMITATION ON REDUCTION IN RATES OF FUTURE
ACCRUALS.—Any reduction in the rate of future accruals under
the default schedule described in paragraph (1)(B)(i) shall not
reduce the rate of future accruals below—
‘‘(A) a monthly benefit (payable as a single life annuity
commencing at the participant’s normal retirement age)
equal to 1 percent of the contributions required to be made
with respect to a participant, or the equivalent standard
accrual rate for a participant or group of participants under
the collective bargaining agreements in effect as of the
first day of the initial critical year, or
‘‘(B) if lower, the accrual rate under the plan on such
first day.
The equivalent standard accrual rate shall be determined by
the plan sponsor based on the standard or average contribution
base units which the plan sponsor determines to be representative for active participants and such other factors as the plan
sponsor determines to be relevant. Nothing in this paragraph
shall be construed as limiting the ability of the plan sponsor
to prepare and provide the bargaining parties with alternative

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00131

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 910

schedules to the default schedule that established lower or
higher accrual and contribution rates than the rates otherwise
described in this paragraph.
‘‘(7) AUTOMATIC EMPLOYER SURCHARGE.—
‘‘(A) IMPOSITION OF SURCHARGE.—Each employer otherwise obligated to make a contribution for the initial critical
year shall be obligated to pay to the plan for such year
a surcharge equal to 5 percent of the contribution otherwise
required under the applicable collective bargaining agreement (or other agreement pursuant to which the employer
contributes). For each succeeding plan year in which the
plan is in critical status for a consecutive period of years
beginning with the initial critical year, the surcharge shall
be 10 percent of the contribution otherwise so required.
‘‘(B) ENFORCEMENT OF SURCHARGE.—The surcharges
under subparagraph (A) shall be due and payable on the
same schedule as the contributions on which the surcharges
are based. Any failure to make a surcharge payment shall
be treated as a delinquent contribution under section 515
of the Employee Retirement Income Security Act of 1974
and shall be enforceable as such.
‘‘(C) SURCHARGE TO TERMINATE UPON COLLECTIVE BARGAINING
AGREEMENT
RENEGOTIATION.—The
surcharge
under this paragraph shall cease to be effective with respect
to employees covered by a collective bargaining agreement
(or other agreement pursuant to which the employer
contributes), beginning on the effective date of a collective
bargaining agreement (or other such agreement) that
includes terms consistent with a schedule presented by
the plan sponsor under paragraph (1)(B)(i), as modified
under subparagraph (B) of paragraph (3).
‘‘(D) SURCHARGE NOT TO APPLY UNTIL EMPLOYER
RECEIVES NOTICE.—The surcharge under this paragraph
shall not apply to an employer until 30 days after the
employer has been notified by the plan sponsor that the
plan is in critical status and that the surcharge is in
effect.
‘‘(E) SURCHARGE NOT TO GENERATE INCREASED BENEFIT
ACCRUALS.—Notwithstanding any provision of a plan to
the contrary, the amount of any surcharge under this paragraph shall not be the basis for any benefit accrual under
the plan.
‘‘(8) BENEFIT ADJUSTMENTS.—
‘‘(A) ADJUSTABLE BENEFITS.—
‘‘(i) IN GENERAL.—Notwithstanding section 204(g),
the plan sponsor shall, subject to the notice requirement under subparagraph (C), make any reductions
to adjustable benefits which the plan sponsor deems
appropriate, based upon the outcome of collective bargaining over the schedule or schedules provided under
paragraph (1)(B)(i).
‘‘(ii) EXCEPTION FOR RETIREES.—Except in the case
of adjustable benefits described in clause (iv)(III), the
plan sponsor of a plan in critical status shall not reduce
adjustable benefits of any participant or beneficiary
whose benefit commencement date is before the date
on which the plan provides notice to the participant

Termination
date.

Effective date.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00132

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 911

or beneficiary under subsection (b)(3)(D) for the initial
critical year.
‘‘(iii) PLAN SPONSOR FLEXIBILITY.—The plan
sponsor shall include in the schedules provided to the
bargaining parties an allowance for funding the benefits of participants with respect to whom contributions
are not currently required to be made, and shall reduce
their benefits to the extent permitted under this title
and considered appropriate by the plan sponsor based
on the plan’s then current overall funding status.
‘‘(iv) ADJUSTABLE BENEFIT DEFINED.—For purposes
of this paragraph, the term ‘adjustable benefit’
means—
‘‘(I) benefits, rights, and features under the
plan, including post-retirement death benefits, 60month guarantees, disability benefits not yet in
pay status, and similar benefits,
‘‘(II) any early retirement benefit or retirement-type subsidy (within the meaning of section
411(d)(6)(B)(i)) and any benefit payment option
(other than the qualified joint and survivor
annuity), and
‘‘(III) benefit increases that would not be
eligible for a guarantee under section 4022A of
the Employee Retirement Income Security Act of
1974 on the first day of initial critical year because
the increases were adopted (or, if later, took effect)
less than 60 months before such first day.
‘‘(B) NORMAL RETIREMENT BENEFITS PROTECTED.—
Except as provided in subparagraph (A)(iv)(III), nothing
in this paragraph shall be construed to permit a plan
to reduce the level of a participant’s accrued benefit payable
at normal retirement age.
‘‘(C) NOTICE REQUIREMENTS.—
‘‘(i) IN GENERAL.—No reduction may be made to
adjustable benefits under subparagraph (A) unless
notice of such reduction has been given at least 30
days before the general effective date of such reduction
for all participants and beneficiaries to—
‘‘(I) plan participants and beneficiaries,
‘‘(II) each employer who has an obligation to
contribute (within the meaning of section 4212(a))
under the plan, and
‘‘(III) each employee organization which, for
purposes of collective bargaining, represents plan
participants employed by such an employer.
‘‘(ii) CONTENT OF NOTICE.—The notice under clause
(i) shall contain—
‘‘(I) sufficient information to enable participants and beneficiaries to understand the effect
of any reduction on their benefits, including an
estimate (on an annual or monthly basis) of any
affected adjustable benefit that a participant or
beneficiary would otherwise have been eligible for
as of the general effective date described in clause
(i), and

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00133

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 912

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(II) information as to the rights and remedies
of plan participants and beneficiaries as well as
how to contact the Department of Labor for further
information and assistance where appropriate.
‘‘(iii) FORM AND MANNER.—Any notice under clause
(i)—

Applicability.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

‘‘(I) shall be provided in a form and manner
prescribed in regulations of the Secretary of Labor,
‘‘(II) shall be written in a manner so as to
be understood by the average plan participant,
and
‘‘(III) may be provided in written, electronic,
or other appropriate form to the extent such form
is reasonably accessible to persons to whom the
notice is required to be provided.
The Secretary of Labor shall in the regulations prescribed under subclause (I) establish a model notice
that a plan sponsor may use to meet the requirements
of this subparagraph.
‘‘(9) ADJUSTMENTS DISREGARDED IN WITHDRAWAL LIABILITY
DETERMINATION.—
‘‘(A) BENEFIT REDUCTIONS.—Any benefit reductions
under this subsection shall be disregarded in determining
a plan’s unfunded vested benefits for purposes of determining an employer’s withdrawal liability under section
4201 of the Employee Retirement Income Security Act of
1974.
‘‘(B) SURCHARGES.—Any surcharges under paragraph
(7) shall be disregarded in determining an employer’s withdrawal liability under section 4211 of such Act, except
for purposes of determining the unfunded vested benefits
attributable to an employer under section 4211(c)(4) of
such Act or a comparable method approved under section
4211(c)(5) of such Act.
‘‘(C) SIMPLIFIED CALCULATIONS.—The Pension Benefit
Guaranty Corporation shall prescribe simplified methods
for the application of this paragraph in determining withdrawal liability.
‘‘(f) RULES FOR OPERATION OF PLAN DURING ADOPTION AND
REHABILITATION PERIOD.—
‘‘(1) COMPLIANCE WITH REHABILITATION PLAN.—
‘‘(A) IN GENERAL.—A plan may not be amended after
the date of the adoption of a rehabilitation plan under
subsection (e) so as to be inconsistent with the rehabilitation plan.
‘‘(B) SPECIAL RULES FOR BENEFIT INCREASES.—A plan
may not be amended after the date of the adoption of
a rehabilitation plan under subsection (e) so as to increase
benefits, including future benefit accruals, unless the plan
actuary certifies that such increase is paid for out of additional contributions not contemplated by the rehabilitation
plan, and, after taking into account the benefit increase,
the multiemployer plan still is reasonably expected to
emerge from critical status by the end of the rehabilitation
period on the schedule contemplated in the rehabilitation
plan.
‘‘(2) RESTRICTION ON LUMP SUMS AND SIMILAR BENEFITS.—

Jkt 049139

PO 00280

Frm 00134

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 913

‘‘(A) IN GENERAL.—Effective on the date the notice
of certification of the plan’s critical status for the initial
critical year under subsection (b)(3)(D) is sent, and notwithstanding section 411(d)(6), the plan shall not pay—
‘‘(i) any payment, in excess of the monthly amount
paid under a single life annuity (plus any social security supplements described in the last sentence of section 411(b)(1)(A)),
‘‘(ii) any payment for the purchase of an irrevocable
commitment from an insurer to pay benefits, and
‘‘(iii) any other payment specified by the Secretary
by regulations.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
to a benefit which under section 411(a)(11) may be immediately distributed without the consent of the participant
or to any makeup payment in the case of a retroactive
annuity starting date or any similar payment of benefits
owed with respect to a prior period.
‘‘(3) ADJUSTMENTS DISREGARDED IN WITHDRAWAL LIABILITY
DETERMINATION.—Any benefit reductions under this subsection
shall be disregarded in determining a plan’s unfunded vested
benefits for purposes of determining an employer’s withdrawal
liability under section 4201 of the Employee Retirement Income
Security Act of 1974.
‘‘(4) SPECIAL RULES FOR PLAN ADOPTION PERIOD.—During
the rehabilitation plan adoption period—
‘‘(A) the plan sponsor may not accept a collective bargaining agreement or participation agreement with respect
to the multiemployer plan that provides for—
‘‘(i) a reduction in the level of contributions for
any participants,
‘‘(ii) a suspension of contributions with respect to
any period of service, or
‘‘(iii) any new direct or indirect exclusion of
younger or newly hired employees from plan participation, and
‘‘(B) no amendment of the plan which increases the
liabilities of the plan by reason of any increase in benefits,
any change in the accrual of benefits, or any change in
the rate at which benefits become nonforfeitable under
the plan may be adopted unless the amendment is required
as a condition of qualification under part I of subchapter
D of chapter 1 or to comply with other applicable law.
‘‘(g) EXPEDITED RESOLUTION OF PLAN SPONSOR DECISIONS.—
If, within 60 days of the due date for adoption of a funding improvement plan or a rehabilitation plan under subsection (e), the plan
sponsor of a plan in endangered status or a plan in critical status
has not agreed on a funding improvement plan or rehabilitation
plan, then any member of the board or group that constitutes
the plan sponsor may require that the plan sponsor enter into
an expedited dispute resolution procedure for the development and
adoption of a funding improvement plan or rehabilitation plan.
‘‘(h) NONBARGAINED PARTICIPATION.—
‘‘(1) BOTH BARGAINED AND NONBARGAINED EMPLOYEEPARTICIPANTS.—In the case of an employer that contributes
to a multiemployer plan with respect to both employees who
are covered by one or more collective bargaining agreements

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00135

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Effective date.

Deadline.

APPS06

PsN: PUBL280

120 STAT. 914

PUBLIC LAW 109–280—AUG. 17, 2006

and employees who are not so covered, if the plan is in endangered status or in critical status, benefits of and contributions
for the nonbargained employees, including surcharges on those
contributions, shall be determined as if those nonbargained
employees were covered under the first to expire of the
employer’s collective bargaining agreements in effect when the
plan entered endangered or critical status.
‘‘(2) NONBARGAINED EMPLOYEES ONLY.—In the case of an
employer that contributes to a multiemployer plan only with
respect to employees who are not covered by a collective bargaining agreement, this section shall be applied as if the
employer were the bargaining party, and its participation agreement with the plan were a collective bargaining agreement
with a term ending on the first day of the plan year beginning
after the employer is provided the schedule or schedules
described in subsections (c) and (e).
‘‘(i) DEFINITIONS; ACTUARIAL METHOD.—For purposes of this
section—
‘‘(1) BARGAINING PARTY.—The term ‘bargaining party’
means—
‘‘(A)(i) except as provided in clause (ii), an employer
who has an obligation to contribute under the plan; or
‘‘(ii) in the case of a plan described under section
404(c), or a continuation of such a plan, the association
of employers that is the employer settlor of the plan; and
‘‘(B) an employee organization which, for purposes of
collective bargaining, represents plan participants
employed by an employer who has an obligation to contribute under the plan.
‘‘(2) FUNDED PERCENTAGE.—The term ‘funded percentage’
means the percentage equal to a fraction—
‘‘(A) the numerator of which is the value of the plan’s
assets, as determined under section 431(c)(2), and
‘‘(B) the denominator of which is the accrued liability
of the plan, determined using actuarial assumptions
described in section 431(c)(3).
‘‘(3) ACCUMULATED FUNDING DEFICIENCY.—The term
‘accumulated funding deficiency’ has the meaning given such
term in section 412(a).
‘‘(4) ACTIVE PARTICIPANT.—The term ‘active participant’
means, in connection with a multiemployer plan, a participant
who is in covered service under the plan.
‘‘(5) INACTIVE PARTICIPANT.—The term ‘inactive participant’
means, in connection with a multiemployer plan, a participant,
or the beneficiary or alternate payee of a participant, who—
‘‘(A) is not in covered service under the plan, and
‘‘(B) is in pay status under the plan or has a nonforfeitable right to benefits under the plan.
‘‘(6) PAY STATUS.—A person is in pay status under a multiemployer plan if—
‘‘(A) at any time during the current plan year, such
person is a participant or beneficiary under the plan and
is paid an early, late, normal, or disability retirement benefit under the plan (or a death benefit under the plan
related to a retirement benefit), or

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00136

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 915

‘‘(B) to the extent provided in regulations of the Secretary, such person is entitled to such a benefit under
the plan.
‘‘(7) OBLIGATION TO CONTRIBUTE.—The term ‘obligation to
contribute’ has the meaning given such term under section
4212(a) of the Employee Retirement Income Security Act of
1974.
‘‘(8) ACTUARIAL METHOD.—Notwithstanding any other
provision of this section, the actuary’s determinations with
respect to a plan’s normal cost, actuarial accrued liability, and
improvements in a plan’s funded percentage under this section
shall be based upon the unit credit funding method (whether
or not that method is used for the plan’s actuarial valuation).
‘‘(9) PLAN SPONSOR.—In the case of a plan described under
section 404(c), or a continuation of such a plan, the term
‘plan sponsor’ means the bargaining parties described under
paragraph (1).
‘‘(10) BENEFIT COMMENCEMENT DATE.—The term ‘benefit
commencement date’ means the annuity starting date (or in
the case of a retroactive annuity starting date, the date on
which benefit payments begin).’’
(b) EXCISE TAXES ON FAILURES RELATING TO MULTIEMPLOYER
PLANS IN ENDANGERED OR CRITICAL STATUS.—
(1) IN GENERAL.—Section 4971 of the Internal Revenue
Code of 1986 is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the following:
‘‘(g) MULTIEMPLOYER PLANS IN ENDANGERED OR CRITICAL
STATUS.—
‘‘(1) IN GENERAL.—Except as provided in this subsection—
‘‘(A) no tax shall be imposed under this section for
a taxable year with respect to a multiemployer plan if,
for the plan years ending with or within the taxable year,
the plan is in critical status pursuant to section 432, and
‘‘(B) any tax imposed under this subsection for a taxable year with respect to a multiemployer plan if, for the
plan years ending with or within the taxable year, the
plan is in endangered status pursuant to section 432 shall
be in addition to any other tax imposed by this section.
‘‘(2) FAILURE TO COMPLY WITH FUNDING IMPROVEMENT OR
REHABILITATION PLAN.—
‘‘(A) IN GENERAL.—If any funding improvement plan
or rehabilitation plan in effect under section 432 with
respect to a multiemployer plan requires an employer to
make a contribution to the plan, there is hereby imposed
a tax on each failure of the employer to make the required
contribution within the time required under such plan.
‘‘(B) AMOUNT OF TAX.—The amount of the tax imposed
by subparagraph (A) shall be equal to the amount of the
required contribution the employer failed to make in a
timely manner.
‘‘(C) LIABILITY FOR TAX.—The tax imposed by subparagraph (A) shall be paid by the employer responsible for
contributing to or under the rehabilitation plan which fails
to make the contribution.
‘‘(3) FAILURE TO MEET REQUIREMENTS FOR PLANS IN ENDANGERED OR CRITICAL STATUS.—If—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00137

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 4971.

APPS06

PsN: PUBL280

120 STAT. 916

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(A) a plan which is in seriously endangered status
fails to meet the applicable benchmarks by the end of
the funding improvement period, or
‘‘(B) a plan which is in critical status either—
‘‘(i) fails to meet the requirements of section 432(e)
by the end of the rehabilitation period, or
‘‘(ii) has received a certification under section
432(b)(3)(A)(ii) for 3 consecutive plan years that the
plan is not making the scheduled progress in meeting
its requirements under the rehabilitation plan,
the plan shall be treated as having an accumulated funding
deficiency for purposes of this section for the last plan
year in such funding improvement, rehabilitation, or 3consecutive year period (and each succeeding plan year
until such benchmarks or requirements are met) in an
amount equal to the greater of the amount of the contributions necessary to meet such benchmarks or requirements
or the amount of such accumulated funding deficiency without regard to this paragraph.
‘‘(4) FAILURE TO ADOPT REHABILITATION PLAN.—
‘‘(A) IN GENERAL.—In the case of a multiemployer plan
which is in critical status, there is hereby imposed a tax
on the failure of such plan to adopt a rehabilitation plan
within the time prescribed under section 432.
‘‘(B) AMOUNT OF TAX.—The amount of the tax imposed
under subparagraph (A) with respect to any plan sponsor
for any taxable year shall be the greater of—
‘‘(i) the amount of tax imposed under subsection
(a) for the taxable year (determined without regard
to this subsection), or
‘‘(ii) the amount equal to $1,100 multiplied by the
number of days during the taxable year which are
included in the period beginning on the first day of
the 240-day period described in section 432(e)(1)(A)
and ending on the day on which the rehabilitation
plan is adopted.
‘‘(C) LIABILITY FOR TAX.—
‘‘(i) IN GENERAL.—The tax imposed by subparagraph (A) shall be paid by each plan sponsor.
‘‘(ii) PLAN SPONSOR.—For purposes of clause (i),
the term ‘plan sponsor’ in the case of a multiemployer
plan means the association, committee, joint board of
trustees, or other similar group of representatives of
the parties who establish or maintain the plan.
‘‘(5) WAIVER.—In the case of a failure described in paragraph (2) or (3) which is due to reasonable cause and not
to willful neglect, the Secretary may waive part or all of the
tax imposed by this subsection. For purposes of this paragraph,
reasonable cause includes unanticipated and material market
fluctuations, the loss of a significant contributing employer,
or other factors to the extent that the payment of tax under
this subsection with respect to the failure would be excessive
or otherwise inequitable relative to the failure involved.
‘‘(6) TERMS USED IN SECTION 432.—For purposes of this
subsection, any term used in this subsection which is also
used in section 432 shall have the meaning given such term
by section 432.’’.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00138

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 917

(2) CONTROLLED GROUPS.—Section 4971(c)(2) of such Code
is amended—
(A) by striking ‘‘In the case of a plan other than a
multiemployer plan, if the’’ and inserting ‘‘If an’’, and
(B) by striking ‘‘or (f)’’ and inserting ‘‘(f), or (g)’’.
(c) NO ADDITIONAL CONTRIBUTION REQUIRED.—Section 412(b)
of the Internal Revenue Code of 1986, as amended by this Act,
is amended by adding at the end the following new paragraph:
‘‘(3) MULTIEMPLOYER PLANS IN CRITICAL STATUS.—Paragraph (1) shall not apply in the case of a multiemployer plan
for any plan year in which the plan is in critical status pursuant
to section 432. This paragraph shall only apply if the plan
adopts a rehabilitation plan in accordance with section 432(e)
and complies with such rehabilitation plan (and any modifications of the plan).’’.
(d) CLERICAL AMENDMENT.—The table of sections for subpart
A of part III of subchapter D of chapter 1 of such Code is amended
by adding at the end the following new item:

26 USC 4971.

26 USC 412.

‘‘Sec. 432. Additional funding rules for multiemployer plans in endangered status
or critical status.’’.

(e) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply with respect to plan years beginning after 2007.
(2) SPECIAL RULE FOR CERTAIN NOTICES.—In any case in
which a plan’s actuary certifies that it is reasonably expected
that a multiemployer plan will be in critical status under
section 305(b)(3) of the Employee Retirement Income Security
Act of 1974, as added by this section, with respect to the
first plan year beginning after 2007, the notice required under
subparagraph (D) of such section may be provided at any time
after the date of enactment, so long as it is provided on or
before the last date for providing the notice under such subparagraph.
(3) SPECIAL RULE FOR CERTAIN RESTORED BENEFITS.—In
the case of a multiemployer plan—
(A) with respect to which benefits were reduced pursuant to a plan amendment adopted on or after January
1, 2002, and before June 30, 2005, and
(B) which, pursuant to the plan document, the trust
agreement, or a formal written communication from the
plan sponsor to participants provided before June 30, 2005,
provided for the restoration of such benefits,
the amendments made by this section shall not apply to such
benefit restorations to the extent that any restriction on the
providing or accrual of such benefits would otherwise apply
by reason of such amendments.

26 USC 412 note.

SEC. 213. MEASURES TO FORESTALL INSOLVENCY OF MULTIEMPLOYER PLANS.

(a) ADVANCE DETERMINATION OF IMPENDING INSOLVENCY OVER
5 YEARS.—Section 418E(d)(1) of the Internal Revenue Code of 1986
is amended—
(1) by striking ‘‘3 plan years’’ the second place it appears
and inserting ‘‘5 plan years’’; and
(2) by adding at the end the following new sentence: ‘‘If
the plan sponsor makes such a determination that the plan
will be insolvent in any of the next 5 plan years, the plan

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00139

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 918

26 USC 418E
note.
26 USC 4971
note.

PUBLIC LAW 109–280—AUG. 17, 2006

sponsor shall make the comparison under this paragraph at
least annually until the plan sponsor makes a determination
that the plan will not be insolvent in any of the next 5 plan
years.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to the determinations made in plan years
beginning after 2007.
SEC. 214. EXEMPTION FROM EXCISE TAXES FOR CERTAIN MULTIEMPLOYER PENSION PLANS.

(a) IN GENERAL.—Notwithstanding any other provision of law,
no tax shall be imposed under subsection (a) or (b) of section
4971 of the Internal Revenue Code of 1986 with respect to any
accumulated funding deficiency of a plan described in subsection
(b) of this section for any taxable year beginning before the earlier
of—
(1) the taxable year in which the plan sponsor adopts
a rehabilitation plan under section 305(e) of the Employee
Retirement Income Security Act of 1974 and section 432(e)
of such Code (as added by this Act); or
(2) the taxable year that contains January 1, 2009.
(b) PLAN DESCRIBED.—A plan described under this subsection
is a multiemployer pension plan—
(1) with less than 100 participants;
(2) with respect to which the contributing employers participated in a Federal fishery capacity reduction program;
(3) with respect to which employers under the plan participated in the Northeast Fisheries Assistance Program; and
(4) with respect to which the annual normal cost is less
than $100,000 and the plan is experiencing a funding deficiency
on the date of enactment of this Act.

Subtitle C—Sunset of Additional Funding
Rules
SEC. 221. SUNSET OF ADDITIONAL FUNDING RULES.

(a) REPORT.—Not later than December 31, 2011, the Secretary
of Labor, the Secretary of the Treasury, and the Executive Director
of the Pension Benefit Guaranty Corporation shall conduct a study
of the effect of the amendments made by this subtitle on the
operation and funding status of multiemployer plans and shall
report the results of such study, including any recommendations
for legislation, to the Congress.
(b) MATTERS INCLUDED IN STUDY.—The study required under
subsection (a) shall include—
(1) the effect of funding difficulties, funding rules in effect
before the date of the enactment of this Act, and the amendments made by this subtitle on small businesses participating
in multiemployer plans,
(2) the effect on the financial status of small employers
of—
(A) funding targets set in funding improvement and
rehabilitation plans and associated contribution increases,
(B) funding deficiencies,
(C) excise taxes,
(D) withdrawal liability,

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00140

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 919

(E) the possibility of alternative schedules and procedures for financially troubled employers, and
(F) other aspects of the multiemployer system, and
(3) the role of the multiemployer pension plan system in
helping small employers to offer pension benefits.
(c) SUNSET.—
(1) IN GENERAL.—Except as provided in this subsection,
notwithstanding any other provision of this Act, the provisions
of, and the amendments made by, sections 201(b), 202, and
212 shall not apply to plan years beginning after December
31, 2014.
(2) FUNDING IMPROVEMENT AND REHABILITATION PLANS.—
If a plan is operating under a funding improvement or
rehabilitation plan under section 305 of such Act or 432 of
such Code for its last year beginning before January 1, 2015,
such plan shall continue to operate under such funding improvement or rehabilitation plan during any period after December
31, 2014, such funding improvement or rehabilitation plan is
in effect and all provisions of such Act or Code relating to
the operation of such funding improvement or rehabilitation
plan shall continue in effect during such period.

26 USC 412 note.

TITLE III—INTEREST RATE
ASSUMPTIONS
SEC. 301. EXTENSION OF REPLACEMENT OF 30-YEAR TREASURY RATES.

(a) AMENDMENTS OF ERISA.—
(1) DETERMINATION OF RANGE.—Subclause (II) of section
302(b)(5)(B)(ii) of the Employee Retirement Income Security
Act of 1974 is amended—
(A) by striking ‘‘2006’’ and inserting ‘‘2008’’, and
(B) by striking ‘‘AND 2005’’ in the heading and inserting
‘‘, 2005, 2006, AND 2007’’.
(2) DETERMINATION OF CURRENT LIABILITY.—Subclause (IV)
of section 302(d)(7)(C)(i) of such Act is amended—
(A) by striking ‘‘or 2005’’ and inserting ‘‘, 2005, 2006,
or 2007’’, and
(B) by striking ‘‘AND 2005’’ in the heading and inserting
‘‘, 2005, 2006, AND 2007’’.
(3) PBGC PREMIUM RATE.—Subclause (V) of section
4006(a)(3)(E)(iii) of such Act is amended by striking ‘‘2006’’
and inserting ‘‘2008’’.
(b) AMENDMENTS OF INTERNAL REVENUE CODE.—
(1) DETERMINATION OF RANGE.—Subclause (II) of section
412(b)(5)(B)(ii) of the Internal Revenue Code of 1986 is
amended—
(A) by striking ‘‘2006’’ and inserting ‘‘2008’’, and
(B) by striking ‘‘AND 2005’’ in the heading and inserting
‘‘, 2005, 2006, AND 2007’’.
(2) DETERMINATION OF CURRENT LIABILITY.—Subclause (IV)
of section 412(l)(7)(C)(i) of such Code is amended—
(A) by striking ‘‘or 2005’’ and inserting ‘‘, 2005, 2006,
or 2007’’, and
(B) by striking ‘‘AND 2005’’ in the heading and inserting
‘‘, 2005, 2006, AND 2007’’.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00141

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1082.

29 USC 1306.

26 USC 412.

APPS06

PsN: PUBL280

120 STAT. 920
29 USC 1082.

PUBLIC LAW 109–280—AUG. 17, 2006

(c) PLAN AMENDMENTS.—Clause (ii) of section 101(c)(2)(A) of
the Pension Funding Equity Act of 2004 is amended by striking
‘‘2006’’ and inserting ‘‘2008’’.
SEC. 302. INTEREST RATE ASSUMPTION FOR DETERMINATION OF
LUMP SUM DISTRIBUTIONS.

(a) AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.—Paragraph (3) of section 205(g) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1055(g)(3)) is
amended to read as follows:
‘‘(3)(A) For purposes of paragraphs (1) and (2), the present
value shall not be less than the present value calculated by using
the applicable mortality table and the applicable interest rate.
‘‘(B) For purposes of subparagraph (A)—
‘‘(i) The term ‘applicable mortality table’ means a mortality
table, modified as appropriate by the Secretary of the Treasury,
based on the mortality table specified for the plan year under
subparagraph (A) of section 303(h)(3) (without regard to
subparagraph (C) or (D) of such section).
‘‘(ii) The term ‘applicable interest rate’ means the adjusted
first, second, and third segment rates applied under rules
similar to the rules of section 303(h)(2)(C) for the month before
the date of the distribution or such other time as the Secretary
of the Treasury may by regulations prescribe.
‘‘(iii) For purposes of clause (ii), the adjusted first, second,
and third segment rates are the first, second, and third segment
rates which would be determined under section 303(h)(2)(C)
if—
‘‘(I) section 303(h)(2)(D) were applied by substituting
the average yields for the month described in clause (ii)
for the average yields for the 24-month period described
in such section,
‘‘(II) section 303(h)(2)(G)(i)(II) were applied by substituting
‘section
205(g)(3)(B)(iii)(II)’
for
‘section
302(b)(5)(B)(ii)(II)’, and
‘‘(III) the applicable percentage under section
303(h)(2)(G) were determined in accordance with the following table:

‘‘In the case of plan years
beginning in:
2008 ........................................................................
2009 ........................................................................
2010 ........................................................................
2011 ........................................................................

26 USC 417.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

The applicable
percentage is:
20 percent
40 percent
60 percent
80 percent.’’.

(b) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.—Paragraph (3) of section 417(e) of the Internal Revenue Code of 1986
is amended to read as follows:
‘‘(3) DETERMINATION OF PRESENT VALUE.—
‘‘(A) IN GENERAL.—For purposes of paragraphs (1) and
(2), the present value shall not be less than the present
value calculated by using the applicable mortality table
and the applicable interest rate.
‘‘(B) APPLICABLE MORTALITY TABLE.—For purposes of
subparagraph (A), the term ‘applicable mortality table’
means a mortality table, modified as appropriate by the

Jkt 049139

PO 00280

Frm 00142

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 921

Secretary, based on the mortality table specified for the
plan year under subparagraph (A) of section 430(h)(3)
(without regard to subparagraph (C) or (D) of such section).
‘‘(C) APPLICABLE INTEREST RATE.—For purposes of
subparagraph (A), the term ‘applicable interest rate’ means
the adjusted first, second, and third segment rates applied
under rules similar to the rules of section 430(h)(2)(C)
for the month before the date of the distribution or such
other time as the Secretary may by regulations prescribe.
‘‘(D) APPLICABLE SEGMENT RATES.—For purposes of
subparagraph (C), the adjusted first, second, and third
segment rates are the first, second, and third segment
rates which would be determined under section 430(h)(2)(C)
if—
‘‘(i) section 430(h)(2)(D) were applied by substituting the average yields for the month described
in clause (ii) for the average yields for the 24-month
period described in such section,
‘‘(ii) section 430(h)(2)(G)(i)(II) were applied by substituting ‘section 417(e)(3)(A)(ii)(II)’ for ‘section
412(b)(5)(B)(ii)(II)’, and
‘‘(iii) the applicable percentage under section
430(h)(2)(G) were determined in accordance with the
following table:

‘‘In the case
beginning in:
2008
2009
2010
2011

of

plan

years

The applicable
percentage is:

........................................................................
........................................................................
........................................................................
........................................................................

20
40
60
80

percent
percent
percent
percent.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after December
31, 2007.

26 USC 417 note.

SEC. 303. INTEREST RATE ASSUMPTION FOR APPLYING BENEFIT
LIMITATIONS TO LUMP SUM DISTRIBUTIONS.

(a) IN GENERAL.—Clause (ii) of section 415(b)(2)(E) of the
Internal Revenue Code of 1986 is amended to read as follows:
‘‘(ii) For purposes of adjusting any benefit under
subparagraph (B) for any form of benefit subject to
section 417(e)(3), the interest rate assumption shall
not be less than the greatest of—
‘‘(I) 5.5 percent,
‘‘(II) the rate that provides a benefit of not
more than 105 percent of the benefit that would
be provided if the applicable interest rate (as
defined in section 417(e)(3)) were the interest rate
assumption, or
‘‘(III) the rate specified under the plan.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to distributions made in years beginning after December
31, 2005.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00143

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 415.

26 USC 415 note.

APPS06

PsN: PUBL280

120 STAT. 922

PUBLIC LAW 109–280—AUG. 17, 2006

TITLE IV—PBGC GUARANTEE AND
RELATED PROVISIONS
SEC. 401. PBGC PREMIUMS.

(a) VARIABLE-RATE PREMIUMS.—
(1) CONFORMING AMENDMENTS RELATED TO FUNDING RULES
FOR SINGLE-EMPLOYER PLANS.—Section 4006(a)(3)(E) of the
Employee Retirement Income and Security Act of 1974 (29
U.S.C. 1306(a)(3)(E)) is amended by striking clauses (iii) and
(iv) and inserting the following:
‘‘(iii) For purposes of clause (ii), the term ‘unfunded vested
benefits’ means, for a plan year, the excess (if any) of—
‘‘(I) the funding target of the plan as determined under
section 303(d) for the plan year by only taking into account
vested benefits and by using the interest rate described in
clause (iv), over
‘‘(II) the fair market value of plan assets for the plan
year which are held by the plan on the valuation date.
‘‘(iv) The interest rate used in valuing benefits for purposes
of subclause (I) of clause (iii) shall be equal to the first, second,
or third segment rate for the month preceding the month in which
the plan year begins, which would be determined under section
303(h)(2)(C) if section 303(h)(2)(D) were applied by using the
monthly yields for the month preceding the month in which the
plan year begins on investment grade corporate bonds with varying
maturities and in the top 3 quality levels rather than the average
of such yields for a 24-month period.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply with respect to plan years beginning after 2007.
(b) TERMINATION PREMIUMS.—
(1) REPEAL OF SUNSET PROVISION.—Subparagraph (E) of
section 4006(a)(7) of such Act is repealed.
(2) TECHNICAL CORRECTION.—
(A) IN GENERAL.—Section 4006(a)(7)(C)(ii) of such Act
is amended by striking ‘‘subparagraph (B)(i)(I)’’ and
inserting ‘‘subparagraph (B)’’.
(B) EFFECTIVE DATE.—The amendment made by this
paragraph shall take effect as if included in the provision
of the Deficit Reduction Act of 2005 to which it relates.

29 USC 1306
note.

29 USC 1306
note.
26 USC 430 note.

SEC. 402. SPECIAL FUNDING RULES FOR CERTAIN PLANS MAINTAINED
BY COMMERCIAL AIRLINES.

(a) IN GENERAL.—The plan sponsor of an eligible plan may
elect to either—
(1) have the rules of subsection (b) apply, or
(2) have section 303 of the Employee Retirement Income
Security Act of 1974 and section 430 of the Internal Revenue
Code of 1986 applied to its first taxable year beginning in
2008 by amortizing the shortfall amortization base for such
taxable year over a period of 10 plan years (rather than 7
plan years) beginning with such plan year.
(b) ALTERNATIVE FUNDING SCHEDULE.—
(1) IN GENERAL.—If an election is made under subsection
(a)(1) to have this subsection apply to an eligible plan and
the requirements of paragraphs (2) and (3) are met with respect
to the plan—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00144

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 923

(A) in the case of any applicable plan year beginning
before January 1, 2008, the plan shall not have an accumulated funding deficiency for purposes of section 302 of the
Employee Retirement Income Security Act of 1974 and
sections 412 and 4971 of the Internal Revenue Code of
1986 if contributions to the plan for the plan year are
not less than the minimum required contribution determined under subsection (e) for the plan for the plan year,
and
(B) in the case of any applicable plan year beginning
on or after January 1, 2008, the minimum required contribution determined under sections 303 of such Act and
430 of such Code shall, for purposes of sections 302 and
303 of such Act and sections 412, 430, and 4971 of such
Code, be equal to the minimum required contribution determined under subsection (e) for the plan for the plan year.
(2) ACCRUAL RESTRICTIONS.—
(A) IN GENERAL.—The requirements of this paragraph
are met if, effective as of the first day of the first applicable
plan year and at all times thereafter while an election
under this section is in effect, the plan provides that—
(i) the accrued benefit, any death or disability benefit, and any social security supplement described in
the last sentence of section 411(a)(9) of such Code
and section 204(b)(1)(G) of such Act, of each participant
are frozen at the amount of such benefit or supplement
immediately before such first day, and
(ii) all other benefits under the plan are eliminated,
but only to the extent the freezing or elimination of such
benefits would have been permitted under section 411(d)(6)
of such Code and section 204(g) of such Act if they had
been implemented by a plan amendment adopted immediately before such first day.
(B) INCREASES IN SECTION 415 LIMITS.—If a plan provides that an accrued benefit of a participant which has
been subject to any limitation under section 415 of such
Code will be increased if such limitation is increased, the
plan shall not be treated as meeting the requirements
of this section unless, effective as of the first day of the
first applicable plan year (or, if later, the date of the
enactment of this Act) and at all times thereafter while
an election under this section is in effect, the plan provides
that any such increase shall not take effect. A plan shall
not fail to meet the requirements of section 411(d)(6) of
such Code and section 204(g) of such Act solely because
the plan is amended to meet the requirements of this
subparagraph.
(3) RESTRICTION ON APPLICABLE BENEFIT INCREASES.—
(A) IN GENERAL.—The requirements of this paragraph
are met if no applicable benefit increase takes effect at
any time during the period beginning on July 26, 2005,
and ending on the day before the first day of the first
applicable plan year.
(B) APPLICABLE BENEFIT INCREASE.—For purposes of
this paragraph, the term ‘‘applicable benefit increase’’
means, with respect to any plan year, any increase in

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00145

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 924

liabilities of the plan by plan amendment (or otherwise
provided in regulations provided by the Secretary) which,
but for this paragraph, would occur during the plan year
by reason of—
(i) any increase in benefits,
(ii) any change in the accrual of benefits, or
(iii) any change in the rate at which benefits
become nonforfeitable under the plan.
(4) EXCEPTION FOR IMPUTED DISABILITY SERVICE.—Paragraphs (2) and (3) shall not apply to any accrual or increase
with respect to imputed service provided to a participant during
any period of the participant’s disability occurring on or after
the effective date of the plan amendment providing the restrictions under paragraph (2) (or on or after July 26, 2005, in
the case of the restrictions under paragraph (3)) if the participant—
(A) was receiving disability benefits as of such date,
or
(B) was receiving sick pay and subsequently determined to be eligible for disability benefits as of such date.
(c) DEFINITIONS.—For purposes of this section—
(1) ELIGIBLE PLAN.—The term ‘‘eligible plan’’ means a
defined benefit plan (other than a multiemployer plan) to which
sections 302 of such Act and 412 of such Code applies which
is sponsored by an employer—
(A) which is a commercial airline passenger airline,
or
(B) the principal business of which is providing catering
services to a commercial passenger airline.
(2) APPLICABLE PLAN YEAR.—The term ‘‘applicable plan
year’’ means each plan year to which the election under subsection (a)(1) applies under subsection (d)(1)(A).
(d) ELECTIONS AND RELATED TERMS.—
(1) YEARS FOR WHICH ELECTION MADE.—
(A) ALTERNATIVE FUNDING SCHEDULE.—If an election
under subsection (a)(1) was made with respect to an eligible
plan, the plan sponsor may select either a plan year beginning in 2006 or a plan year beginning in 2007 as the
first plan year to which such election applies. The election
shall apply to such plan year and all subsequent years.
The election shall be made—
(i) not later than December 31, 2006, in the case
of an election for a plan year beginning in 2006, or
(ii) not later than December 31, 2007, in the case
of an election for a plan year beginning in 2007.
(B) 10 YEAR AMORTIZATION.—An election under subsection (a)(2) shall be made not later than December 31,
2007.
(C) ELECTION OF NEW PLAN YEAR FOR ALTERNATIVE
FUNDING SCHEDULE.—In the case of an election under subsection (a)(1), the plan sponsor may specify a new plan
year in such election and the plan year of the plan may
be changed to such new plan year without the approval
of the Secretary of the Treasury.
(2) MANNER OF ELECTION.—A plan sponsor shall make any
election under subsection (a) in such manner as the Secretary

Deadlines.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00146

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 925

of the Treasury may prescribe. Such election, once made, may
be revoked only with the consent of such Secretary.
(e) MINIMUM REQUIRED CONTRIBUTION.—In the case of an
eligible plan with respect to which an election is made under
subsection (a)(1)—
(1) IN GENERAL.—In the case of any applicable plan year
during the amortization period, the minimum required contribution shall be the amount necessary to amortize the
unfunded liability of the plan, determined as of the first day
of the plan year, in equal annual installments (until fully
amortized) over the remainder of the amortization period. Such
amount shall be separately determined for each applicable plan
year.
(2) YEARS AFTER AMORTIZATION PERIOD.—In the case of
any plan year beginning after the end of the amortization
period, section 302(a)(2)(A) of such Act and section 412(a)(2)(A)
of such Code shall apply to such plan, but the prefunding
balance and funding standard carryover balance as of the first
day of the first of such years under section 303(f) of such
Act and section 430(f) of such Code shall be zero.
(3) DEFINITIONS.—For purposes of this section—
(A) UNFUNDED LIABILITY.—The term ‘‘unfunded
liability’’ means the unfunded accrued liability under the
plan, determined under the unit credit funding method.
(B) AMORTIZATION PERIOD.—The term ‘‘amortization
period’’ means the 17-plan year period beginning with the
first applicable plan year.
(4) OTHER RULES.—In determining the minimum required
contribution and amortization amount under this subsection—
(A) the provisions of section 302(c)(3) of such Act and
section 412(c)(3) of such Code, as in effect before the date
of enactment of this section, shall apply,
(B) a rate of interest of 8.85 percent shall be used
for all calculations requiring an interest rate, and
(C) the value of plan assets shall be equal to their
fair market value.
(5) SPECIAL RULE FOR CERTAIN PLAN SPINOFFS.—For purposes of subsection (b), if, with respect to any eligible plan
to which this subsection applies—
(A) any applicable plan year includes the date of the
enactment of this Act,
(B) a plan was spun off from the eligible plan during
the plan year but before such date of enactment,
the minimum required contribution under paragraph (1) for
the eligible plan for such applicable plan year shall be an
aggregate amount determined as if the plans were a single
plan for that plan year (based on the full 12-month plan year
in effect prior to the spin-off). The employer shall designate
the allocation of such aggregate amount between such plans
for the applicable plan year.
(f) SPECIAL RULES FOR CERTAIN BALANCES AND WAIVERS.—
In the case of an eligible plan with respect to which an election
is made under subsection (a)(1)—
(1) FUNDING STANDARD ACCOUNT AND CREDIT BALANCES.—
Any charge or credit in the funding standard account under
section 302 of such Act or section 412 of such Code, and any
prefunding balance or funding standard carryover balance

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00147

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

APPS06

PsN: PUBL280

120 STAT. 926

29 USC 1322.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

under section 303 of such Act or section 430 of such Code,
as of the day before the first day of the first applicable plan
year, shall be reduced to zero.
(2) WAIVED FUNDING DEFICIENCIES.—Any waived funding
deficiency under sections 302 and 303 of such Act or section
412 of such Code, as in effect before the date of enactment
of this section, shall be deemed satisfied as of the first day
of the first applicable plan year and the amount of such waived
funding deficiency shall be taken into account in determining
the plan’s unfunded liability under subsection (e)(3)(A). In the
case of a plan amendment adopted to satisfy the requirements
of subsection (b)(2), the plan shall not be deemed to violate
section 304(b) of such Act or section 412(f) of such Code, as
so in effect, by reason of such amendment or any increase
in benefits provided to such plan’s participants under a separate
plan that is a defined contribution plan or a multiemployer
plan.
(g) OTHER RULES FOR PLANS MAKING ELECTION UNDER THIS
SECTION.—
(1) SUCCESSOR PLANS TO CERTAIN PLANS.—If—
(A) an election under paragraph (1) or (2) of subsection
(a) is in effect with respect to any eligible plan, and
(B) the eligible plan is maintained by an employer
that establishes or maintains 1 or more other defined benefit plans (other than any multiemployer plan), and such
other plans in combination provide benefit accruals to any
substantial number of successor employees,
the Secretary of the Treasury may, in the Secretary’s discretion,
determine that any trust of which any other such plan is
a part does not constitute a qualified trust under section 401(a)
of the Internal Revenue Code of 1986 unless all benefit obligations of the eligible plan have been satisfied. For purposes
of this paragraph, the term ‘‘successor employee’’ means any
employee who is or was covered by the eligible plan and any
employees who perform substantially the same type of work
with respect to the same business operations as an employee
covered by such eligible plan.
(2) SPECIAL RULES FOR TERMINATIONS.—
(A) PBGC LIABILITY LIMITED.—Section 4022 of the
Employee Retirement Income Security Act of 1974, as
amended by this Act, is amended by adding at the end
the following new subsection:
‘‘(h) SPECIAL RULE FOR PLANS ELECTING CERTAIN FUNDING
REQUIREMENTS.—If any plan makes an election under section
402(a)(1) of the Pension Protection Act of 2006 and is terminated
effective before the end of the 10-year period beginning on the
first day of the first applicable plan year—
‘‘(1) this section shall be applied—
‘‘(A) by treating the first day of the first applicable
plan year as the termination date of the plan, and
‘‘(B) by determining the amount of guaranteed benefits
on the basis of plan assets and liabilities as of such
assumed termination date, and
‘‘(2) notwithstanding section 4044(a), plan assets shall first
be allocated to pay the amount, if any, by which—
‘‘(A) the amount of guaranteed benefits under this section (determined without regard to paragraph (1) and on

Jkt 049139

PO 00280

Frm 00148

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 927

the basis of plan assets and liabilities as of the actual
date of plan termination), exceeds
‘‘(B) the amount determined under paragraph (1).’’.
(B) TERMINATION PREMIUM.—In applying section
4006(a)(7)(A) of the Employee Retirement Income Security
Act of 1974 to an eligible plan during any period in which
an election under subsection (a)(1) is in effect—
(i) ‘‘$2,500’’ shall be substituted for ‘‘$1,250’’ in
such section if such plan terminates during the 5year period beginning on the first day of the first
applicable plan year with respect to such plan, and
(ii) such section shall be applied without regard
to subparagraph (B) of section 8101(d)(2) of the Deficit
Reduction Act of 2005 (relating to special rule for plans
terminated in bankruptcy).
The substitution described in clause (i) shall not apply
with respect to any plan if the Secretary of Labor determines that such plan terminated as a result of extraordinary circumstances such as a terrorist attack or other
similar event.
(3) LIMITATION ON DEDUCTIONS UNDER CERTAIN PLANS.—
Section 404(a)(7)(C)(iv) of the Internal Revenue Code of 1986,
as added by this Act, shall not apply with respect to any
taxable year of a plan sponsor of an eligible plan if any
applicable plan year with respect to such plan ends with or
within such taxable year.
(4) NOTICE.—In the case of a plan amendment adopted
in order to comply with this section, any notice required under
section 204(h) of such Act or section 4980F(e) of such Code
shall be provided within 15 days of the effective date of such
plan amendment. This subsection shall not apply to any plan
unless such plan is maintained pursuant to one or more collective bargaining agreements between employee representatives
and 1 or more employers.
(h) EXCLUSION OF CERTAIN EMPLOYEES FROM MINIMUM COVERAGE REQUIREMENTS.—
(1) IN GENERAL.—Section 410(b)(3) of such Code is amended
by striking the last sentence and inserting the following: ‘‘For
purposes of subparagraph (B), management pilots who are not
represented in accordance with title II of the Railway Labor
Act shall be treated as covered by a collective bargaining agreement described in such subparagraph if the management pilots
manage the flight operations of air pilots who are so represented
and the management pilots are, pursuant to the terms of the
agreement, included in the group of employees benefitting
under the trust described in such subparagraph. Subparagraph
(B) shall not apply in the case of a plan which provides contributions or benefits for employees whose principal duties are not
customarily performed aboard an aircraft in flight (other than
management pilots described in the preceding sentence).’’
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to years beginning before, on, or after the
date of the enactment of this Act.
(i) EXTENSION OF SPECIAL RULE FOR ADDITIONAL FUNDING
REQUIREMENTS.—In the case of an employer which is a commercial
passenger airline, section 302(d)(12) of the Employee Retirement
Income Security Act of 1974 and section 412(l)(12) of the Internal

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00149

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

Deadline.

26 USC 410.

APPS06

PsN: PUBL280

120 STAT. 928

PUBLIC LAW 109–280—AUG. 17, 2006

Revenue Code of 1986, as in effect before the date of the enactment
of this Act, shall each be applied—
(1) by substituting ‘‘December 28, 2007’’ for ‘‘December
28, 2005’’ in subparagraph (D)(i) thereof, and
(2) without regard to subparagraph (D)(ii).
(j) EFFECTIVE DATE.—Except as otherwise provided in this section, the provisions of and amendments made by this section shall
apply to plan years ending after the date of the enactment of
this Act.
SEC. 403. LIMITATION ON PBGC GUARANTEE OF SHUTDOWN AND
OTHER BENEFITS.

29 USC 1322
note.

(a) IN GENERAL.—Section 4022(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1322(b)) is amended by
adding at the end the following:
‘‘(8) If an unpredictable contingent event benefit (as defined
in section 206(g)(1)) is payable by reason of the occurrence
of any event, this section shall be applied as if a plan amendment had been adopted on the date such event occurred.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to benefits that become payable as a result of an
event which occurs after July 26, 2005.
SEC. 404. RULES RELATING TO BANKRUPTCY OF EMPLOYER.

29 USC 1322
note.

(a) GUARANTEE.—Section 4022 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1322) is amended by adding
at the end the following:
‘‘(g) BANKRUPTCY FILING SUBSTITUTED FOR TERMINATION
DATE.—If a contributing sponsor of a plan has filed or has had
filed against such person a petition seeking liquidation or reorganization in a case under title 11, United States Code, or under
any similar Federal law or law of a State or political subdivision,
and the case has not been dismissed as of the termination date
of the plan, then this section shall be applied by treating the
date such petition was filed as the termination date of the plan.’’.
(b) ALLOCATION OF ASSETS AMONG PRIORITY GROUPS IN BANKRUPTCY PROCEEDINGS.—Section 4044 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1344) is amended by adding
at the end the following:
‘‘(e) BANKRUPTCY FILING SUBSTITUTED FOR TERMINATION
DATE.—If a contributing sponsor of a plan has filed or has had
filed against such person a petition seeking liquidation or reorganization in a case under title 11, United States Code, or under
any similar Federal law or law of a State or political subdivision,
and the case has not been dismissed as of the termination date
of the plan, then subsection (a)(3) shall be applied by treating
the date such petition was filed as the termination date of the
plan.’’.
(c) EFFECTIVE DATE.—The amendments made this section shall
apply with respect to proceedings initiated under title 11, United
States Code, or under any similar Federal law or law of a State
or political subdivision, on or after the date that is 30 days after
the date of enactment of this Act.
SEC. 405. PBGC PREMIUMS FOR SMALL PLANS.

(a) SMALL PLANS.—Paragraph (3) of section 4006(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)) is amended—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00150

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 929

(1) by striking ‘‘The additional’’ in subparagraph (E)(i) and
inserting ‘‘Except as provided in subparagraph (H), the additional’’, and
(2) by inserting after subparagraph (G) the following new
subparagraph:
‘‘(H)(i) In the case of an employer who has 25 or fewer
employees on the first day of the plan year, the additional premium
determined under subparagraph (E) for each participant shall not
exceed $5 multiplied by the number of participants in the plan
as of the close of the preceding plan year.
‘‘(ii) For purposes of clause (i), whether an employer has 25
or fewer employees on the first day of the plan year is determined
by taking into consideration all of the employees of all members
of the contributing sponsor’s controlled group. In the case of a
plan maintained by two or more contributing sponsors, the
employees of all contributing sponsors and their controlled groups
shall be aggregated for purposes of determining whether the 25or-fewer-employees limitation has been satisfied.’’
(b) EFFECTIVE DATES.—The amendment made by this section
shall apply to plan years beginning after December 31, 2006.

29 USC 1306
note.

SEC. 406. AUTHORIZATION FOR PBGC TO PAY INTEREST ON PREMIUM
OVERPAYMENT REFUNDS.

(a) IN GENERAL.—Section 4007(b) of the Employment Retirement Income Security Act of 1974 (29 U.S.C. 1307(b)) is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’, and
(2) by inserting at the end the following new paragraph:
‘‘(2) The corporation is authorized to pay, subject to regulations
prescribed by the corporation, interest on the amount of any overpayment of premium refunded to a designated payor. Interest under
this paragraph shall be calculated at the same rate and in the
same manner as interest is calculated for underpayments under
paragraph (1).’’
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to interest accruing for periods beginning not earlier
than the date of the enactment of this Act.

Regulations.

29 USC 1307
note.

SEC. 407. RULES FOR SUBSTANTIAL OWNER BENEFITS IN TERMINATED
PLANS.

(a) MODIFICATION OF PHASE-IN OF GUARANTEE.—Section
4022(b)(5) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1322(b)(5)) is amended to read as follows:
‘‘(5)(A) For purposes of this paragraph, the term ‘majority
owner’ means an individual who, at any time during the 60-month
period ending on the date the determination is being made—
‘‘(i) owns the entire interest in an unincorporated trade
or business,
‘‘(ii) in the case of a partnership, is a partner who owns,
directly or indirectly, 50 percent or more of either the capital
interest or the profits interest in such partnership, or
‘‘(iii) in the case of a corporation, owns, directly or
indirectly, 50 percent or more in value of either the voting
stock of that corporation or all the stock of that corporation.
For purposes of clause (iii), the constructive ownership rules of
section 1563(e) of the Internal Revenue Code of 1986 (other than
paragraph (3)(C) thereof) shall apply, including the application of
such rules under section 414(c) of such Code.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00151

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 930

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(B) In the case of a participant who is a majority owner,
the amount of benefits guaranteed under this section shall equal
the product of—
‘‘(i) a fraction (not to exceed 1) the numerator of which
is the number of years from the later of the effective date
or the adoption date of the plan to the termination date, and
the denominator of which is 10, and
‘‘(ii) the amount of benefits that would be guaranteed under
this section if the participant were not a majority owner.’’
(b) MODIFICATION OF ALLOCATION OF ASSETS.—
(1) Section 4044(a)(4)(B) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1344(a)(4)(B)) is
amended by striking ‘‘section 4022(b)(5)’’ and inserting ‘‘section
4022(b)(5)(B)’’.
(2) Section 4044(b) of such Act (29 U.S.C. 1344(b)) is
amended—
(A) by striking ‘‘(5)’’ in paragraph (2) and inserting
‘‘(4), (5),’’, and
(B) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively, and by inserting
after paragraph (2) the following new paragraph:
‘‘(3) If assets available for allocation under paragraph (4)
of subsection (a) are insufficient to satisfy in full the benefits
of all individuals who are described in that paragraph, the
assets shall be allocated first to benefits described in subparagraph (A) of that paragraph. Any remaining assets shall then
be allocated to benefits described in subparagraph (B) of that
paragraph. If assets allocated to such subparagraph (B) are
insufficient to satisfy in full the benefits described in that
subparagraph, the assets shall be allocated pro rata among
individuals on the basis of the present value (as of the termination date) of their respective benefits described in that
subparagraph.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 4021 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1321) is amended—
(A) in subsection (b)(9), by striking ‘‘as defined in section 4022(b)(6)’’, and
(B) by adding at the end the following new subsection:
‘‘(d) For purposes of subsection (b)(9), the term ‘substantial
owner’ means an individual who, at any time during the 60-month
period ending on the date the determination is being made—
‘‘(1) owns the entire interest in an unincorporated trade
or business,
‘‘(2) in the case of a partnership, is a partner who owns,
directly or indirectly, more than 10 percent of either the capital
interest or the profits interest in such partnership, or
‘‘(3) in the case of a corporation, owns, directly or indirectly,
more than 10 percent in value of either the voting stock of
that corporation or all the stock of that corporation.
For purposes of paragraph (3), the constructive ownership rules
of section 1563(e) of the Internal Revenue Code of 1986 (other
than paragraph (3)(C) thereof) shall apply, including the application
of such rules under section 414(c) of such Code.’’.
(2) Section 4043(c)(7) of such Act (29 U.S.C. 1343(c)(7))
is amended by striking ‘‘section 4022(b)(6)’’ and inserting ‘‘section 4021(d)’’.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00152

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 931

(d) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to plan terminations—
(A) under section 4041(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1341(c)) with
respect to which notices of intent to terminate are provided
under section 4041(a)(2) of such Act (29 U.S.C. 1341(a)(2))
after December 31, 2005, and
(B) under section 4042 of such Act (29 U.S.C. 1342)
with respect to which notices of determination are provided
under such section after such date.
(2) CONFORMING AMENDMENTS.—The amendments made by
subsection (c) shall take effect on January 1, 2006.

29 USC 1321
note.

Effective date.

SEC. 408. ACCELERATION OF PBGC COMPUTATION OF BENEFITS
ATTRIBUTABLE TO RECOVERIES FROM EMPLOYERS.

(a) MODIFICATION OF AVERAGE RECOVERY PERCENTAGE OF OUTSTANDING AMOUNT OF BENEFIT LIABILITIES PAYABLE BY CORPORATION TO PARTICIPANTS AND BENEFICIARIES.—Section 4022(c)(3)(B)(ii)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1322(c)(3)(B)(ii)) is amended to read as follows:
‘‘(ii) notices of intent to terminate were provided
(or in the case of a termination by the corporation,
a notice of determination under section 4042 was
issued) during the 5-Federal fiscal year period ending
with the third fiscal year preceding the fiscal year
in which occurs the date of the notice of intent to
terminate (or the notice of determination under section
4042) with respect to the plan termination for which
the recovery ratio is being determined.’’
(b) VALUATION OF SECTION 4062(c) LIABILITY FOR DETERMINING
AMOUNTS PAYABLE BY CORPORATION TO PARTICIPANTS AND BENEFICIARIES.—
(1) SINGLE-EMPLOYER PLAN BENEFITS GUARANTEED.—Section 4022(c)(3)(A) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 13) is amended to read as follows:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C), the term ‘recovery ratio’ means the ratio which—
‘‘(i) the sum of the values of all recoveries under
section 4062, 4063, or 4064, determined by the corporation in connection with plan terminations described
under subparagraph (B), bears to
‘‘(ii) the sum of all unfunded benefit liabilities
under such plans as of the termination date in connection with any such prior termination.’’.
(2) ALLOCATION OF ASSETS.—Section 4044 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1362) is
amended by adding at the end the following new subsection:
‘‘(e) VALUATION OF SECTION 4062(c) LIABILITY FOR DETERMINING
AMOUNTS PAYABLE BY CORPORATION TO PARTICIPANTS AND BENEFICIARIES.—
‘‘(1) IN GENERAL.—In the case of a terminated plan, the
value of the recovery of liability under section 4062(c) allocable
as a plan asset under this section for purposes of determining
the amount of benefits payable by the corporation shall be
determined by multiplying—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00153

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1322.

29 USC 1344.

APPS06

PsN: PUBL280

120 STAT. 932

29 USC 1322
note.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(A) the amount of liability under section 4062(c) as
of the termination date of the plan, by
‘‘(B) the applicable section 4062(c) recovery ratio.
‘‘(2) SECTION 4062(c) RECOVERY RATIO.—For purposes of
this subsection—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C), the term ‘section 4062(c) recovery ratio’ means the
ratio which—
‘‘(i) the sum of the values of all recoveries under
section 4062(c) determined by the corporation in
connection with plan terminations described under
subparagraph (B), bears to
‘‘(ii) the sum of all the amounts of liability under
section 4062(c) with respect to such plans as of the
termination date in connection with any such prior
termination.
‘‘(B) PRIOR TERMINATIONS.—A plan termination
described in this subparagraph is a termination with
respect to which—
‘‘(i) the value of recoveries under section 4062(c)
have been determined by the corporation, and
‘‘(ii) notices of intent to terminate were provided
(or in the case of a termination by the corporation,
a notice of determination under section 4042 was
issued) during the 5-Federal fiscal year period ending
with the third fiscal year preceding the fiscal year
in which occurs the date of the notice of intent to
terminate (or the notice of determination under section
4042) with respect to the plan termination for which
the recovery ratio is being determined.
‘‘(C) EXCEPTION.—In the case of a terminated plan
with respect to which the outstanding amount of benefit
liabilities exceeds $20,000,000, the term ‘section 4062(c)
recovery ratio’ means, with respect to the termination of
such plan, the ratio of—
‘‘(i) the value of the recoveries on behalf of the
plan under section 4062(c), to
‘‘(ii) the amount of the liability owed under section
4062(c) as of the date of plan termination to the trustee
appointed under section 4042 (b) or (c).
‘‘(3) SUBSECTION NOT TO APPLY.—This subsection shall not
apply with respect to the determination of—
‘‘(A) whether the amount of outstanding benefit liabilities exceeds $20,000,000, or
‘‘(B) the amount of any liability under section 4062
to the corporation or the trustee appointed under section
4042 (b) or (c).
‘‘(4) DETERMINATIONS.—Determinations under this subsection shall be made by the corporation. Such determinations
shall be binding unless shown by clear and convincing evidence
to be unreasonable.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply for any termination for which notices of intent to terminate are provided (or in the case of a termination by the corporation,
a notice of determination under section 4042 under the Employee
Retirement Income Security Act of 1974 is issued) on or after

Jkt 049139

PO 00280

Frm 00154

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 933

the date which is 30 days after the date of enactment of this
section.
SEC. 409. TREATMENT OF CERTAIN PLANS WHERE CESSATION OR
CHANGE IN MEMBERSHIP OF A CONTROLLED GROUP.

(a) IN GENERAL.—Section 4041(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1341(b)) is amended by
adding at the end the following new paragraph:
‘‘(5) SPECIAL RULE FOR CERTAIN PLANS WHERE CESSATION
OR CHANGE IN MEMBERSHIP OF A CONTROLLED GROUP.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), if—
‘‘(i) there is transaction or series of transactions
which result in a person ceasing to be a member of
a controlled group, and
‘‘(ii) such person immediately before the transaction or series of transactions maintained a singleemployer plan which is a defined benefit plan which
is fully funded,
then the interest rate used in determining whether the
plan is sufficient for benefit liabilities or to otherwise assess
plan liabilities for purposes of this subsection or section
4042(a)(4) shall be not less than the interest rate used
in determining whether the plan is fully funded.
‘‘(B) LIMITATIONS.—Subparagraph (A) shall not apply
to any transaction or series of transactions unless—
‘‘(i) any employer maintaining the plan immediately before or after such transaction or series of
transactions—
‘‘(I) has an outstanding senior unsecured debt
instrument which is rated investment grade by
each of the nationally recognized statistical rating
organizations for corporate bonds that has issued
a credit rating for such instrument, or
‘‘(II) if no such debt instrument of such
employer has been rated by such an organization
but 1 or more of such organizations has made
an issuer credit rating for such employer, all such
organizations which have so rated the employer
have rated such employer investment grade, and
‘‘(ii) the employer maintaining the plan after the
transaction or series of transactions employs at least
20 percent of the employees located in the United
States who were employed by such employer immediately before the transaction or series of transactions.
‘‘(C) FULLY FUNDED.—For purposes of subparagraph
(A), a plan shall be treated as fully funded with respect
to any transaction or series of transactions if—
‘‘(i) in the case of a transaction or series of transactions which occur in a plan year beginning before
January 1, 2008, the funded current liability percentage determined under section 302(d) for the plan year
is at least 100 percent, and
‘‘(ii) in the case of a transaction or series of transactions which occur in a plan year beginning on or

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00155

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 934

29 USC 1341
note.

PUBLIC LAW 109–280—AUG. 17, 2006

after such date, the funding target attainment percentage determined under section 303 is, as of the valuation
date for such plan year, at least 100 percent.
‘‘(D) 2 YEAR LIMITATION.—Subparagraph (A) shall not
apply to any transaction or series of transactions if the
plan referred to in subparagraph (A)(ii) is terminated under
section 4041(c) or 4042 after the close of the 2-year period
beginning on the date on which the first such transaction
occurs.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to any transaction or series of transactions occurring
on and after the date of the enactment of this Act.
SEC. 410. MISSING PARTICIPANTS.

Regulations.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

(a) IN GENERAL.—Section 4050 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1350) is amended by redesignating subsection (c) as subsection (e) and by inserting after subsection (b) the following new subsections:
‘‘(c) MULTIEMPLOYER PLANS.—The corporation shall prescribe
rules similar to the rules in subsection (a) for multiemployer plans
covered by this title that terminate under section 4041A.
‘‘(d) PLANS NOT OTHERWISE SUBJECT TO TITLE.—
‘‘(1) TRANSFER TO CORPORATION.—The plan administrator
of a plan described in paragraph (4) may elect to transfer
a missing participant’s benefits to the corporation upon termination of the plan.
‘‘(2) INFORMATION TO THE CORPORATION.—To the extent
provided in regulations, the plan administrator of a plan
described in paragraph (4) shall, upon termination of the plan,
provide the corporation information with respect to benefits
of a missing participant if the plan transfers such benefits—
‘‘(A) to the corporation, or
‘‘(B) to an entity other than the corporation or a plan
described in paragraph (4)(B)(ii).
‘‘(3) PAYMENT BY THE CORPORATION.—If benefits of a
missing participant were transferred to the corporation under
paragraph (1), the corporation shall, upon location of the participant or beneficiary, pay to the participant or beneficiary the
amount transferred (or the appropriate survivor benefit)
either—
‘‘(A) in a single sum (plus interest), or
‘‘(B) in such other form as is specified in regulations
of the corporation.
‘‘(4) PLANS DESCRIBED.—A plan is described in this paragraph if—
‘‘(A) the plan is a pension plan (within the meaning
of section 3(2))—
‘‘(i) to which the provisions of this section do not
apply (without regard to this subsection), and
‘‘(ii) which is not a plan described in paragraphs
(2) through (11) of section 4021(b), and
‘‘(B) at the time the assets are to be distributed upon
termination, the plan—
‘‘(i) has missing participants, and
‘‘(ii) has not provided for the transfer of assets
to pay the benefits of all missing participants to

Jkt 049139

PO 00280

Frm 00156

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 935

another pension plan (within the meaning of section
3(2)).
‘‘(5) CERTAIN PROVISIONS NOT TO APPLY.—Subsections (a)(1)
and (a)(3) shall not apply to a plan described in paragraph
(4).’’.
(b) CONFORMING AMENDMENTS.—Section 206(f) of such Act (29
U.S.C. 1056(f)) is amended—
(1) by striking ‘‘title IV’’ and inserting ‘‘section 4050’’; and
(2) by striking ‘‘the plan shall provide that,’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions made after final regulations implementing subsections (c) and (d) of section 4050 of the Employee
Retirement Income Security Act of 1974 (as added by subsection
(a)), respectively, are prescribed.

Regulations.
29 USC 1056
note.

SEC. 411. DIRECTOR OF THE PENSION BENEFIT GUARANTY CORPORATION.

(a) IN GENERAL.—Title IV of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1301 et seq.) is amended—
(1) by striking the second sentence of section 4002(a) and
inserting the following: ‘‘In carrying out its functions under
this title, the corporation shall be administered by a Director,
who shall be appointed by the President, by and with the
advice and consent of the Senate, and who shall act in accordance with the policies established by the board.’’; and
(2) in section 4003(b), by—
(A) striking ‘‘under this title, any member’’ and
inserting ‘‘under this title, the Director, any member’’; and
(B) striking ‘‘designated by the chairman’’ and inserting
‘‘designated by the Director or chairman’’.
(b) COMPENSATION OF DIRECTOR.—Section 5314 of title 5,
United States Code, is amended by adding at the end the following
new item:
‘‘Director, Pension Benefit Guaranty Corporation.’’.
(c) JURISDICTION OF NOMINATION.—
(1) IN GENERAL.—The Committee on Finance of the Senate
and the Committee on Health, Education, Labor, and Pensions
of the Senate shall have joint jurisdiction over the nomination
of a person nominated by the President to fill the position
of Director of the Pension Benefit Guaranty Corporation under
section 4002 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1302) (as amended by this Act), and if
one committee votes to order reported such a nomination, the
other shall report within 30 calendar days, or be automatically
discharged.
(2) RULEMAKING OF THE SENATE.—This subsection is
enacted by Congress—
(A) as an exercise of rulemaking power of the Senate,
and as such it is deemed a part of the rules of the Senate,
but applicable only with respect to the procedure to be
followed in the Senate in the case of a nomination described
in such sentence, and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional right
of the Senate to change the rules (so far as relating to
the procedure of the Senate) at any time, in the same

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00157

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1302.

29 USC 1303.

APPS06

PsN: PUBL280

120 STAT. 936

Termination
date.
29 USC 1302
note.

PUBLIC LAW 109–280—AUG. 17, 2006

manner and to the same extent as in the case of any
other rule of the Senate.
(d) TRANSITION.—The term of the individual serving as Executive Director of the Pension Benefit Guaranty Corporation on the
date of enactment of this Act shall expire on such date of enactment.
Such individual, or any other individual, may serve as interim
Director of such Corporation until an individual is appointed as
Director of such Corporation under section 4002 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1302) (as
amended by this Act).
SEC. 412. INCLUSION OF INFORMATION IN THE PBGC ANNUAL REPORT.

Section 4008 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1308) is amended by—
(1) striking ‘‘As soon as practicable’’ and inserting ‘‘(a)
As soon as practicable’’; and
(2) adding at the end the following:
‘‘(b) The report under subsection (a) shall include—
‘‘(1) a summary of the Pension Insurance Modeling System
microsimulation model, including the specific simulation parameters, specific initial values, temporal parameters, and policy
parameters used to calculate the financial statements for the
corporation;
‘‘(2) a comparison of—
‘‘(A) the average return on investments earned with
respect to assets invested by the corporation for the year
to which the report relates; and
‘‘(B) an amount equal to 60 percent of the average
return on investment for such year in the Standard &
Poor’s 500 Index, plus 40 percent of the average return
on investment for such year in the Lehman Aggregate
Bond Index (or in a similar fixed income index); and
‘‘(3) a statement regarding the deficit or surplus for such
year that the corporation would have had if the corporation
had earned the return described in paragraph (2)(B) with
respect to assets invested by the corporation.’’.

TITLE V—DISCLOSURE
SEC. 501. DEFINED BENEFIT PLAN FUNDING NOTICE.

(a) IN GENERAL.—Section 101(f) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021(f)) is amended to
read as follows:
‘‘(f) DEFINED BENEFIT PLAN FUNDING NOTICES.—
‘‘(1) IN GENERAL.—The administrator of a defined benefit
plan to which title IV applies shall for each plan year provide
a plan funding notice to the Pension Benefit Guaranty Corporation, to each plan participant and beneficiary, to each labor
organization representing such participants or beneficiaries,
and, in the case of a multiemployer plan, to each employer
that has an obligation to contribute to the plan.
‘‘(2) INFORMATION CONTAINED IN NOTICES.—
‘‘(A) IDENTIFYING INFORMATION.—Each notice required
under paragraph (1) shall contain identifying information,
including the name of the plan, the address and phone
number of the plan administrator and the plan’s principal

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00158

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 937

administrative officer, each plan sponsor’s employer identification number, and the plan number of the plan.
‘‘(B) SPECIFIC INFORMATION.—A plan funding notice
under paragraph (1) shall include—
‘‘(i)(I) in the case of a single-employer plan, a statement as to whether the plan’s funding target attainment percentage (as defined in section 303(d)(2)) for
the plan year to which the notice relates, and for
the 2 preceding plan years, is at least 100 percent
(and, if not, the actual percentages), or
‘‘(II) in the case of a multiemployer plan, a statement as to whether the plan’s funded percentage (as
defined in section 305(i)) for the plan year to which
the notice relates, and for the 2 preceding plan years,
is at least 100 percent (and, if not, the actual percentages),
‘‘(ii)(I) in the case of a single-employer plan, a
statement of—
‘‘(aa) the total assets (separately stating the
prefunding balance and the funding standard
carryover balance) and liabilities of the plan, determined in the same manner as under section 303,
for the plan year for which the latest annual report
filed under section 104(a) was filed and for the
2 preceding plan years, as reported in the annual
report for each such plan year, and
‘‘(bb) the value of the plan’s assets and liabilities for the plan year to which the notice relates
as of the last day of the plan year to which the
notice relates determined using the asset valuation
under subclause (II) of section 4006(a)(3)(E)(iii)
and
the
interest
rate
under
section
4006(a)(3)(E)(iv), and
‘‘(II) in the case of a multiemployer plan, a statement of the value of the plan’s assets and liabilities
for the plan year to which the notice relates as the
last day of such plan year and the preceding 2 plan
years,
‘‘(iii) a statement of the number of participants
who are—
‘‘(I) retired or separated from service and are
receiving benefits,
‘‘(II) retired or separated participants entitled
to future benefits, and
‘‘(III) active participants under the plan,
‘‘(iv) a statement setting forth the funding policy
of the plan and the asset allocation of investments
under the plan (expressed as percentages of total
assets) as of the end of the plan year to which the
notice relates,
‘‘(v) in the case of a multiemployer plan, whether
the plan was in critical or endangered status under
section 305 for such plan year and, if so—
‘‘(I) a statement describing how a person may
obtain a copy of the plan’s funding improvement
or rehabilitation plan, as appropriate, adopted
under section 305 and the actuarial and financial

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00159

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 938

data that demonstrate any action taken by the
plan toward fiscal improvement, and
‘‘(II) a summary of any funding improvement
plan, rehabilitation plan, or modification thereof
adopted under section 305 during the plan year
to which the notice relates,
‘‘(vi) in the case of any plan amendment, scheduled
benefit increase or reduction, or other known event
taking effect in the current plan year and having a
material effect on plan liabilities or assets for the
year (as defined in regulations by the Secretary), an
explanation of the amendment, schedule increase or
reduction, or event, and a projection to the end of
such plan year of the effect of the amendment, scheduled increase or reduction, or event on plan liabilities,
‘‘(vii)(I) in the case of a single-employer plan, a
summary of the rules governing termination of singleemployer plans under subtitle C of title IV, or
‘‘(II) in the case of a multiemployer plan, a summary of the rules governing reorganization or insolvency, including the limitations on benefit payments,
‘‘(viii) a general description of the benefits under
the plan which are eligible to be guaranteed by the
Pension Benefit Guaranty Corporation, along with an
explanation of the limitations on the guarantee and
the circumstances under which such limitations apply,
‘‘(ix) a statement that a person may obtain a copy
of the annual report of the plan filed under section
104(a) upon request, through the Internet website of
the Department of Labor, or through an Intranet
website maintained by the applicable plan sponsor (or
plan administrator on behalf of the plan sponsor), and
‘‘(x) if applicable, a statement that each contributing sponsor, and each member of the contributing
sponsor’s controlled group, of the single-employer plan
was required to provide the information under section
4010 for the plan year to which the notice relates.
‘‘(C) OTHER INFORMATION.—Each notice under paragraph (1) shall include—
‘‘(i) in the case of a multiemployer plan, a statement that the plan administrator shall provide, upon
written request, to any labor organization representing
plan participants and beneficiaries and any employer
that has an obligation to contribute to the plan, a
copy of the annual report filed with the Secretary
under section 104(a), and
‘‘(ii) any additional information which the plan
administrator elects to include to the extent not inconsistent with regulations prescribed by the Secretary.
‘‘(3) TIME FOR PROVIDING NOTICE.—
‘‘(A) IN GENERAL.—Any notice under paragraph (1)
shall be provided not later than 120 days after the end
of the plan year to which the notice relates.
‘‘(B) EXCEPTION FOR SMALL PLANS.—In the case of a
small plan (as such term is used under section 303(g)(2)(B))
any notice under paragraph (1) shall be provided upon
filing of the annual report under section 104(a).

Reports.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00160

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 939

‘‘(4) FORM AND MANNER.—Any notice under paragraph (1)—
‘‘(A) shall be provided in a form and manner prescribed
in regulations of the Secretary,
‘‘(B) shall be written in a manner so as to be understood
by the average plan participant, and
‘‘(C) may be provided in written, electronic, or other
appropriate form to the extent such form is reasonably
accessible to persons to whom the notice is required to
be provided.’’.
(b) REPEAL OF NOTICE TO PARTICIPANTS OF FUNDING STATUS.—
(1) IN GENERAL.—Title IV of such Act (29 U.S.C. 1301
et seq.) is amended by striking section 4011.
(2) CLERICAL AMENDMENT.—Section 1 of such Act is
amended in the table of contents by striking the item relating
to section 4011.
(c) MODEL NOTICE.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of Labor shall publish
a model version of the notice required by section 101(f) of the
Employee Retirement Income Security Act of 1974. The Secretary
of Labor may promulgate any interim final rules as the Secretary
determines appropriate to carry out the provisions of this subsection.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007,
except that the amendment made by subsection (b) shall apply
to plan years beginning after December 31, 2006.
(2) TRANSITION RULE.—Any requirement under section
101(f) of the Employee Retirement Income Security Act of 1974
(as amended by this section) to report the funding target attainment percentage or funded percentage of a plan with respect
to any plan year beginning before January 1, 2008, shall be
treated as met if the plan reports—
(A) in the case of a plan year beginning in 2006,
the funded current liability percentage (as defined in section 302(d)(8) of such Act) of the plan for such plan year,
and
(B) in the case of a plan year beginning in 2007,
the funding target attainment percentage or funded
percentage as determined using such methods of estimation
as the Secretary of the Treasury may provide.

Regulations.

29 USC 1311.

Deadline.
29 USC 1021
note.

29 USC 1021
note.

SEC. 502. ACCESS TO MULTIEMPLOYER PENSION PLAN INFORMATION.

(a) FINANCIAL INFORMATION WITH RESPECT TO MULTIEMPLOYER
PLANS.—
(1) IN GENERAL.—Section 101 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021), as amended
by section 103, is amended—
(A) by redesignating subsection (k) as subsection (l);
and
(B) by inserting after subsection (j) the following new
subsection:
‘‘(k) MULTIEMPLOYER PLAN INFORMATION MADE AVAILABLE ON
REQUEST.—
‘‘(1) IN GENERAL.—Each administrator of a multiemployer
plan shall, upon written request, furnish to any plan participant

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00161

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Reports.

APPS06

PsN: PUBL280

120 STAT. 940

Deadline.
Regulations.

29 USC 1021
note.

29 USC 1021.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

or beneficiary, employee representative, or any employer that
has an obligation to contribute to the plan—
‘‘(A) a copy of any periodic actuarial report (including
any sensitivity testing) received by the plan for any plan
year which has been in the plan’s possession for at least
30 days,
‘‘(B) a copy of any quarterly, semi-annual, or annual
financial report prepared for the plan by any plan investment manager or advisor or other fiduciary which has
been in the plan’s possession for at least 30 days, and
‘‘(C) a copy of any application filed with the Secretary
of the Treasury requesting an extension under section 304
of this Act or section 431(d) of the Internal Revenue Code
of 1986 and the determination of such Secretary pursuant
to such application.
‘‘(2) COMPLIANCE.—Information required to be provided
under paragraph (1)—
‘‘(A) shall be provided to the requesting participant,
beneficiary, or employer within 30 days after the request
in a form and manner prescribed in regulations of the
Secretary,
‘‘(B) may be provided in written, electronic, or other
appropriate form to the extent such form is reasonably
accessible to persons to whom the information is required
to be provided, and
‘‘(C) shall not—
‘‘(i) include any individually identifiable information regarding any plan participant, beneficiary,
employee, fiduciary, or contributing employer, or
‘‘(ii) reveal any proprietary information regarding
the plan, any contributing employer, or entity providing services to the plan.
‘‘(3) LIMITATIONS.—In no case shall a participant, beneficiary, or employer be entitled under this subsection to receive
more than one copy of any report or application described
in paragraph (1) during any one 12-month period. The administrator may make a reasonable charge to cover copying, mailing,
and other costs of furnishing copies of information pursuant
to paragraph (1). The Secretary may by regulations prescribe
the maximum amount which will constitute a reasonable charge
under the preceding sentence.’’.
(2) ENFORCEMENT.—Section 502(c)(4) of such Act (29 U.S.C.
1132(c)(4)) is amended by striking ‘‘section 101(j)’’ and inserting
‘‘subsection (j) or (k) of section 101’’.
(3) REGULATIONS.—The Secretary shall prescribe regulations under section 101(k)(2) of the Employee Retirement
Income Security Act of 1974 (as added by paragraph (1)) not
later than 1 year after the date of the enactment of this Act.
(b) NOTICE OF POTENTIAL WITHDRAWAL LIABILITY TO MULTIEMPLOYER PLANS.—
(1) IN GENERAL.—Section 101 of such Act (as amended
by subsection (a)) is amended—
(A) by redesignating subsection (l) as subsection (m);
and
(B) by inserting after subsection (k) the following new
subsection:
‘‘(l) NOTICE OF POTENTIAL WITHDRAWAL LIABILITY.—

Jkt 049139

PO 00280

Frm 00162

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 941

‘‘(1) IN GENERAL.—The plan sponsor or administrator of
a multiemployer plan shall, upon written request, furnish to
any employer who has an obligation to contribute to the plan
a notice of—
‘‘(A) the estimated amount which would be the amount
of such employer’s withdrawal liability under part 1 of
subtitle E of title IV if such employer withdrew on the
last day of the plan year preceding the date of the request,
and
‘‘(B) an explanation of how such estimated liability
amount was determined, including the actuarial assumptions and methods used to determine the value of the
plan liabilities and assets, the data regarding employer
contributions, unfunded vested benefits, annual changes
in the plan’s unfunded vested benefits, and the application
of any relevant limitations on the estimated withdrawal
liability.
For purposes of subparagraph (B), the term ‘employer contribution’ means, in connection with a participant, a contribution
made by an employer as an employer of such participant.
‘‘(2) COMPLIANCE.—Any notice required to be provided
under paragraph (1)—
‘‘(A) shall be provided in a form and manner prescribed
in regulations of the Secretary to the requesting employer
within—
‘‘(i) 180 days after the request, or
‘‘(ii) subject to regulations of the Secretary, such
longer time as may be necessary in the case of a
plan that determines withdrawal liability based on
any method described under paragraph (4) or (5) of
section 4211(c); and
‘‘(B) may be provided in written, electronic, or other
appropriate form to the extent such form is reasonably
accessible to employers to whom the information is required
to be provided.
‘‘(3) LIMITATIONS.—In no case shall an employer be entitled
under this subsection to receive more than one notice described
in paragraph (1) during any one 12-month period. The person
required to provide such notice may make a reasonable charge
to cover copying, mailing, and other costs of furnishing such
notice pursuant to paragraph (1). The Secretary may by regulations prescribe the maximum amount which will constitute
a reasonable charge under the preceding sentence.’’.
(2) ENFORCEMENT.—Section 502(c)(4) of such Act (29 U.S.C.
1132(c)(4)) is amended by striking ‘‘section 101(j) or (k)’’ and
inserting ‘‘subsection (j), (k), or (l) of section 101’’.
(c) NOTICE OF AMENDMENT REDUCING FUTURE ACCRUALS.—
(1) AMENDMENT OF ERISA.—Section 204(h)(1) of such Act
(29 U.S.C. 1054(h)(1)) is amended by inserting at the end
before the period the following: ‘‘and to each employer who
has an obligation to contribute to the plan’’.
(2) AMENDMENT OF INTERNAL REVENUE CODE.—Section
4980F(e)(1) of such Code is amended by adding at the end
before the period the following: ‘‘and to each employer who
has an obligation to contribute to the plan’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00163

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Regulations.

Deadline.

26 USC 4980F.

26 USC 4980F
note.

APPS06

PsN: PUBL280

120 STAT. 942

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 503. ADDITIONAL ANNUAL REPORTING REQUIREMENTS.

(a) ADDITIONAL ANNUAL REPORTING REQUIREMENTS WITH
RESPECT TO DEFINED BENEFIT PLANS.—
(1) IN GENERAL.—Section 103 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1023) is amended—
(A) in subsection (a)(1)(B), by striking ‘‘subsections (d)
and (e)’’ and inserting ‘‘subsections (d), (e), and (f)’’; and
(B) by adding at the end the following new subsection:
‘‘(f) ADDITIONAL INFORMATION WITH RESPECT TO DEFINED BENEFIT PLANS.—
‘‘(1) LIABILITIES UNDER 2 OR MORE PLANS.—
‘‘(A) IN GENERAL.—In any case in which any liabilities
to participants or their beneficiaries under a defined benefit
plan as of the end of a plan year consist (in whole or
in part) of liabilities to such participants and beneficiaries
under 2 or more pension plans as of immediately before
such plan year, an annual report under this section for
such plan year shall include the funded percentage of each
of such 2 or more pension plans as of the last day of
such plan year and the funded percentage of the plan
with respect to which the annual report is filed as of
the last day of such plan year.
‘‘(B) FUNDED PERCENTAGE.—For purposes of this paragraph, the term ‘funded percentage’—
‘‘(i) in the case of a single-employer plan, means
the funding target attainment percentage, as defined
in section 303(d)(2), and
‘‘(ii) in the case of a multiemployer plan, has the
meaning given such term in section 305(i)(2).
‘‘(2) ADDITIONAL INFORMATION FOR MULTIEMPLOYER
PLANS.—With respect to any defined benefit plan which is a
multiemployer plan, an annual report under this section for
a plan year shall include, in addition to the information
required under paragraph (1), the following, as of the end
of the plan year to which the report relates:
‘‘(A) The number of employers obligated to contribute
to the plan.
‘‘(B) A list of the employers that contributed more
than 5 percent of the total contributions to the plan during
such plan year.
‘‘(C) The number of participants under the plan on
whose behalf no contributions were made by an employer
as an employer of the participant for such plan year and
for each of the 2 preceding plan years.
‘‘(D) The ratios of—
‘‘(i) the number of participants under the plan
on whose behalf no employer had an obligation to
make an employer contribution during the plan year,
to
‘‘(ii) the number of participants under the plan
on whose behalf no employer had an obligation to
make an employer contribution during each of the
2 preceding plan years.
‘‘(E) Whether the plan received an amortization extension under section 304(d) of this Act or section 431(d)
of the Internal Revenue Code of 1986 for such plan year

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00164

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 943

and, if so, the amount of the difference between the minimum required contribution for the year and the minimum
required contribution which would have been required
without regard to the extension, and the period of such
extension.
‘‘(F) Whether the plan used the shortfall funding
method (as such term is used in section 305) for such
plan year and, if so, the amount of the difference between
the minimum required contribution for the year and the
minimum required contribution which would have been
required without regard to the use of such method, and
the period of use of such method.
‘‘(G) Whether the plan was in critical or endangered
status under section 305 for such plan year, and if so,
a summary of any funding improvement or rehabilitation
plan (or modification thereto) adopted during the plan year,
and the funded percentage of the plan.
‘‘(H) The number of employers that withdrew from
the plan during the preceding plan year and the aggregate
amount of withdrawal liability assessed, or estimated to
be assessed, against such withdrawn employers.
‘‘(I) In the case of a multiemployer plan that has
merged with another plan or to which assets and liabilities
have been transferred, the actuarial valuation of the assets
and liabilities of each affected plan during the year preceding the effective date of the merger or transfer, based
upon the most recent data available as of the day before
the first day of the plan year, or other valuation method
performed under standards and procedures as the Secretary may prescribe by regulation.’’.
(2) GUIDANCE BY SECRETARY OF LABOR.—Not later than
1 year after the date of enactment of this Act, the Secretary
of Labor shall publish guidance to assist multiemployer defined
benefit plans to—
(A) identify and enumerate plan participants for whom
there is no employer with an obligation to make an
employer contribution under the plan; and
(B) report such information under section 103(f)(2)(D)
of the Employee Retirement Income Security Act of 1974
(as added by this section).
(b) ADDITIONAL INFORMATION IN ANNUAL ACTUARIAL STATEMENT REGARDING PLAN RETIREMENT PROJECTIONS.—Section 103(d)
of such Act (29 U.S.C. 1023(d)) is amended—
(1) by redesignating paragraphs (12) and (13) as paragraphs
(13) and (14), respectively; and
(2) by inserting after paragraph (11) the following new
paragraph:
‘‘(12) A statement explaining the actuarial assumptions
and methods used in projecting future retirements and forms
of benefit distributions under the plan.’’.
(c) REPEAL OF SUMMARY ANNUAL REPORT REQUIREMENT FOR
DEFINED BENEFIT PLANS.—
(1) IN GENERAL.—Section 104(b)(3) of such Act (29 U.S.C.
1024(b)(3)) is amended by inserting ‘‘(other than an administrator of a defined benefit plan to which the requirements
of section 103(f) applies)’’ after ‘‘the administrators’’.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00165

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.
29 USC 1023
note.

APPS06

PsN: PUBL280

120 STAT. 944

Deadline.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

(2) CONFORMING AMENDMENT.—Section 101(a)(2) of such
Act (29 U.S.C. 1021(a)(2)) is amended by inserting ‘‘subsection
(f) and’’ before ‘‘sections 104(b)(3) and 105(a) and (c)’’.
(d) FURNISHING SUMMARY PLAN INFORMATION TO EMPLOYERS
AND EMPLOYEE REPRESENTATIVES OF MULTIEMPLOYER PLANS.—Section 104 of such Act (29 U.S.C. 1024) is amended—
(1) in the header, by striking ‘‘PARTICIPANTS’’ and inserting
‘‘PARTICIPANTS AND CERTAIN EMPLOYERS’’;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
‘‘(d) FURNISHING SUMMARY PLAN INFORMATION TO EMPLOYERS
AND EMPLOYEE REPRESENTATIVES OF MULTIEMPLOYER PLANS.—
‘‘(1) IN GENERAL.—With respect to a multiemployer plan
subject to this section, within 30 days after the due date under
subsection (a)(1) for the filing of the annual report for the
fiscal year of the plan, the administrators shall furnish to
each employee organization and to each employer with an
obligation to contribute to the plan a report that contains—
‘‘(A) a description of the contribution schedules and
benefit formulas under the plan, and any modification to
such schedules and formulas, during such plan year;
‘‘(B) the number of employers obligated to contribute
to the plan;
‘‘(C) a list of the employers that contributed more than
5 percent of the total contributions to the plan during
such plan year;
‘‘(D) the number of participants under the plan on
whose behalf no contributions were made by an employer
as an employer of the participant for such plan year and
for each of the 2 preceding plan years;
‘‘(E) whether the plan was in critical or endangered
status under section 305 for such plan year and, if so,
include—
‘‘(i) a list of the actions taken by the plan to
improve its funding status; and
‘‘(ii) a statement describing how a person may
obtain a copy of the plan’s improvement or rehabilitation plan, as applicable, adopted under section 305
and the actuarial and financial data that demonstrate
any action taken by the plan toward fiscal improvement;
‘‘(F) the number of employers that withdrew from the
plan during the preceding plan year and the aggregate
amount of withdrawal liability assessed, or estimated to
be assessed, against such withdrawn employers, as reported
on the annual report for the plan year to which the report
under this subsection relates;
‘‘(G) in the case of a multiemployer plan that has
merged with another plan or to which assets and liabilities
have been transferred, the actuarial valuation of the assets
and liabilities of each affected plan during the year preceding the effective date of the merger or transfer, based
upon the most recent data available as of the day before
the first day of the plan year, or other valuation method
performed under standards and procedures as the Secretary may prescribe by regulation;
‘‘(H) a description as to whether the plan—

Jkt 049139

PO 00280

Frm 00166

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 945

‘‘(i) sought or received an amortization extension
under section 304(d) of this Act or section 431(d) of
the Internal Revenue Code of 1986 for such plan year;
or
‘‘(ii) used the shortfall funding method (as such
term is used in section 305) for such plan year; and
‘‘(I) notification of the right under this section of the
recipient to a copy of the annual report filed with the
Secretary under subsection (a), summary plan description,
summary of any material modification of the plan, upon
written request, but that—
‘‘(i) in no case shall a recipient be entitled to
receive more than one copy of any such document
described during any one 12-month period; and
‘‘(ii) the administrator may make a reasonable
charge to cover copying, mailing, and other costs of
furnishing copies of information pursuant to this
subparagraph.
‘‘(2) EFFECT OF SUBSECTION.—Nothing in this subsection
waives any other provision under this title requiring plan
administrators to provide, upon request, information to
employers that have an obligation to contribute under the
plan.’’.
(e) MODEL FORM.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of Labor shall publish
a model form for providing the statements, schedules, and other
material required to be provided under section 101(f) of the
Employee Retirement Income Security Act of 1974, as amended
by this section. The Secretary of Labor may promulgate any interim
final rules as the Secretary determines appropriate to carry out
the provisions of this subsection.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007.

Notification.

Deadline.
29 USC 1021
note.

29 USC 1021
note.

SEC. 504. ELECTRONIC DISPLAY OF ANNUAL REPORT INFORMATION.

(a) ELECTRONIC DISPLAY OF INFORMATION.—Section 104(b) of
such Act (29 U.S.C. 1024(b)) is amended by adding at the end
the following:
‘‘(5) Identification and basic plan information and actuarial
information included in the annual report for any plan year shall
be filed with the Secretary in an electronic format which accommodates display on the Internet, in accordance with regulations which
shall be prescribed by the Secretary. The Secretary shall provide
for display of such information included in the annual report, within
90 days after the date of the filing of the annual report, on an
Internet website maintained by the Secretary and other appropriate
media. Such information shall also be displayed on any Intranet
website maintained by the plan sponsor (or by the plan administrator on behalf of the plan sponsor) for the purpose of communicating with employees and not the public, in accordance with
regulations which shall be prescribed by the Secretary.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to plan years beginning after December 31, 2007.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00167

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Regulations.

29 USC 1024
note.

APPS06

PsN: PUBL280

120 STAT. 946

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 505. SECTION 4010 FILINGS WITH THE PBGC.

29 USC 1310
note.

(a) CHANGE IN CRITERIA FOR PERSONS REQUIRED TO PROVIDE
INFORMATION TO PBGC.—Section 4010(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1310(b)) is amended
by striking paragraph (1) and inserting the following:
‘‘(1) the funding target attainment percentage (as defined
in subsection (d)) at the end of the preceding plan year of
a plan maintained by the contributing sponsor or any member
of its controlled group is less than 80 percent;’’.
(b) ADDITIONAL INFORMATION REQUIRED.—Section 4010 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1310)
is amended by adding at the end the following new subsection:
‘‘(d) ADDITIONAL INFORMATION REQUIRED.—
‘‘(1) IN GENERAL.—The information submitted to the corporation under subsection (a) shall include—
‘‘(A) the amount of benefit liabilities under the plan
determined using the assumptions used by the corporation
in determining liabilities;
‘‘(B) the funding target of the plan determined as if
the plan has been in at-risk status for at least 5 plan
years; and
‘‘(C) the funding target attainment percentage of the
plan.
‘‘(2) DEFINITIONS.—For purposes of this subsection:
‘‘(A) FUNDING TARGET.—The term ‘funding target’ has
the meaning provided under section 303(d)(1).
‘‘(B) FUNDING TARGET ATTAINMENT PERCENTAGE.—The
term ‘funding target attainment percentage’ has the
meaning provided under section 302(d)(2).
‘‘(C) AT-RISK STATUS.—The term ‘at-risk status’ has
the meaning provided in section 303(i)(4).
‘‘(e) NOTICE TO CONGRESS.—The corporation shall, on an annual
basis, submit to the Committee on Health, Education, Labor, and
Pensions and the Committee on Finance of the Senate and the
Committee on Education and the Workforce and the Committee
on Ways and Means of the House of Representatives, a summary
report in the aggregate of the information submitted to the corporation under this section.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to years beginning after 2007.
SEC. 506. DISCLOSURE OF TERMINATION INFORMATION TO PLAN
PARTICIPANTS.

(a) DISTRESS TERMINATIONS.—
(1) IN GENERAL.—Section 4041(c)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341(c)(2)) is
amended by adding at the end the following:
‘‘(D) DISCLOSURE OF TERMINATION INFORMATION.—
‘‘(i) IN GENERAL.—A plan administrator that has
filed a notice of intent to terminate under subsection
(a)(2) shall provide to an affected party any information
provided to the corporation under subsection (a)(2) not
later than 15 days after—
‘‘(I) receipt of a request from the affected party
for the information; or
‘‘(II) the provision of new information to the
corporation relating to a previous request.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00168

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 947

‘‘(ii) CONFIDENTIALITY.—
‘‘(I) IN GENERAL.—The plan administrator
shall not provide information under clause (i) in
a form that includes any information that may
directly or indirectly be associated with, or otherwise identify, an individual participant or beneficiary.
‘‘(II) LIMITATION.—A court may limit disclosure
under this subparagraph of confidential information described in section 552(b) of title 5, United
States Code, to any authorized representative of
the participants or beneficiaries that agrees to
ensure the confidentiality of such information.
‘‘(iii) FORM AND MANNER OF INFORMATION;
CHARGES.—
‘‘(I) FORM AND MANNER.—The corporation may
prescribe the form and manner of the provision
of information under this subparagraph, which
shall include delivery in written, electronic, or
other appropriate form to the extent that such
form is reasonably accessible to individuals to
whom the information is required to be provided.
‘‘(II) REASONABLE CHARGES.—A plan administrator may charge a reasonable fee for any
information provided under this subparagraph in
other than electronic form.
‘‘(iv) AUTHORIZED REPRESENTATIVE.—For purposes
of this subparagraph, the term ‘authorized representative’ means any employee organization representing
participants in the pension plan.’’.
(2) CONFORMING AMENDMENT.—Section 4041(c)(1) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1341(c)(1)) is amended in subparagraph (C) by striking
‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs (B) and (D)’’.
(b) INVOLUNTARY TERMINATIONS.—
(1) IN GENERAL.—Section 4042(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(c)) is
amended by—
(A) striking ‘‘(c) If the’’ and inserting ‘‘(c)(1) If the’’;
(B) redesignating paragraph (3) as paragraph (2); and
(C) adding at the end the following:
‘‘(3) DISCLOSURE OF TERMINATION INFORMATION.—
‘‘(A) IN GENERAL.—
‘‘(i) INFORMATION FROM PLAN SPONSOR OR ADMINISTRATOR.—A plan sponsor or plan administrator of a
single-employer plan that has received a notice from
the corporation of a determination that the plan should
be terminated under this section shall provide to an
affected party any information provided to the corporation in connection with the plan termination.
‘‘(ii) INFORMATION FROM CORPORATION.—The corporation shall provide a copy of the administrative
record, including the trusteeship decision record of a
termination of a plan described under clause (i).

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00169

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 948

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(B) TIMING OF DISCLOSURE.—The plan sponsor, plan
administrator, or the corporation, as applicable, shall provide the information described in subparagraph (A) not
later than 15 days after—
‘‘(i) receipt of a request from an affected party
for such information; or
‘‘(ii) in the case of information described under
subparagraph (A)(i), the provision of any new information to the corporation relating to a previous request
by an affected party.
‘‘(C) CONFIDENTIALITY.—
‘‘(i) IN GENERAL.—The plan administrator and plan
sponsor shall not provide information under subparagraph (A)(i) in a form which includes any information
that may directly or indirectly be associated with, or
otherwise identify, an individual participant or beneficiary.
‘‘(ii) LIMITATION.—A court may limit disclosure
under this paragraph of confidential information
described in section 552(b) of title 5, United States
Code, to authorized representatives (within the
meaning of section 4041(c)(2)(D)(iv)) of the participants
or beneficiaries that agree to ensure the confidentiality
of such information.
‘‘(D) FORM AND MANNER OF INFORMATION; CHARGES.—
‘‘(i) FORM AND MANNER.—The corporation may prescribe the form and manner of the provision of information under this paragraph, which shall include delivery
in written, electronic, or other appropriate form to
the extent that such form is reasonably accessible to
individuals to whom the information is required to
be provided.
‘‘(ii) REASONABLE CHARGES.—A plan sponsor may
charge a reasonable fee for any information provided
under this paragraph in other than electronic form.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to any plan termination under title IV of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1301 et seq.) with respect to which the notice of intent to
terminate (or in the case of a termination by the Pension
Benefit Guaranty Corporation, a notice of determination under
section 4042 of such Act (29 U.S.C. 1342)) occurs after the
date of enactment of this Act.
(2) TRANSITION RULE.—If notice under section 4041(c)(2)(D)
or 4042(c)(3) of the Employee Retirement Income Security Act
of 1974 (as added by this section) would otherwise be required
to be provided before the 90th day after the date of the enactment of this Act, such notice shall not be required to be provided
until such 90th day.

Deadline.

29 USC 1341
note.

SEC. 507. NOTICE OF FREEDOM TO DIVEST EMPLOYER SECURITIES.

(a) IN GENERAL.—Section 101 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021), as amended by
this Act, is amended by redesignating subsection (m) as subsection
(n) and by inserting after subsection (l) the following:

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00170

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 949

‘‘(m) NOTICE OF RIGHT TO DIVEST.—Not later than 30 days
before the first date on which an applicable individual of an
applicable individual account plan is eligible to exercise the right
under section 204(j) to direct the proceeds from the divestment
of employer securities with respect to any type of contribution,
the administrator shall provide to such individual a notice—
‘‘(1) setting forth such right under such section, and
‘‘(2) describing the importance of diversifying the investment of retirement account assets.
The notice required by this subsection shall be written in a manner
calculated to be understood by the average plan participant and
may be delivered in written, electronic, or other appropriate form
to the extent that such form is reasonably accessible to the
recipient.’’.
(b) PENALTIES.—Section 502(c)(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1132(c)(7)) is amended
by striking ‘‘section 101(i)’’ and inserting ‘‘subsection (i) or (m)
of section 101’’.
(c) MODEL NOTICE.—The Secretary of the Treasury shall, within
180 days after the date of the enactment of this subsection, prescribe
a model notice for purposes of satisfying the requirements of the
amendments made by this section.
(d) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2006.
(2) TRANSITION RULE.—If notice under section 101(m) of
the Employee Retirement Income Security Act of 1974 (as added
by this section) would otherwise be required to be provided
before the 90th day after the date of the enactment of this
Act, such notice shall not be required to be provided until
such 90th day.

Deadline.

Deadline.
29 USC 1021
note.
29 USC 1021
note.

SEC. 508. PERIODIC PENSION BENEFIT STATEMENTS.

(a) AMENDMENTS OF ERISA.—
(1) IN GENERAL.—Section 105(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)) is
amended to read as follows:
‘‘(a) REQUIREMENTS TO PROVIDE PENSION BENEFIT STATEMENTS.—
‘‘(1) REQUIREMENTS.—
‘‘(A) INDIVIDUAL ACCOUNT PLAN.—The administrator of
an individual account plan (other than a one-participant
retirement plan described in section 101(i)(8)(B)) shall furnish a pension benefit statement—
‘‘(i) at least once each calendar quarter to a participant or beneficiary who has the right to direct the
investment of assets in his or her account under the
plan,
‘‘(ii) at least once each calendar year to a participant or beneficiary who has his or her own account
under the plan but does not have the right to direct
the investment of assets in that account, and
‘‘(iii) upon written request to a plan beneficiary
not described in clause (i) or (ii).

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00171

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 950

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(B) DEFINED BENEFIT PLAN.—The administrator of a
defined benefit plan (other than a one-participant retirement plan described in section 101(i)(8)(B)) shall furnish
a pension benefit statement—
‘‘(i) at least once every 3 years to each participant
with a nonforfeitable accrued benefit and who is
employed by the employer maintaining the plan at
the time the statement is to be furnished, and
‘‘(ii) to a participant or beneficiary of the plan
upon written request.
Information furnished under clause (i) to a participant
may be based on reasonable estimates determined under
regulations prescribed by the Secretary, in consultation
with the Pension Benefit Guaranty Corporation.
‘‘(2) STATEMENTS.—
‘‘(A) IN GENERAL.—A pension benefit statement under
paragraph (1)—
‘‘(i) shall indicate, on the basis of the latest available information—
‘‘(I) the total benefits accrued, and
‘‘(II) the nonforfeitable pension benefits, if any,
which have accrued, or the earliest date on which
benefits will become nonforfeitable,
‘‘(ii) shall include an explanation of any permitted
disparity under section 401(l) of the Internal Revenue
Code of 1986 or any floor-offset arrangement that may
be applied in determining any accrued benefits
described in clause (i),
‘‘(iii) shall be written in a manner calculated to
be understood by the average plan participant, and
‘‘(iv) may be delivered in written, electronic, or
other appropriate form to the extent such form is
reasonably accessible to the participant or beneficiary.
‘‘(B) ADDITIONAL INFORMATION.—In the case of an individual account plan, any pension benefit statement under
clause (i) or (ii) of paragraph (1)(A) shall include—
‘‘(i) the value of each investment to which assets
in the individual account have been allocated, determined as of the most recent valuation date under the
plan, including the value of any assets held in the
form of employer securities, without regard to whether
such securities were contributed by the plan sponsor
or acquired at the direction of the plan or of the participant or beneficiary, and
‘‘(ii) in the case of a pension benefit statement
under paragraph (1)(A)(i)—
‘‘(I) an explanation of any limitations or
restrictions on any right of the participant or beneficiary under the plan to direct an investment,
‘‘(II) an explanation, written in a manner calculated to be understood by the average plan
participant, of the importance, for the long-term
retirement security of participants and beneficiaries, of a well-balanced and diversified investment portfolio, including a statement of the risk
that holding more than 20 percent of a portfolio

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00172

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 951

in the security of one entity (such as employer
securities) may not be adequately diversified, and
‘‘(III) a notice directing the participant or beneficiary to the Internet website of the Department
of Labor for sources of information on individual
investing and diversification.
‘‘(C) ALTERNATIVE NOTICE.—The requirements of
subparagraph (A)(i)(II) are met if, at least annually and
in accordance with requirements of the Secretary, the
plan—
‘‘(i) updates the information described in such
paragraph which is provided in the pension benefit
statement, or
‘‘(ii) provides in a separate statement such information as is necessary to enable a participant or beneficiary to determine their nonforfeitable vested benefits.
‘‘(3) DEFINED BENEFIT PLANS.—
‘‘(A) ALTERNATIVE NOTICE.—In the case of a defined
benefit plan, the requirements of paragraph (1)(B)(i) shall
be treated as met with respect to a participant if at least
once each year the administrator provides to the participant
notice of the availability of the pension benefit statement
and the ways in which the participant may obtain such
statement. Such notice may be delivered in written, electronic, or other appropriate form to the extent such form
is reasonably accessible to the participant.
‘‘(B) YEARS IN WHICH NO BENEFITS ACCRUE.—The Secretary may provide that years in which no employee or
former employee benefits (within the meaning of section
410(b) of the Internal Revenue Code of 1986) under the
plan need not be taken into account in determining the
3-year period under paragraph (1)(B)(i).’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 105 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025) is amended by
striking subsection (d).
(B) Section 105(b) of such Act (29 U.S.C. 1025(b)) is
amended to read as follows:
‘‘(b) LIMITATION ON NUMBER OF STATEMENTS.—In no case shall
a participant or beneficiary of a plan be entitled to more than
1 statement described in subparagraph (A)(iii) or (B)(ii) of subsection
(a)(1), whichever is applicable, in any 12-month period.’’.
(C) Section 502(c)(1) of such Act (29 U.S.C. 1132(c)(1))
is amended by striking ‘‘or section 101(f)’’ and inserting
‘‘section 101(f), or section 105(a)’’.
(b) MODEL STATEMENTS.—
(1) IN GENERAL.—The Secretary of Labor shall, within 1
year after the date of the enactment of this section, develop
1 or more model benefit statements that are written in a
manner calculated to be understood by the average plan participant and that may be used by plan administrators in complying
with the requirements of section 105 of the Employee Retirement Income Security Act of 1974.
(2) INTERIM FINAL RULES.—The Secretary of Labor may
promulgate any interim final rules as the Secretary determines
appropriate to carry out the provisions of this subsection.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00173

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Notices.

29 USC 1025
note.
Deadline.

APPS06

PsN: PUBL280

120 STAT. 952

PUBLIC LAW 109–280—AUG. 17, 2006
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2006.
(2) SPECIAL RULE FOR COLLECTIVELY BARGAINED AGREEMENTS.—In the case of a plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before
the date of the enactment of this Act, paragraph (1) shall
be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ‘‘December 31,
2006’’ the earlier of—
(A) the later of—
(i) December 31, 2007, or
(ii) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after such date of
enactment), or
(B) December 31, 2008.

29 USC 1025
note.

SEC. 509. NOTICE TO PARTICIPANTS OR BENEFICIARIES OF BLACKOUT
PERIODS.

29 USC 1021
note.

(a) IN GENERAL.—Section 101(i)(8)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(i)(8)(B)) is
amended by striking clauses (i) through (iv), by redesignating clause
(v) as clause (ii), and by inserting before clause (ii), as so redesignated, the following new clause:
‘‘(i) on the first day of the plan year—
‘‘(I) covered only one individual (or the individual and the individual’s spouse) and the individual (or the individual and the individual’s
spouse) owned 100 percent of the plan sponsor
(whether or not incorporated), or
‘‘(II) covered only one or more partners (or
partners and their spouses) in the plan sponsor,
and’’.
(b) EFFECTIVE DATE.—The amendments made by this subsection shall take effect as if included in the provisions of section
306 of Public Law 107–204 (116 Stat. 745 et seq.).

TITLE VI—INVESTMENT ADVICE, PROHIBITED TRANSACTIONS, AND FIDUCIARY RULES
Subtitle A—Investment Advice
SEC. 601. PROHIBITED TRANSACTION EXEMPTION FOR PROVISION OF
INVESTMENT ADVICE.

(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECUACT OF 1974.—
(1) EXEMPTION FROM PROHIBITED TRANSACTIONS.—Section
408(b) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1108(b)) is amended by adding at the end
the following new paragraph:

RITY

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00174

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 953

‘‘(14) Any transaction in connection with the provision of
investment advice described in section 3(21)(A)(ii) to a participant or beneficiary of an individual account plan that permits
such participant or beneficiary to direct the investment of assets
in their individual account, if—
‘‘(A) the transaction is—
‘‘(i) the provision of the investment advice to the
participant or beneficiary of the plan with respect to
a security or other property available as an investment
under the plan,
‘‘(ii) the acquisition, holding, or sale of a security
or other property available as an investment under
the plan pursuant to the investment advice, or
‘‘(iii) the direct or indirect receipt of fees or other
compensation by the fiduciary adviser or an affiliate
thereof (or any employee, agent, or registered representative of the fiduciary adviser or affiliate) in
connection with the provision of the advice or in
connection with an acquisition, holding, or sale of a
security or other property available as an investment
under the plan pursuant to the investment advice;
and
‘‘(B) the requirements of subsection (g) are met.’’.
(2) REQUIREMENTS.—Section 408 of such Act is amended
further by adding at the end the following new subsection:
‘‘(g) PROVISION OF INVESTMENT ADVICE TO PARTICIPANT AND
BENEFICIARIES.—
‘‘(1) IN GENERAL.—The prohibitions provided in section 406
shall not apply to transactions described in subsection (b)(14)
if the investment advice provided by a fiduciary adviser is
provided under an eligible investment advice arrangement.
‘‘(2) ELIGIBLE INVESTMENT ADVICE ARRANGEMENT.—For purposes of this subsection, the term ‘eligible investment advice
arrangement’ means an arrangement—
‘‘(A) which either—
‘‘(i) provides that any fees (including any commission or other compensation) received by the fiduciary
adviser for investment advice or with respect to the
sale, holding, or acquisition of any security or other
property for purposes of investment of plan assets do
not vary depending on the basis of any investment
option selected, or
‘‘(ii) uses a computer model under an investment
advice program meeting the requirements of paragraph
(3) in connection with the provision of investment
advice by a fiduciary adviser to a participant or beneficiary, and
‘‘(B) with respect to which the requirements of paragraph (4), (5), (6), (7), (8), and (9) are met.
‘‘(3) INVESTMENT ADVICE PROGRAM USING COMPUTER
MODEL.—
‘‘(A) IN GENERAL.—An investment advice program
meets the requirements of this paragraph if the requirements of subparagraphs (B), (C), and (D) are met.
‘‘(B) COMPUTER MODEL.—The requirements of this
subparagraph are met if the investment advice provided

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00175

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1108.

APPS06

PsN: PUBL280

120 STAT. 954

PUBLIC LAW 109–280—AUG. 17, 2006
under the investment advice program is provided pursuant
to a computer model that—
‘‘(i) applies generally accepted investment theories
that take into account the historic returns of different
asset classes over defined periods of time,
‘‘(ii) utilizes relevant information about the participant, which may include age, life expectancy, retirement age, risk tolerance, other assets or sources of
income, and preferences as to certain types of investments,
‘‘(iii) utilizes prescribed objective criteria to provide
asset allocation portfolios comprised of investment
options available under the plan,
‘‘(iv) operates in a manner that is not biased in
favor of investments offered by the fiduciary adviser
or a person with a material affiliation or contractual
relationship with the fiduciary adviser, and
‘‘(v) takes into account all investment options
under the plan in specifying how a participant’s
account balance should be invested and is not inappropriately weighted with respect to any investment
option.
‘‘(C) CERTIFICATION.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met with respect to any investment
advice program if an eligible investment expert certifies, prior to the utilization of the computer model
and in accordance with rules prescribed by the Secretary, that the computer model meets the requirements of subparagraph (B).
‘‘(ii) RENEWAL OF CERTIFICATIONS.—If, as determined under regulations prescribed by the Secretary,
there are material modifications to a computer model,
the requirements of this subparagraph are met only
if a certification described in clause (i) is obtained
with respect to the computer model as so modified.
‘‘(iii) ELIGIBLE INVESTMENT EXPERT.—The term
‘eligible investment expert’ means any person—
‘‘(I) which meets such requirements as the
Secretary may provide, and
‘‘(II) does not bear any material affiliation or
contractual relationship with any investment
adviser or a related person thereof (or any
employee, agent, or registered representative of
the investment adviser or related person).
‘‘(D) EXCLUSIVITY OF RECOMMENDATION.—The requirements of this subparagraph are met with respect to any
investment advice program if—
‘‘(i) the only investment advice provided under the
program is the advice generated by the computer model
described in subparagraph (B), and
‘‘(ii) any transaction described in subsection
(b)(14)(B)(ii) occurs solely at the direction of the participant or beneficiary.
Nothing in the preceding sentence shall preclude the
participant or beneficiary from requesting investment
advice other than that described in subparagraph (A), but

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00176

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 955

only if such request has not been solicited by any person
connected with carrying out the arrangement.
‘‘(4) EXPRESS AUTHORIZATION BY SEPARATE FIDUCIARY.—The
requirements of this paragraph are met with respect to an
arrangement if the arrangement is expressly authorized by
a plan fiduciary other than the person offering the investment
advice program, any person providing investment options under
the plan, or any affiliate of either.
‘‘(5) ANNUAL AUDIT.—The requirements of this paragraph
are met if an independent auditor, who has appropriate technical training or experience and proficiency and so represents
in writing—
‘‘(A) conducts an annual audit of the arrangement for
compliance with the requirements of this subsection, and
‘‘(B) following completion of the annual audit, issues
a written report to the fiduciary who authorized use of
the arrangement which presents its specific findings
regarding compliance of the arrangement with the requirements of this subsection.
For purposes of this paragraph, an auditor is considered independent if it is not related to the person offering the arrangement to the plan and is not related to any person providing
investment options under the plan.
‘‘(6) DISCLOSURE.—The requirements of this paragraph are
met if—
‘‘(A) the fiduciary adviser provides to a participant
or a beneficiary before the initial provision of the investment advice with regard to any security or other property
offered as an investment option, a written notification
(which may consist of notification by means of electronic
communication)—
‘‘(i) of the role of any party that has a material
affiliation or contractual relationship with the financial
adviser in the development of the investment advice
program and in the selection of investment options
available under the plan,
‘‘(ii) of the past performance and historical rates
of return of the investment options available under
the plan,
‘‘(iii) of all fees or other compensation relating
to the advice that the fiduciary adviser or any affiliate
thereof is to receive (including compensation provided
by any third party) in connection with the provision
of the advice or in connection with the sale, acquisition,
or holding of the security or other property,
‘‘(iv) of any material affiliation or contractual relationship of the fiduciary adviser or affiliates thereof
in the security or other property,
‘‘(v) the manner, and under what circumstances,
any participant or beneficiary information provided
under the arrangement will be used or disclosed,
‘‘(vi) of the types of services provided by the fiduciary adviser in connection with the provision of investment advice by the fiduciary adviser,
‘‘(vii) that the adviser is acting as a fiduciary of
the plan in connection with the provision of the advice,
and

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00177

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Reports.

APPS06

PsN: PUBL280

120 STAT. 956

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(viii) that a recipient of the advice may separately
arrange for the provision of advice by another adviser,
that could have no material affiliation with and receive
no fees or other compensation in connection with the
security or other property, and
‘‘(B) at all times during the provision of advisory services to the participant or beneficiary, the fiduciary
adviser—
‘‘(i) maintains the information described in
subparagraph (A) in accurate form and in the manner
described in paragraph (8),
‘‘(ii) provides, without charge, accurate information
to the recipient of the advice no less frequently than
annually,
‘‘(iii) provides, without charge, accurate information to the recipient of the advice upon request of
the recipient, and
‘‘(iv) provides, without charge, accurate information to the recipient of the advice concerning any material change to the information required to be provided
to the recipient of the advice at a time reasonably
contemporaneous to the change in information.
‘‘(7) OTHER CONDITIONS.—The requirements of this paragraph are met if—
‘‘(A) the fiduciary adviser provides appropriate disclosure, in connection with the sale, acquisition, or holding
of the security or other property, in accordance with all
applicable securities laws,
‘‘(B) the sale, acquisition, or holding occurs solely at
the direction of the recipient of the advice,
‘‘(C) the compensation received by the fiduciary adviser
and affiliates thereof in connection with the sale, acquisition, or holding of the security or other property is reasonable, and
‘‘(D) the terms of the sale, acquisition, or holding of
the security or other property are at least as favorable
to the plan as an arm’s length transaction would be.
‘‘(8) STANDARDS FOR PRESENTATION OF INFORMATION.—
‘‘(A) IN GENERAL.—The requirements of this paragraph
are met if the notification required to be provided to participants and beneficiaries under paragraph (6)(A) is written
in a clear and conspicuous manner and in a manner calculated to be understood by the average plan participant
and is sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of the
information required to be provided in the notification.
‘‘(B) MODEL FORM FOR DISCLOSURE OF FEES AND OTHER
COMPENSATION.—The Secretary shall issue a model form
for the disclosure of fees and other compensation required
in paragraph (6)(A)(iii) which meets the requirements of
subparagraph (A).
‘‘(9) MAINTENANCE FOR 6 YEARS OF EVIDENCE OF COMPLIANCE.—The requirements of this paragraph are met if a fiduciary adviser who has provided advice referred to in paragraph
(1) maintains, for a period of not less than 6 years after the
provision of the advice, any records necessary for determining
whether the requirements of the preceding provisions of this

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00178

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 957

subsection and of subsection (b)(14) have been met. A transaction prohibited under section 406 shall not be considered
to have occurred solely because the records are lost or destroyed
prior to the end of the 6-year period due to circumstances
beyond the control of the fiduciary adviser.
‘‘(10) EXEMPTION FOR PLAN SPONSOR AND CERTAIN OTHER
FIDUCIARIES.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), a plan
sponsor or other person who is a fiduciary (other than
a fiduciary adviser) shall not be treated as failing to meet
the requirements of this part solely by reason of the provision of investment advice referred to in section 3(21)(A)(ii)
(or solely by reason of contracting for or otherwise
arranging for the provision of the advice), if—
‘‘(i) the advice is provided by a fiduciary adviser
pursuant to an eligible investment advice arrangement
between the plan sponsor or other fiduciary and the
fiduciary adviser for the provision by the fiduciary
adviser of investment advice referred to in such section,
‘‘(ii) the terms of the eligible investment advice
arrangement require compliance by the fiduciary
adviser with the requirements of this subsection, and
‘‘(iii) the terms of the eligible investment advice
arrangement include a written acknowledgment by the
fiduciary adviser that the fiduciary adviser is a fiduciary of the plan with respect to the provision of the
advice.
‘‘(B) CONTINUED DUTY OF PRUDENT SELECTION OF
ADVISER AND PERIODIC REVIEW.—Nothing in subparagraph
(A) shall be construed to exempt a plan sponsor or other
person who is a fiduciary from any requirement of this
part for the prudent selection and periodic review of a
fiduciary adviser with whom the plan sponsor or other
person enters into an eligible investment advice arrangement for the provision of investment advice referred to
in section 3(21)(A)(ii). The plan sponsor or other person
who is a fiduciary has no duty under this part to monitor
the specific investment advice given by the fiduciary
adviser to any particular recipient of the advice.
‘‘(C) AVAILABILITY OF PLAN ASSETS FOR PAYMENT FOR
ADVICE.—Nothing in this part shall be construed to preclude the use of plan assets to pay for reasonable expenses
in providing investment advice referred to in section
3(21)(A)(ii).
‘‘(11) DEFINITIONS.—For purposes of this subsection and
subsection (b)(14)—
‘‘(A) FIDUCIARY ADVISER.—The term ‘fiduciary adviser’
means, with respect to a plan, a person who is a fiduciary
of the plan by reason of the provision of investment advice
referred to in section 3(21)(A)(ii) by the person to the
participant or beneficiary of the plan and who is—
‘‘(i) registered as an investment adviser under the
Investment Advisers Act of 1940 (15 U.S.C. 80b–1 et
seq.) or under the laws of the State in which the
fiduciary maintains its principal office and place of
business,

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00179

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 958

‘‘(ii) a bank or similar financial institution referred
to in section 408(b)(4) or a savings association (as
defined in section 3(b)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)), but only if the advice
is provided through a trust department of the bank
or similar financial institution or savings association
which is subject to periodic examination and review
by Federal or State banking authorities,
‘‘(iii) an insurance company qualified to do business
under the laws of a State,
‘‘(iv) a person registered as a broker or dealer
under the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.),
‘‘(v) an affiliate of a person described in any of
clauses (i) through (iv), or
‘‘(vi) an employee, agent, or registered representative of a person described in clauses (i) through (v)
who satisfies the requirements of applicable insurance,
banking, and securities laws relating to the provision
of the advice.
For purposes of this part, a person who develops the computer model described in paragraph (3)(B) or markets the
investment advice program or computer model shall be
treated as a person who is a fiduciary of the plan by
reason of the provision of investment advice referred to
in section 3(21)(A)(ii) to the participant or beneficiary and
shall be treated as a fiduciary adviser for purposes of
this subsection and subsection (b)(14), except that the Secretary may prescribe rules under which only 1 fiduciary
adviser may elect to be treated as a fiduciary with respect
to the plan.
‘‘(B) AFFILIATE.—The term ‘affiliate’ of another entity
means an affiliated person of the entity (as defined in
section 2(a)(3) of the Investment Company Act of 1940
(15 U.S.C. 80a–2(a)(3))).
‘‘(C) REGISTERED REPRESENTATIVE.—The term ‘registered representative’ of another entity means a person
described in section 3(a)(18) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(18)) (substituting the entity
for the broker or dealer referred to in such section) or
a person described in section 202(a)(17) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(a)(17)) (substituting
the entity for the investment adviser referred to in such
section).’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to advice referred to in section
3(21)(A)(ii) of the Employee Retirement Income Security Act
of 1974 provided after December 31, 2006.
(b) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.—
(1) EXEMPTION FROM PROHIBITED TRANSACTIONS.—Subsection (d) of section 4975 of the Internal Revenue Code of
1986 (relating to exemption from tax on prohibited transactions)
is amended—
(A) in paragraph (15), by striking ‘‘or’’ at the end;
(B) in paragraph (16), by striking the period at the
end and inserting ‘‘;or’’; and
(C) by adding at the end the following new paragraph:

29 USC 1108
note.

26 USC 4975.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00180

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 959

‘‘(17) Any transaction in connection with the provision of
investment advice described in subsection (e)(3)(B) to a participant or beneficiary in a plan and that permits such participant
or beneficiary to direct the investment of plan assets in an
individual account, if—
‘‘(A) the transaction is—
‘‘(i) the provision of the investment advice to the
participant or beneficiary of the plan with respect to
a security or other property available as an investment
under the plan,
‘‘(ii) the acquisition, holding, or sale of a security
or other property available as an investment under
the plan pursuant to the investment advice, or
‘‘(iii) the direct or indirect receipt of fees or other
compensation by the fiduciary adviser or an affiliate
thereof (or any employee, agent, or registered representative of the fiduciary adviser or affiliate) in
connection with the provision of the advice or in
connection with an acquisition, holding, or sale of a
security or other property available as an investment
under the plan pursuant to the investment advice;
and
‘‘(B) the requirements of subsection (f)(8) are met.’’.
(2) REQUIREMENTS.—Subsection (f) of such section 4975
(relating to other definitions and special rules) is amended
by adding at the end the following new paragraph:
‘‘(8) PROVISION OF INVESTMENT ADVICE TO PARTICIPANT AND
‘‘(A) IN GENERAL.—The prohibitions
BENEFICIARIES.— I24
provided in subsection (c) shall not apply to transactions
described in subsection (b)(14) if the investment advice provided
by a fiduciary adviser is provided under an eligible investment
advice arrangement.
‘‘(B) ELIGIBLE INVESTMENT ADVICE ARRANGEMENT.—For
purposes of this paragraph, the term ‘eligible investment
advice arrangement’ means an arrangement—
‘‘(i) which either—
‘‘(I) provides that any fees (including any
commission or other compensation) received by the
fiduciary adviser for investment advice or with
respect to the sale, holding, or acquisition of any
security or other property for purposes of investment of plan assets do not vary depending on
the basis of any investment option selected, or
‘‘(II) uses a computer model under an investment advice program meeting the requirements
of subparagraph (C) in connection with the provision of investment advice by a fiduciary adviser
to a participant or beneficiary, and
‘‘(ii) with respect to which the requirements of
subparagraphs (D), (E), (F), (G), (H), and (I) are met.
‘‘(C) INVESTMENT ADVICE PROGRAM USING COMPUTER
MODEL.—
‘‘(i) IN GENERAL.—An investment advice program
meets the requirements of this subparagraph if the
requirements of clauses (ii), (iii), and (iv) are met.
‘‘(ii) COMPUTER MODEL.—The requirements of this
clause are met if the investment advice provided under

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00181

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 4975.

APPS06

PsN: PUBL280

120 STAT. 960

PUBLIC LAW 109–280—AUG. 17, 2006
the investment advice program is provided pursuant
to a computer model that—
‘‘(I) applies generally accepted investment
theories that take into account the historic returns
of different asset classes over defined periods of
time,
‘‘(II) utilizes relevant information about the
participant, which may include age, life expectancy, retirement age, risk tolerance, other assets
or sources of income, and preferences as to certain
types of investments,
‘‘(III) utilizes prescribed objective criteria to
provide asset allocation portfolios comprised of
investment options available under the plan,
‘‘(IV) operates in a manner that is not biased
in favor of investments offered by the fiduciary
adviser or a person with a material affiliation or
contractual relationship with the fiduciary adviser,
and
‘‘(V) takes into account all investment options
under the plan in specifying how a participant’s
account balance should be invested and is not
inappropriately weighted with respect to any
investment option.
‘‘(iii) CERTIFICATION.—
‘‘(I) IN GENERAL.—The requirements of this
clause are met with respect to any investment
advice program if an eligible investment expert
certifies, prior to the utilization of the computer
model and in accordance with rules prescribed by
the Secretary of Labor, that the computer model
meets the requirements of clause (ii).
‘‘(II) RENEWAL OF CERTIFICATIONS.—If, as
determined under regulations prescribed by the
Secretary of Labor, there are material modifications to a computer model, the requirements of
this clause are met only if a certification described
in subclause (I) is obtained with respect to the
computer model as so modified.
‘‘(III) ELIGIBLE INVESTMENT EXPERT.—The
term ‘eligible investment expert’ means any person
which meets such requirements as the Secretary
of Labor may provide and which does not bear
any material affiliation or contractual relationship
with any investment adviser or a related person
thereof (or any employee, agent, or registered representative of the investment adviser or related
person).
‘‘(iv) EXCLUSIVITY OF RECOMMENDATION.—The
requirements of this clause are met with respect to
any investment advice program if—
‘‘(I) the only investment advice provided under
the program is the advice generated by the computer model described in clause (ii), and
‘‘(II) any transaction described in subsection
(b)(14)(B)(ii) occurs solely at the direction of the
participant or beneficiary.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00182

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 961

Nothing in the preceding sentence shall preclude the
participant or beneficiary from requesting investment
advice other than that described in clause (i), but only
if such request has not been solicited by any person
connected with carrying out the arrangement.
‘‘(D) EXPRESS AUTHORIZATION BY SEPARATE FIDUCIARY.—The requirements of this subparagraph are met
with respect to an arrangement if the arrangement is
expressly authorized by a plan fiduciary other than the
person offering the investment advice program, any person
providing investment options under the plan, or any affiliate of either.
‘‘(E) AUDITS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if an independent auditor, who
has appropriate technical training or experience and
proficiency and so represents in writing—
‘‘(I) conducts an annual audit of the arrangement for compliance with the requirements of this
paragraph, and
‘‘(II) following completion of the annual audit,
issues a written report to the fiduciary who authorized use of the arrangement which presents its
specific findings regarding compliance of the
arrangement with the requirements of this paragraph.
‘‘(ii) SPECIAL RULE FOR INDIVIDUAL RETIREMENT
AND SIMILAR PLANS.—In the case of a plan described
in subparagraphs (B) through (F) (and so much of
subparagraph (G) as relates to such subparagraphs)
of subsection (e)(1), in lieu of the requirements of clause
(i), audits of the arrangement shall be conducted at
such times and in such manner as the Secretary of
Labor may prescribe.
‘‘(iii) INDEPENDENT AUDITOR.—For purposes of this
subparagraph, an auditor is considered independent
if it is not related to the person offering the arrangement to the plan and is not related to any person
providing investment options under the plan.
‘‘(F) DISCLOSURE.—The requirements of this subparagraph are met if—
‘‘(i) the fiduciary adviser provides to a participant
or a beneficiary before the initial provision of the
investment advice with regard to any security or other
property offered as an investment option, a written
notification (which may consist of notification by means
of electronic communication)—
‘‘(I) of the role of any party that has a material
affiliation or contractual relationship with the
financial adviser in the development of the investment advice program and in the selection of investment options available under the plan,
‘‘(II) of the past performance and historical
rates of return of the investment options available
under the plan,
‘‘(III) of all fees or other compensation relating
to the advice that the fiduciary adviser or any

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00183

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Reports.

APPS06

PsN: PUBL280

120 STAT. 962

PUBLIC LAW 109–280—AUG. 17, 2006
affiliate thereof is to receive (including compensation provided by any third party) in connection
with the provision of the advice or in connection
with the sale, acquisition, or holding of the security
or other property,
‘‘(IV) of any material affiliation or contractual
relationship of the fiduciary adviser or affiliates
thereof in the security or other property,
‘‘(V) the manner, and under what circumstances, any participant or beneficiary
information provided under the arrangement will
be used or disclosed,
‘‘(VI) of the types of services provided by the
fiduciary adviser in connection with the provision
of investment advice by the fiduciary adviser,
‘‘(VII) that the adviser is acting as a fiduciary
of the plan in connection with the provision of
the advice, and
‘‘(VIII) that a recipient of the advice may separately arrange for the provision of advice by
another adviser, that could have no material affiliation with and receive no fees or other compensation in connection with the security or other property, and
‘‘(ii) at all times during the provision of advisory
services to the participant or beneficiary, the fiduciary
adviser—
‘‘(I) maintains the information described in
clause (i) in accurate form and in the manner
described in subparagraph (H),
‘‘(II) provides, without charge, accurate
information to the recipient of the advice no less
frequently than annually,
‘‘(III) provides, without charge, accurate
information to the recipient of the advice upon
request of the recipient, and
‘‘(IV) provides, without charge, accurate
information to the recipient of the advice concerning any material change to the information
required to be provided to the recipient of the
advice at a time reasonably contemporaneous to
the change in information.
‘‘(G) OTHER CONDITIONS.—The requirements of this
subparagraph are met if—
‘‘(i) the fiduciary adviser provides appropriate
disclosure, in connection with the sale, acquisition, or
holding of the security or other property, in accordance
with all applicable securities laws,
‘‘(ii) the sale, acquisition, or holding occurs solely
at the direction of the recipient of the advice,
‘‘(iii) the compensation received by the fiduciary
adviser and affiliates thereof in connection with the
sale, acquisition, or holding of the security or other
property is reasonable, and

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00184

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 963

‘‘(iv) the terms of the sale, acquisition, or holding
of the security or other property are at least as favorable to the plan as an arm’s length transaction would
be.
‘‘(H) STANDARDS FOR PRESENTATION OF INFORMATION.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if the notification required to
be provided to participants and beneficiaries under
subparagraph (F)(i) is written in a clear and conspicuous manner and in a manner calculated to be
understood by the average plan participant and is sufficiently accurate and comprehensive to reasonably
apprise such participants and beneficiaries of the
information required to be provided in the notification.
‘‘(ii) MODEL FORM FOR DISCLOSURE OF FEES AND
OTHER COMPENSATION.—The Secretary of Labor shall
issue a model form for the disclosure of fees and other
compensation required in subparagraph (F)(i)(III)
which meets the requirements of clause (i).
‘‘(I) MAINTENANCE FOR 6 YEARS OF EVIDENCE OF COMPLIANCE.—The requirements of this subparagraph are met
if a fiduciary adviser who has provided advice referred
to in subparagraph (A) maintains, for a period of not less
than 6 years after the provision of the advice, any records
necessary for determining whether the requirements of
the preceding provisions of this paragraph and of subsection
(d)(17) have been met. A transaction prohibited under section 406 shall not be considered to have occurred solely
because the records are lost or destroyed prior to the end
of the 6-year period due to circumstances beyond the control
of the fiduciary adviser.
‘‘(J) DEFINITIONS.—For purposes of this paragraph and
subsection (d)(17)—
‘‘(i) FIDUCIARY ADVISER.—The term ‘fiduciary
adviser’ means, with respect to a plan, a person who
is a fiduciary of the plan by reason of the provision
of investment advice by the person to the participant
or beneficiary of the plan and who is—
‘‘(I) registered as an investment adviser under
the Investment Advisers Act of 1940 (15 U.S.C.
80b–1 et seq.) or under the laws of the State
in which the fiduciary maintains its principal office
and place of business,
‘‘(II) a bank or similar financial institution
referred to in section 408(b)(4) or a savings association (as defined in section 3(b)(1) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(b)(1)), but
only if the advice is provided through a trust
department of the bank or similar financial institution or savings association which is subject to periodic examination and review by Federal or State
banking authorities,
‘‘(III) an insurance company qualified to do
business under the laws of a State,
‘‘(IV) a person registered as a broker or dealer
under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.),

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00185

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 964

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(V) an affiliate of a person described in any
of subclauses (I) through (IV), or
‘‘(VI) an employee, agent, or registered representative of a person described in subclauses
(I) through (V) who satisfies the requirements of
applicable insurance, banking, and securities laws
relating to the provision of the advice.
For purposes of this title, a person who develops the
computer model described in subparagraph (C)(ii) or
markets the investment advice program or computer
model shall be treated as a person who is a fiduciary
of the plan by reason of the provision of investment
advice referred to in subsection (e)(3)(B) to the participant or beneficiary and shall be treated as a fiduciary
adviser for purposes of this paragraph and subsection
(d)(17), except that the Secretary of Labor may prescribe rules under which only 1 fiduciary adviser may
elect to be treated as a fiduciary with respect to the
plan.
‘‘(ii) AFFILIATE.—The term ‘affiliate’ of another
entity means an affiliated person of the entity (as
defined in section 2(a)(3) of the Investment Company
Act of 1940 (15 U.S.C. 80a–2(a)(3))).
‘‘(iii) REGISTERED REPRESENTATIVE.—The term ‘registered representative’ of another entity means a person described in section 3(a)(18) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(18)) (substituting the entity for the broker or dealer referred
to in such section) or a person described in section
202(a)(17) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-2(a)(17)) (substituting the entity for the
investment adviser referred to in such section).’’.
(3) DETERMINATION OF FEASIBILITY OF APPLICATION OF COM-

26 USC 4975
note.

PUTER MODEL INVESTMENT ADVICE PROGRAMS FOR INDIVIDUAL
RETIREMENT AND SIMILAR PLANS.—
(A) SOLICITATION OF INFORMATION.—As soon as prac-

ticable after the date of the enactment of this Act, the
Secretary of Labor, in consultation with the Secretary of
the Treasury, shall—
(i) solicit information as to the feasibility of the
application of computer model investment advice programs for plans described in subparagraphs (B)
through (F) (and so much of subparagraph (G) as
relates to such subparagraphs) of section 4975(e)(1)
of the Internal Revenue Code of 1986, including soliciting information from—
(I) at least the top 50 trustees of such plans,
determined on the basis of assets held by such
trustees, and
(II) other persons offering computer model
investment advice programs based on nonproprietary products, and
(ii) shall on the basis of such information make
the determination under subparagraph (B).
The information solicited by the Secretary of Labor under
clause (i) from persons described in subclauses (I) and
(II) of clause (i) shall include information on computer

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00186

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 965

modeling capabilities of such persons with respect to the
current year and preceding year, including such capabilities
for investment accounts maintained by such persons.
(B) DETERMINATION OF FEASIBILITY.—The Secretary of
Labor, in consultation with the Secretary of the Treasury,
shall, on the basis of information received under subparagraph (A), determine whether there is any computer model
investment advice program which may be utilized by a
plan described in subparagraph (A)(i) to provide investment
advice to the account beneficiary of the plan which—
(i) utilizes relevant information about the account
beneficiary, which may include age, life expectancy,
retirement age, risk tolerance, other assets or sources
of income, and preferences as to certain types of investments,
(ii) takes into account the full range of investments, including equities and bonds, in determining
the options for the investment portfolio of the account
beneficiary, and
(iii) allows the account beneficiary, in directing
the investment of assets, sufficient flexibility in
obtaining advice to evaluate and select investment
options.
The Secretary of Labor shall report the results of such
determination to the committees of Congress referred to
in subparagraph (D)(ii) not later than December 31, 2007.
(C) APPLICATION OF COMPUTER MODEL INVESTMENT
ADVICE PROGRAM.—
(i) CERTIFICATION REQUIRED FOR USE OF COMPUTER
MODEL.—
(I) RESTRICTION ON USE.—Subclause (II) of section 4975(f)(8)(B)(i) of the Internal Revenue Code
of 1986 shall not apply to a plan described in
subparagraph (A)(i).
(II) RESTRICTION LIFTED IF MODEL CERTIFIED.—If the Secretary of Labor determines
under subparagraph (B) or (D) that there is a
computer model investment advice program
described in subparagraph (B), subclause (I) shall
cease to apply as of the date of such determination.
(ii) CLASS EXEMPTION IF NO INITIAL CERTIFICATION
BY SECRETARY.—If the Secretary of Labor determines
under subparagraph (B) that there is no computer
model investment advice program described in
subparagraph (B), the Secretary of Labor shall grant
a class exemption from treatment as a prohibited transaction under section 4975(c) of the Internal Revenue
Code of 1986 to any transaction described in section
4975(d)(17)(A) of such Code with respect to plans
described in subparagraph (A)(i), subject to such conditions as set forth in such exemption as are in the
interests of the plan and its account beneficiary and
protective of the rights of the account beneficiary and
as are necessary to—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00187

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Reports.
Deadline.

APPS06

PsN: PUBL280

120 STAT. 966

Deadline.

Deadlines.

26 USC 4975
note.

26 USC 4975
note.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

(I) ensure the requirements of sections
4975(d)(17) and 4975(f)(8) (other than subparagraph (C) thereof) of the Internal Revenue Code
of 1986 are met, and
(II) ensure the investment advice provided
under the investment advice program utilizes prescribed objective criteria to provide asset allocation
portfolios comprised of securities or other property
available as investments under the plan.
If the Secretary of Labor solicits any information under
subparagraph (A) from a person and such person does
not provide such information within 60 days after the
solicitation, then, unless such failure was due to
reasonable cause and not wilful neglect, such person
shall not be entitled to utilize the class exemption
under this clause.
(D) SUBSEQUENT DETERMINATION.—
(i) IN GENERAL.—If the Secretary of Labor initially
makes a determination described in subparagraph
(C)(ii), the Secretary may subsequently determine that
there is a computer model investment advice program
described in subparagraph (B). If the Secretary makes
such subsequent determination, then the class exemption described in subparagraph (C)(ii) shall cease to
apply after the later of—
(I) the date which is 2 years after such subsequent determination, or
(II) the date which is 3 years after the first
date on which such exemption took effect.
(ii) REQUESTS FOR DETERMINATION.—Any person
may request the Secretary of Labor to make a determination under this subparagraph with respect to any
computer model investment advice program, and the
Secretary of Labor shall make a determination with
respect to such request within 90 days. If the Secretary
of Labor makes a determination that such program
is not described in subparagraph (B), the Secretary
shall, within 10 days of such determination, notify
the Committee on Ways and Means and the Committee
on Education and the Workforce of the House of Representatives and the Committee on Finance and the
Committee on Health, Education, Labor, and Pensions
of the Senate of such determination and the reasons
for such determination.
(E) EFFECTIVE DATE.—The provisions of this paragraph
shall take effect on the date of the enactment of this
Act.
(4) EFFECTIVE DATE.—Except as provided in this subsection,
the amendments made by this subsection shall apply with
respect to advice referred to in section 4975(c)(3)(B) of the
Internal Revenue Code of 1986 provided after December 31,
2006.
(c) COORDINATION WITH EXISTING EXEMPTIONS.—Any exemption under section 408(b) of the Employee Retirement Income Security Act of 1974 and section 4975(d) of the Internal Revenue Code
of 1986 provided by the amendments made by this section shall

Jkt 049139

PO 00280

Frm 00188

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 967

not in any manner alter existing individual or class exemptions,
provided by statute or administrative action.

Subtitle B—Prohibited Transactions
SEC. 611. PROHIBITED TRANSACTION RULES RELATING TO FINANCIAL
INVESTMENTS.

(a) EXEMPTION FOR BLOCK TRADING.—
(1) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 408(b) of such Act (29 U.S.C.
1108(b)), as amended by section 601, is amended by adding
at the end the following new paragraph:
‘‘(15)(A) Any transaction involving the purchase or sale
of securities, or other property (as determined by the Secretary),
between a plan and a party in interest (other than a fiduciary
described in section 3(21)(A)) with respect to a plan if—
‘‘(i) the transaction involves a block trade,
‘‘(ii) at the time of the transaction, the interest of
the plan (together with the interests of any other plans
maintained by the same plan sponsor), does not exceed
10 percent of the aggregate size of the block trade,
‘‘(iii) the terms of the transaction, including the price,
are at least as favorable to the plan as an arm’s length
transaction, and
‘‘(iv) the compensation associated with the purchase
and sale is not greater than the compensation associated
with an arm’s length transaction with an unrelated party.
‘‘(B) For purposes of this paragraph, the term ‘block trade’
means any trade of at least 10,000 shares or with a market
value of at least $200,000 which will be allocated across two
or more unrelated client accounts of a fiduciary.’’.
(2) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.—
(A) IN GENERAL.—Subsection (d) of section 4975 of
the Internal Revenue Code of 1986 (relating to exemptions),
as amended by section 601, is amended by striking ‘‘or’’
at the end of paragraph (16), by striking the period at
the end of paragraph (17) and inserting ‘‘, or’’, and by
adding at the end the following new paragraph:
‘‘(18) any transaction involving the purchase or sale of
securities, or other property (as determined by the Secretary
of Labor), between a plan and a party in interest (other than
a fiduciary described in subsection (e)(3)(B)) with respect to
a plan if—
‘‘(A) the transaction involves a block trade,
‘‘(B) at the time of the transaction, the interest of
the plan (together with the interests of any other plans
maintained by the same plan sponsor), does not exceed
10 percent of the aggregate size of the block trade,
‘‘(C) the terms of the transaction, including the price,
are at least as favorable to the plan as an arm’s length
transaction, and
‘‘(D) the compensation associated with the purchase
and sale is not greater than the compensation associated
with an arm’s length transaction with an unrelated party.’’.
(B) SPECIAL RULE RELATING TO BLOCK TRADE.—Subsection (f) of section 4975 of such Code (relating to other

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00189

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 968

29 USC 1108.

Deadline.
Notice.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

definitions and special rules), as amended by section 601,
is amended by adding at the end the following new paragraph:
‘‘(9) BLOCK TRADE.—The term ‘block trade’ means any trade
of at least 10,000 shares or with a market value of at least
$200,000 which will be allocated across two or more unrelated
client accounts of a fiduciary.’’.
(b) BONDING RELIEF.—Section 412(a) of such Act (29 U.S.C.
1112(a)) is amended—
(1) by redesignating paragraph (2) as paragraph (3),
(2) by striking ‘‘and’’ at the end of paragraph (1), and
(3) by inserting after paragraph (1) the following new paragraph:
‘‘(2) no bond shall be required of any entity which is registered as a broker or a dealer under section 15(b) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) if the broker
or dealer is subject to the fidelity bond requirements of a
self-regulatory organization (within the meaning of section
3(a)(26) of such Act (15 U.S.C. 78c(a)(26)).’’.
(c) EXEMPTION FOR ELECTRONIC COMMUNICATION NETWORK.—
(1) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 408(b) of such Act, as amended
by subsection (a), is amended by adding at the end the following:
‘‘(16) Any transaction involving the purchase or sale of
securities, or other property (as determined by the Secretary),
between a plan and a party in interest if—
‘‘(A) the transaction is executed through an electronic
communication network, alternative trading system, or
similar execution system or trading venue subject to regulation and oversight by—
‘‘(i) the applicable Federal regulating entity, or
‘‘(ii) such foreign regulatory entity as the Secretary
may determine by regulation,
‘‘(B) either—
‘‘(i) the transaction is effected pursuant to rules
designed to match purchases and sales at the best
price available through the execution system in accordance with applicable rules of the Securities and
Exchange Commission or other relevant governmental
authority, or
‘‘(ii) neither the execution system nor the parties
to the transaction take into account the identity of
the parties in the execution of trades,
‘‘(C) the price and compensation associated with the
purchase and sale are not greater than the price and compensation associated with an arm’s length transaction with
an unrelated party,
‘‘(D) if the party in interest has an ownership interest
in the system or venue described in subparagraph (A),
the system or venue has been authorized by the plan
sponsor or other independent fiduciary for transactions
described in this paragraph, and
‘‘(E) not less than 30 days prior to the initial transaction described in this paragraph executed through any
system or venue described in subparagraph (A), a plan
fiduciary is provided written or electronic notice of the

Jkt 049139

PO 00280

Frm 00190

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 969

execution of such transaction through such system or
venue.’’.
(2) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.—
Subsection (d) of section 4975 of the Internal Revenue Code
of 1986 (relating to exemptions), as amended by subsection
(a), is amended by striking ‘‘or’’ at the end of paragraph (17),
by striking the period at the end of paragraph (18) and inserting
‘‘, or’’, and by adding at the end the following new paragraph:
‘‘(19) any transaction involving the purchase or sale of
securities, or other property (as determined by the Secretary
of Labor), between a plan and a party in interest if—
‘‘(A) the transaction is executed through an electronic
communication network, alternative trading system, or
similar execution system or trading venue subject to regulation and oversight by—
‘‘(i) the applicable Federal regulating entity, or
‘‘(ii) such foreign regulatory entity as the Secretary
of Labor may determine by regulation,
‘‘(B) either—
‘‘(i) the transaction is effected pursuant to rules
designed to match purchases and sales at the best
price available through the execution system in accordance with applicable rules of the Securities and
Exchange Commission or other relevant governmental
authority, or
‘‘(ii) neither the execution system nor the parties
to the transaction take into account the identity of
the parties in the execution of trades,
‘‘(C) the price and compensation associated with the
purchase and sale are not greater than the price and compensation associated with an arm’s length transaction with
an unrelated party,
‘‘(D) if the party in interest has an ownership interest
in the system or venue described in subparagraph (A),
the system or venue has been authorized by the plan
sponsor or other independent fiduciary for transactions
described in this paragraph, and
‘‘(E) not less than 30 days prior to the initial transaction described in this paragraph executed through any
system or venue described in subparagraph (A), a plan
fiduciary is provided written or electronic notice of the
execution of such transaction through such system or
venue.’’.
(d) EXEMPTION FOR SERVICE PROVIDERS.—
(1) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 408(b) of such Act (29 U.S.C. 1106),
as amended by subsection (c), is amended by adding at the
end the following new paragraph:
‘‘(17)(A) Transactions described in subparagraphs (A), (B),
and (D) of section 406(a)(1) between a plan and a person that
is a party in interest other than a fiduciary (or an affiliate)
who has or exercises any discretionary authority or control
with respect to the investment of the plan assets involved
in the transaction or renders investment advice (within the
meaning of section 3(21)(A)(ii)) with respect to those assets,
solely by reason of providing services to the plan or solely
by reason of a relationship to such a service provider described

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00191

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.
Notice.

29 USC 1108.

APPS06

PsN: PUBL280

120 STAT. 970

PUBLIC LAW 109–280—AUG. 17, 2006
in subparagraph (F), (G), (H), or (I) of section 3(14), or both,
but only if in connection with such transaction the plan receives
no less, nor pays no more, than adequate consideration.
‘‘(B) For purposes of this paragraph, the term ‘adequate
consideration’ means—
‘‘(i) in the case of a security for which there is
a generally recognized market—
‘‘(I) the price of the security prevailing on a
national securities exchange which is registered
under section 6 of the Securities Exchange Act
of 1934, taking into account factors such as the
size of the transaction and marketability of the
security, or
‘‘(II) if the security is not traded on such a
national securities exchange, a price not less favorable to the plan than the offering price for the
security as established by the current bid and
asked prices quoted by persons independent of the
issuer and of the party in interest, taking into
account factors such as the size of the transaction
and marketability of the security, and
‘‘(ii) in the case of an asset other than a security
for which there is a generally recognized market, the
fair market value of the asset as determined in good
faith by a fiduciary or fiduciaries in accordance with
regulations prescribed by the Secretary.’’.
(2) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.—
(A) IN GENERAL.—Subsection (d) of section 4975 of
the Internal Revenue Code of 1986 (relating to exemptions),
as amended by subsection (c), is amended by striking ‘‘or’’
at the end of paragraph (18), by striking the period at
the end of paragraph (19) and inserting ‘‘, or’’, and by
adding at the end the following new paragraph:
‘‘(20) transactions described in subparagraphs (A), (B), and
(D) of subsection (c)(1) between a plan and a person that
is a party in interest other than a fiduciary (or an affiliate)
who has or exercises any discretionary authority or control
with respect to the investment of the plan assets involved
in the transaction or renders investment advice (within the
meaning of subsection (e)(3)(B)) with respect to those assets,
solely by reason of providing services to the plan or solely
by reason of a relationship to such a service provider described
in subparagraph (F), (G), (H), or (I) of subsection (e)(2), or
both, but only if in connection with such transaction the plan
receives no less, nor pays no more, than adequate consideration.’’.
(B) SPECIAL RULE RELATING TO SERVICE PROVIDERS.—
Subsection (f) of section 4975 of such Code (relating to
other definitions and special rules), as amended by subsection (a), is amended by adding at the end the following
new paragraph:
‘‘(10) ADEQUATE CONSIDERATION.—The term ‘adequate
consideration’ means—
‘‘(A) in the case of a security for which there is a
generally recognized market—
‘‘(i) the price of the security prevailing on a
national securities exchange which is registered under

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00192

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 971

section 6 of the Securities Exchange Act of 1934, taking
into account factors such as the size of the transaction
and marketability of the security, or
‘‘(ii) if the security is not traded on such a national
securities exchange, a price not less favorable to the
plan than the offering price for the security as established by the current bid and asked prices quoted
by persons independent of the issuer and of the party
in interest, taking into account factors such as the
size of the transaction and marketability of the security, and
‘‘(B) in the case of an asset other than a security
for which there is a generally recognized market, the fair
market value of the asset as determined in good faith
by a fiduciary or fiduciaries in accordance with regulations
prescribed by the Secretary of Labor.’’.
(e) RELIEF FOR FOREIGN EXCHANGE TRANSACTIONS.—
(1) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 408(b) of such Act (29 U.S.C.
1108(b)), as amended by subsection (d), is amended by adding
at the end the following new paragraph:
‘‘(18) FOREIGN EXCHANGE TRANSACTIONS.—Any foreign
exchange transactions, between a bank or broker-dealer (or
any affiliate of either), and a plan (as defined in section 3(3))
with respect to which such bank or broker-dealer (or affiliate)
is a trustee, custodian, fiduciary, or other party in interest,
if—
‘‘(A) the transaction is in connection with the purchase,
holding, or sale of securities or other investment assets
(other than a foreign exchange transaction unrelated to
any other investment in securities or other investment
assets),
‘‘(B) at the time the foreign exchange transaction is
entered into, the terms of the transaction are not less
favorable to the plan than the terms generally available
in comparable arm’s length foreign exchange transactions
between unrelated parties, or the terms afforded by the
bank or broker-dealer (or any affiliate of either) in comparable arm’s-length foreign exchange transactions
involving unrelated parties,
‘‘(C) the exchange rate used by such bank or brokerdealer (or affiliate) for a particular foreign exchange transaction does not deviate by more or less than 3 percent
from the interbank bid and asked rates for transactions
of comparable size and maturity at the time of the transaction as displayed on an independent service that reports
rates of exchange in the foreign currency market for such
currency, and
‘‘(D) the bank or broker-dealer (or any affiliate of
either) does not have investment discretion, or provide
investment advice, with respect to the transaction.’’.
(2) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.—
Subsection (d) of section 4975 of the Internal Revenue Code
of 1986 (relating to exemptions), as amended by subsection
(d), is amended by striking ‘‘or’’ at the end of paragraph (19),
by striking the period at the end of paragraph (20) and inserting
‘‘, or’’, and by adding at the end the following new paragraph:

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00193

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 972

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(21) any foreign exchange transactions, between a bank
or broker-dealer (or any affiliate of either) and a plan (as
defined in this section) with respect to which such bank or
broker-dealer (or affiliate) is a trustee, custodian, fiduciary,
or other party in interest person, if—
‘‘(A) the transaction is in connection with the purchase,
holding, or sale of securities or other investment assets
(other than a foreign exchange transaction unrelated to
any other investment in securities or other investment
assets),
‘‘(B) at the time the foreign exchange transaction is
entered into, the terms of the transaction are not less
favorable to the plan than the terms generally available
in comparable arm’s length foreign exchange transactions
between unrelated parties, or the terms afforded by the
bank or broker-dealer (or any affiliate of either) in comparable arm’s-length foreign exchange transactions
involving unrelated parties,
‘‘(C) the exchange rate used by such bank or brokerdealer (or affiliate) for a particular foreign exchange transaction does not deviate by more or less than 3 percent
from the interbank bid and asked rates for transactions
of comparable size and maturity at the time of the transaction as displayed on an independent service that reports
rates of exchange in the foreign currency market for such
currency, and
‘‘(D) the bank or broker-dealer (or any affiliate of
either) does not have investment discretion, or provide
investment advice, with respect to the transaction.’’.
(f) DEFINITION OF PLAN ASSET VEHICLE.—Section 3 of such
Act (29 U.S.C. 1002) is amended by adding at the end the following
new paragraph:
‘‘(42) the term ‘plan assets’ means plan assets as defined by
such regulations as the Secretary may prescribe, except that under
such regulations the assets of any entity shall not be treated as
plan assets if, immediately after the most recent acquisition of
any equity interest in the entity, less than 25 percent of the total
value of each class of equity interest in the entity is held by
benefit plan investors. For purposes of determinations pursuant
to this paragraph, the value of any equity interest held by a person
(other than such a benefit plan investor) who has discretionary
authority or control with respect to the assets of the entity or
any person who provides investment advice for a fee (direct or
indirect) with respect to such assets, or any affiliate of such a
person, shall be disregarded for purposes of calculating the 25
percent threshold. An entity shall be considered to hold plan assets
only to the extent of the percentage of the equity interest held
by benefit plan investors. For purposes of this paragraph, the term
‘benefit plan investor’ means an employee benefit plan subject to
part 4, any plan to which section 4975 of the Internal Revenue
Code of 1986 applies, and any entity whose underlying assets
include plan assets by reason of a plan’s investment in such entity.’’.
(g) EXEMPTION FOR CROSS TRADING.—
(1) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 408(b) of such Act (29 U.S.C.
1108(b)), as amended by subsection (e), is amended by adding
at the end the following new paragraph:

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00194

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 973

‘‘(19) CROSS TRADING.—Any transaction described in sections 406(a)(1)(A) and 406(b)(2) involving the purchase and
sale of a security between a plan and any other account managed by the same investment manager, if—
‘‘(A) the transaction is a purchase or sale, for no consideration other than cash payment against prompt delivery
of a security for which market quotations are readily available,
‘‘(B) the transaction is effected at the independent current market price of the security (within the meaning of
section 270.17a–7(b) of title 17, Code of Federal Regulations),
‘‘(C) no brokerage commission, fee (except for customary transfer fees, the fact of which is disclosed pursuant
to subparagraph (D)), or other remuneration is paid in
connection with the transaction,
‘‘(D) a fiduciary (other than the investment manager
engaging in the cross-trades or any affiliate) for each plan
participating in the transaction authorizes in advance of
any cross-trades (in a document that is separate from any
other written agreement of the parties) the investment
manager to engage in cross trades at the investment manager’s discretion, after such fiduciary has received disclosure regarding the conditions under which cross trades
may take place (but only if such disclosure is separate
from any other agreement or disclosure involving the asset
management relationship), including the written policies
and procedures of the investment manager described in
subparagraph (H),
‘‘(E) each plan participating in the transaction has
assets of at least $100,000,000, except that if the assets
of a plan are invested in a master trust containing the
assets of plans maintained by employers in the same controlled group (as defined in section 407(d)(7)), the master
trust has assets of at least $100,000,000,
‘‘(F) the investment manager provides to the plan fiduciary who authorized cross trading under subparagraph
(D) a quarterly report detailing all cross trades executed
by the investment manager in which the plan participated
during such quarter, including the following information,
as applicable: (i) the identity of each security bought or
sold; (ii) the number of shares or units traded; (iii) the
parties involved in the cross-trade; and (iv) trade price
and the method used to establish the trade price,
‘‘(G) the investment manager does not base its fee
schedule on the plan’s consent to cross trading, and no
other service (other than the investment opportunities and
cost savings available through a cross trade) is conditioned
on the plan’s consent to cross trading,
‘‘(H) the investment manager has adopted, and crosstrades are effected in accordance with, written cross-trading
policies and procedures that are fair and equitable to all
accounts participating in the cross-trading program, and
that include a description of the manager’s pricing policies
and procedures, and the manager’s policies and procedures
for allocating cross trades in an objective manner among
accounts participating in the cross-trading program, and

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00195

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 974

‘‘(I) the investment manager has designated an individual responsible for periodically reviewing such purchases
and sales to ensure compliance with the written policies
and procedures described in subparagraph (H), and following such review, the individual shall issue an annual
written report no later than 90 days following the period
to which it relates signed under penalty of perjury to
the plan fiduciary who authorized cross trading under
subparagraph (D) describing the steps performed during
the course of the review, the level of compliance, and any
specific instances of non-compliance.
The written report under subparagraph (I) shall also notify
the plan fiduciary of the plan’s right to terminate participation
in the investment manager’s cross-trading program at any
time.’’.
(2) AMENDMENTS OF INTERNAL REVENUE CODE OF 1986.—
Subsection (d) of section 4975 of the Internal Revenue Code
of 1986 (relating to exemptions), as amended by subsection
(e), is amended by striking ‘‘or’’ at the end of paragraph (20),
by striking the period at the end of paragraph (21) and inserting
‘‘, or’’, and by adding at the end the following new paragraph:
‘‘(22) any transaction described in subsection (c)(1)(A)
involving the purchase and sale of a security between a plan
and any other account managed by the same investment manager, if—
‘‘(A) the transaction is a purchase or sale, for no consideration other than cash payment against prompt delivery
of a security for which market quotations are readily available,
‘‘(B) the transaction is effected at the independent current market price of the security (within the meaning of
section 270.17a–7(b) of title 17, Code of Federal Regulations),
‘‘(C) no brokerage commission, fee (except for customary transfer fees, the fact of which is disclosed pursuant
to subparagraph (D)), or other remuneration is paid in
connection with the transaction,
‘‘(D) a fiduciary (other than the investment manager
engaging in the cross-trades or any affiliate) for each plan
participating in the transaction authorizes in advance of
any cross-trades (in a document that is separate from any
other written agreement of the parties) the investment
manager to engage in cross trades at the investment manager’s discretion, after such fiduciary has received disclosure regarding the conditions under which cross trades
may take place (but only if such disclosure is separate
from any other agreement or disclosure involving the asset
management relationship), including the written policies
and procedures of the investment manager described in
subparagraph (H),
‘‘(E) each plan participating in the transaction has
assets of at least $100,000,000, except that if the assets
of a plan are invested in a master trust containing the
assets of plans maintained by employers in the same controlled group (as defined in section 407(d)(7) of the
Employee Retirement Income Security Act of 1974), the
master trust has assets of at least $100,000,000,

Reports.
Deadline.

Notification.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00196

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 975

‘‘(F) the investment manager provides to the plan fiduciary who authorized cross trading under subparagraph
(D) a quarterly report detailing all cross trades executed
by the investment manager in which the plan participated
during such quarter, including the following information,
as applicable: (i) the identity of each security bought or
sold; (ii) the number of shares or units traded; (iii) the
parties involved in the cross-trade; and (iv) trade price
and the method used to establish the trade price,
‘‘(G) the investment manager does not base its fee
schedule on the plan’s consent to cross trading, and no
other service (other than the investment opportunities and
cost savings available through a cross trade) is conditioned
on the plan’s consent to cross trading,
‘‘(H) the investment manager has adopted, and crosstrades are effected in accordance with, written cross-trading
policies and procedures that are fair and equitable to all
accounts participating in the cross-trading program, and
that include a description of the manager’s pricing policies
and procedures, and the manager’s policies and procedures
for allocating cross trades in an objective manner among
accounts participating in the cross-trading program, and
‘‘(I) the investment manager has designated an individual responsible for periodically reviewing such purchases
and sales to ensure compliance with the written policies
and procedures described in subparagraph (H), and following such review, the individual shall issue an annual
written report no later than 90 days following the period
to which it relates signed under penalty of perjury to
the plan fiduciary who authorized cross trading under
subparagraph (D) describing the steps performed during
the course of the review, the level of compliance, and any
specific instances of non-compliance.
The written report shall also notify the plan fiduciary of the
plan’s right to terminate participation in the investment manager’s cross-trading program at any time.’’.
(3) REGULATIONS.—No later than 180 days after the date
of the enactment of this Act, the Secretary of Labor, after
consultation with the Securities and Exchange Commission,
shall issue regulations regarding the content of policies and
procedures required to be adopted by an investment manager
under section 408(b)(19) of the Employee Retirement Income
Security Act of 1974.
(h) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to transactions
occurring after the date of the enactment of this Act.
(2) BONDING RULE.—The amendments made by subsection
(b) shall apply to plan years beginning after such date.
SEC.

612.

Reports.
Deadline.

Notification.

Deadline.
29 USC 1108
note.

26 USC 4975
note.

CORRECTION PERIOD FOR CERTAIN TRANSACTIONS
INVOLVING SECURITIES AND COMMODITIES.

(a) AMENDMENT OF EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.—Section 408(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108(b)), as amended by sections
601 and 611, is further amended by adding at the end the following
new paragraph:

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00197

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 976

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(20)(A) Except as provided in subparagraphs (B) and (C),
a transaction described in section 406(a) in connection with
the acquisition, holding, or disposition of any security or commodity, if the transaction is corrected before the end of the
correction period.
‘‘(B) Subparagraph (A) does not apply to any transaction
between a plan and a plan sponsor or its affiliates that involves
the acquisition or sale of an employer security (as defined
in section 407(d)(1)) or the acquisition, sale, or lease of employer
real property (as defined in section 407(d)(2)).
‘‘(C) In the case of any fiduciary or other party in interest
(or any other person knowingly participating in such transaction), subparagraph (A) does not apply to any transaction
if, at the time the transaction occurs, such fiduciary or party
in interest (or other person) knew (or reasonably should have
known) that the transaction would (without regard to this
paragraph) constitute a violation of section 406(a).
‘‘(D) For purposes of this paragraph, the term ‘correction
period’ means, in connection with a fiduciary or party in interest
(or other person knowingly participating in the transaction),
the 14-day period beginning on the date on which such fiduciary
or party in interest (or other person) discovers, or reasonably
should have discovered, that the transaction would (without
regard to this paragraph) constitute a violation of section 406(a).
‘‘(E) For purposes of this paragraph—
‘‘(i) The term ‘security’ has the meaning given such
term by section 475(c)(2) of the Internal Revenue Code
of 1986 (without regard to subparagraph (F)(iii) and the
last sentence thereof).
‘‘(ii) The term ‘commodity’ has the meaning given such
term by section 475(e)(2) of such Code (without regard
to subparagraph (D)(iii) thereof).
‘‘(iii) The term ‘correct’ means, with respect to a transaction—
‘‘(I) to undo the transaction to the extent possible
and in any case to make good to the plan or affected
account any losses resulting from the transaction, and
‘‘(II) to restore to the plan or affected account
any profits made through the use of assets of the
plan.’’.
(b) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—
(1) IN GENERAL.—Subsection (d) of section 4975 of the
Internal Revenue Code of 1986 (relating to exemptions), as
amended by sections 601 and 611, is amended by striking
‘‘or’’ at the end of paragraph (21), by striking the period at
the end of paragraph (22) and inserting ‘‘, or’’, and by adding
at the end the following new paragraph:
‘‘(23) except as provided in subsection (f)(11), a transaction
described in subparagraph (A), (B), (C), or (D) of subsection
(c)(1) in connection with the acquisition, holding, or disposition
of any security or commodity, if the transaction is corrected
before the end of the correction period.’’.
(2) SPECIAL RULES RELATING TO CORRECTION PERIOD.—Subsection (f) of section 4975 of such Code (relating to other definitions and special rules), as amended by sections 601 and 611,
is amended by adding at the end the following new paragraph:
‘‘(11) CORRECTION PERIOD.—

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00198

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 977

‘‘(A) IN GENERAL.—For purposes of subsection (d)(23),
the term ‘correction period’ means the 14-day period beginning on the date on which the disqualified person discovers,
or reasonably should have discovered, that the transaction
would (without regard to this paragraph and subsection
(d)(23)) constitute a prohibited transaction.
‘‘(B) EXCEPTIONS.—
‘‘(i) EMPLOYER SECURITIES.—Subsection (d)(23)
does not apply to any transaction between a plan and
a plan sponsor or its affiliates that involves the acquisition or sale of an employer security (as defined in
section 407(d)(1)) or the acquisition, sale, or lease of
employer real property (as defined in section 407(d)(2)).
‘‘(ii) KNOWING PROHIBITED TRANSACTION.—In the
case of any disqualified person, subsection (d)(23) does
not apply to a transaction if, at the time the transaction
is entered into, the disqualified person knew (or reasonably should have known) that the transaction would
(without regard to this paragraph) constitute a prohibited transaction.
‘‘(C) ABATEMENT OF TAX WHERE THERE IS A CORRECTION.—If a transaction is not treated as a prohibited transaction by reason of subsection (d)(23), then no tax under
subsections (a) and (b) shall be assessed with respect to
such transaction, and if assessed the assessment shall be
abated, and if collected shall be credited or refunded as
an overpayment.
‘‘(D) DEFINITIONS.—For purposes of this paragraph and
subsection (d)(23)—
‘‘(i) SECURITY.—The term ‘security’ has the
meaning given such term by section 475(c)(2) (without
regard to subparagraph (F)(iii) and the last sentence
thereof).
‘‘(ii) COMMODITY.—The term ‘commodity’ has the
meaning given such term by section 475(e)(2) (without
regard to subparagraph (D)(iii) thereof).
‘‘(iii) CORRECT.—The term ‘correct’ means, with
respect to a transaction—
‘‘(I) to undo the transaction to the extent possible and in any case to make good to the plan
or affected account any losses resulting from the
transaction, and
‘‘(II) to restore to the plan or affected account
any profits made through the use of assets of the
plan.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to any transaction which the fiduciary or disqualified
person discovers, or reasonably should have discovered, after the
date of the enactment of this Act constitutes a prohibited transaction.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00199

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 4975
note.

APPS06

PsN: PUBL280

120 STAT. 978

PUBLIC LAW 109–280—AUG. 17, 2006

Subtitle C—Fiduciary and Other Rules
SEC. 621. INAPPLICABILITY OF RELIEF FROM FIDUCIARY LIABILITY
DURING SUSPENSION OF ABILITY OF PARTICIPANT OR
BENEFICIARY TO DIRECT INVESTMENTS.

(a) IN GENERAL.—Section 404(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104(c)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and by inserting ‘‘(A)’’
after ‘‘(c)(1)’’,
(B) in subparagraph (A)(ii) (as redesignated by paragraph (1)), by inserting before the period the following:
‘‘, except that this clause shall not apply in connection
with such participant or beneficiary for any blackout period
during which the ability of such participant or beneficiary
to direct the investment of the assets in his or her account
is suspended by a plan sponsor or fiduciary’’, and
(C) by adding at the end the following new subparagraphs:
‘‘(B) If a person referred to in subparagraph (A)(ii) meets the
requirements of this title in connection with authorizing and implementing the blackout period, any person who is otherwise a fiduciary shall not be liable under this title for any loss occurring
during such period.
‘‘(C) For purposes of this paragraph, the term ‘blackout period’
has the meaning given such term by section 101(i)(7).’’; and
(2) by adding at the end the following:
‘‘(4)(A) In any case in which a qualified change in investment options occurs in connection with an individual account
plan, a participant or beneficiary shall not be treated for purposes of paragraph (1) as not exercising control over the assets
in his account in connection with such change if the requirements of subparagraph (C) are met in connection with such
change.
‘‘(B) For purposes of subparagraph (A), the term ‘qualified
change in investment options’ means, in connection with an
individual account plan, a change in the investment options
offered to the participant or beneficiary under the terms of
the plan, under which—
‘‘(i) the account of the participant or beneficiary is
reallocated among one or more remaining or new investment options which are offered in lieu of one or more
investment options offered immediately prior to the effective date of the change, and
‘‘(ii) the stated characteristics of the remaining or new
investment options provided under clause (i), including
characteristics relating to risk and rate of return, are,
as of immediately after the change, reasonably similar
to those of the existing investment options as of immediately before the change.
‘‘(C) The requirements of this subparagraph are met in
connection with a qualified change in investment options if—
‘‘(i) at least 30 days and no more than 60 days prior
to the effective date of the change, the plan administrator
furnishes written notice of the change to the participants

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00200

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 979

and beneficiaries, including information comparing the
existing and new investment options and an explanation
that, in the absence of affirmative investment instructions
from the participant or beneficiary to the contrary, the
account of the participant or beneficiary will be invested
in the manner described in subparagraph (B),
‘‘(ii) the participant or beneficiary has not provided
to the plan administrator, in advance of the effective date
of the change, affirmative investment instructions contrary
to the change, and
‘‘(iii) the investments under the plan of the participant
or beneficiary as in effect immediately prior to the effective
date of the change were the product of the exercise by
such participant or beneficiary of control over the assets
of the account within the meaning of paragraph (1).’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007.
(2) SPECIAL RULE FOR COLLECTIVELY BARGAINED AGREEMENTS.—In the case of a plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before
the date of the enactment of this Act, paragraph (1) shall
be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ‘‘December 31,
2007’’ the earlier of—
(A) the later of—
(i) December 31, 2008, or
(ii) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after such date of
enactment), or
(B) December 31, 2009.

29 USC 1104
note.
Applicability.

SEC. 622. INCREASE IN MAXIMUM BOND AMOUNT.

(a) IN GENERAL.—Section 412(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1112), as amended by
section 611(b), is amended by adding at the end the following:
‘‘In the case of a plan that holds employer securities (within the
meaning of section 407(d)(1)), this subsection shall be applied by
substituting ‘$1,000,000’ for ‘$500,000’ each place it appears.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to plan years beginning after December 31, 2007.

29 USC 1112
note.

SEC. 623. INCREASE IN PENALTIES FOR COERCIVE INTERFERENCE
WITH EXERCISE OF ERISA RIGHTS.

(a) IN GENERAL.—Section 511 of the Employment Retirement
Income Security Act of 1974 (29 U.S.C. 1141) is amended—
(1) by striking ‘‘$10,000’’ and inserting ‘‘$100,000’’, and
(2) by striking ‘‘one year’’ and inserting ‘‘10 years’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to violations occurring on and after the date of the
enactment of this Act.

VerDate 14-DEC-2004

14:19 Sep 05, 2006

Jkt 049139

PO 00280

Frm 00201

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

29 USC 1141
note.

APPS06

PsN: PUBL280

120 STAT. 980

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 624. TREATMENT OF INVESTMENT OF ASSETS BY PLAN WHERE
PARTICIPANT FAILS TO EXERCISE INVESTMENT ELECTION.

Applicability.

29 USC 1104
note.
Deadline.

29 USC 1104
note.
Deadline.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

(a) IN GENERAL.—Section 404(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104(c)), as amended by
section 622, is amended by adding at the end the following new
paragraph:
‘‘(5) DEFAULT INVESTMENT ARRANGEMENTS.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), a
participant in an individual account plan meeting the notice
requirements of subparagraph (B) shall be treated as exercising control over the assets in the account with respect
to the amount of contributions and earnings which, in
the absence of an investment election by the participant,
are invested by the plan in accordance with regulations
prescribed by the Secretary. The regulations under this
subparagraph shall provide guidance on the appropriateness of designating default investments that include a mix
of asset classes consistent with capital preservation or longterm capital appreciation, or a blend of both.
‘‘(B) NOTICE REQUIREMENTS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if each participant—
‘‘(I) receives, within a reasonable period of time
before each plan year, a notice explaining the
employee’s right under the plan to designate how
contributions and earnings will be invested and
explaining how, in the absence of any investment
election by the participant, such contributions and
earnings will be invested, and
‘‘(II) has a reasonable period of time after
receipt of such notice and before the beginning
of the plan year to make such designation.
‘‘(ii) FORM OF NOTICE.—The requirements of
clauses (i) and (ii) of section 401(k)(12)(D) of the
Internal Revenue Code of 1986 shall apply with respect
to the notices described in this subparagraph.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2006.
(2) REGULATIONS.—Final regulations under section
404(c)(5)(A) of the Employee Retirement Income Security Act
of 1974 (as added by this section) shall be issued no later
than 6 months after the date of the enactment of this Act.
SEC. 625. CLARIFICATION OF FIDUCIARY RULES.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor shall issue final
regulations clarifying that the selection of an annuity contract
as an optional form of distribution from an individual account
plan to a participant or beneficiary—
(1) is not subject to the safest available annuity standard
under Interpretive Bulletin 95–1 (29 CFR 2509.95–1), and
(2) is subject to all otherwise applicable fiduciary standards.
(b) EFFECTIVE DATE.—This section shall take effect on the
date of enactment of this Act.

Jkt 049139

PO 00280

Frm 00202

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 981

TITLE VII—BENEFIT ACCRUAL
STANDARDS
SEC. 701. BENEFIT ACCRUAL STANDARDS.

(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECUACT OF 1974.—
(1) RULES RELATING TO REDUCTION IN RATE OF BENEFIT
ACCRUAL.—Section 204(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1054(b)) is amended by adding
at the end the following new paragraph:
‘‘(5) SPECIAL RULES RELATING TO AGE.—
‘‘(A) COMPARISON TO SIMILARLY SITUATED YOUNGER
INDIVIDUAL.—
‘‘(i) IN GENERAL.—A plan shall not be treated as
failing to meet the requirements of paragraph (1)(H)(i)
if a participant’s accrued benefit, as determined as
of any date under the terms of the plan, would be
equal to or greater than that of any similarly situated,
younger individual who is or could be a participant.
‘‘(ii) SIMILARLY SITUATED.—For purposes of this
subparagraph, a participant is similarly situated to
any other individual if such participant is identical
to such other individual in every respect (including
period of service, compensation, position, date of hire,
work history, and any other respect) except for age.
‘‘(iii) DISREGARD OF SUBSIDIZED EARLY RETIREMENT
BENEFITS.—In determining the accrued benefit as of
any date for purposes of this clause, the subsidized
portion of any early retirement benefit or retirementtype subsidy shall be disregarded.
‘‘(iv) ACCRUED BENEFIT.—For purposes of this
subparagraph, the accrued benefit may, under the
terms of the plan, be expressed as an annuity payable
at normal retirement age, the balance of a hypothetical
account, or the current value of the accumulated
percentage of the employee’s final average compensation.
‘‘(B) APPLICABLE DEFINED BENEFIT PLANS.—
‘‘(i) INTEREST CREDITS.—
‘‘(I) IN GENERAL.—An applicable defined benefit plan shall be treated as failing to meet the
requirements of paragraph (1)(H) unless the terms
of the plan provide that any interest credit (or
an equivalent amount) for any plan year shall
be at a rate which is not greater than a market
rate of return. A plan shall not be treated as
failing to meet the requirements of this subclause
merely because the plan provides for a reasonable
minimum guaranteed rate of return or for a rate
of return that is equal to the greater of a fixed
or variable rate of return.
‘‘(II) PRESERVATION OF CAPITAL.—An interest
credit (or an equivalent amount) of less than zero
shall in no event result in the account balance
or similar amount being less than the aggregate
amount of contributions credited to the account.

RITY

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00203

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 982

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(III) MARKET RATE OF RETURN.—The Secretary of the Treasury may provide by regulation
for rules governing the calculation of a market
rate of return for purposes of subclause (I) and
for permissible methods of crediting interest to
the account (including fixed or variable interest
rates) resulting in effective rates of return meeting
the requirements of subclause (I).
‘‘(ii) SPECIAL RULE FOR PLAN CONVERSIONS.—If,
after June 29, 2005, an applicable plan amendment
is adopted, the plan shall be treated as failing to meet
the requirements of paragraph (1)(H) unless the
requirements of clause (iii) are met with respect to
each individual who was a participant in the plan
immediately before the adoption of the amendment.
‘‘(iii) RATE OF BENEFIT ACCRUAL.—Subject to clause
(iv), the requirements of this clause are met with
respect to any participant if the accrued benefit of
the participant under the terms of the plan as in
effect after the amendment is not less than the sum
of—
‘‘(I) the participant’s accrued benefit for years
of service before the effective date of the amendment, determined under the terms of the plan
as in effect before the amendment, plus
‘‘(II) the participant’s accrued benefit for years
of service after the effective date of the amendment, determined under the terms of the plan
as in effect after the amendment.
‘‘(iv) SPECIAL RULES FOR EARLY RETIREMENT SUBSIDIES.—For purposes of clause (iii)(I), the plan shall
credit the accumulation account or similar amount with
the amount of any early retirement benefit or retirement-type subsidy for the plan year in which the
participant retires if, as of such time, the participant
has met the age, years of service, and other requirements under the plan for entitlement to such benefit
or subsidy.
‘‘(v) APPLICABLE PLAN AMENDMENT.—For purposes
of this subparagraph—
‘‘(I) IN GENERAL.—The term ‘applicable plan
amendment’ means an amendment to a defined
benefit plan which has the effect of converting
the plan to an applicable defined benefit plan.
‘‘(II) SPECIAL RULE FOR COORDINATED BENEFITS.—If the benefits of 2 or more defined benefit
plans established or maintained by an employer
are coordinated in such a manner as to have the
effect of the adoption of an amendment described
in subclause (I), the sponsor of the defined benefit
plan or plans providing for such coordination shall
be treated as having adopted such a plan amendment as of the date such coordination begins.
‘‘(III) MULTIPLE AMENDMENTS.—The Secretary
of the Treasury shall issue regulations to prevent
the avoidance of the purposes of this subparagraph

Regulations.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00204

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 983

through the use of 2 or more plan amendments
rather than a single amendment.
‘‘(IV) APPLICABLE DEFINED BENEFIT PLAN.—For
purposes of this subparagraph, the term ‘applicable
defined benefit plan’ has the meaning given such
term by section 203(f)(3).
‘‘(vi) TERMINATION REQUIREMENTS.—An applicable
defined benefit plan shall not be treated as meeting
the requirements of clause (i) unless the plan provides
that, upon the termination of the plan—
‘‘(I) if the interest credit rate (or an equivalent
amount) under the plan is a variable rate, the
rate of interest used to determine accrued benefits
under the plan shall be equal to the average of
the rates of interest used under the plan during
the 5-year period ending on the termination date,
and
‘‘(II) the interest rate and mortality table used
to determine the amount of any benefit under the
plan payable in the form of an annuity payable
at normal retirement age shall be the rate and
table specified under the plan for such purpose
as of the termination date, except that if such
interest rate is a variable rate, the interest rate
shall be determined under the rules of subclause
(I).
‘‘(C) CERTAIN OFFSETS PERMITTED.—A plan shall not
be treated as failing to meet the requirements of paragraph
(1)(H)(i) solely because the plan provides offsets against
benefits under the plan to the extent such offsets are
allowable in applying the requirements of section 401(a)
of the Internal Revenue Code of 1986.
‘‘(D) PERMITTED DISPARITIES IN PLAN CONTRIBUTIONS
OR BENEFITS.—A plan shall not be treated as failing to
meet the requirements of paragraph (1)(H) solely because
the plan provides a disparity in contributions or benefits
with respect to which the requirements of section 401(l)
of the Internal Revenue Code of 1986 are met.
‘‘(E) INDEXING PERMITTED.—
‘‘(i) IN GENERAL.—A plan shall not be treated as
failing to meet the requirements of paragraph (1)(H)
solely because the plan provides for indexing of accrued
benefits under the plan.
‘‘(ii) PROTECTION AGAINST LOSS.—Except in the
case of any benefit provided in the form of a variable
annuity, clause (i) shall not apply with respect to any
indexing which results in an accrued benefit less than
the accrued benefit determined without regard to such
indexing.
‘‘(iii) INDEXING.—For purposes of this subparagraph, the term ‘indexing’ means, in connection with
an accrued benefit, the periodic adjustment of the
accrued benefit by means of the application of a recognized investment index or methodology.
‘‘(F) EARLY RETIREMENT BENEFIT OR RETIREMENT-TYPE
SUBSIDY.—For purposes of this paragraph, the terms ‘early

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00205

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 984

26 USC 411.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

retirement benefit’ and ‘retirement-type subsidy’ have the
meaning given such terms in subsection (g)(2)(A).
‘‘(G) BENEFIT ACCRUED TO DATE.—For purposes of this
paragraph, any reference to the accrued benefit shall be
a reference to such benefit accrued to date.’’.
(2) DETERMINATIONS OF ACCRUED BENEFIT AS BALANCE OF
BENEFIT ACCOUNT OR EQUIVALENT AMOUNTS.—Section 203 of
such Act (29 U.S.C. 1053) is amended by adding at the end
the following new subsection:
‘‘(f) SPECIAL RULES FOR PLANS COMPUTING ACCRUED BENEFITS
BY REFERENCE TO HYPOTHETICAL ACCOUNT BALANCE OR EQUIVALENT AMOUNTS.—
‘‘(1) IN GENERAL.—An applicable defined benefit plan shall
not be treated as failing to meet—
‘‘(A) subject to paragraph (2), the requirements of subsection (a)(2), or
‘‘(B) the requirements of section 204(c) or section 205(g)
with respect to contributions other than employee contributions,
solely because the present value of the accrued benefit (or
any portion thereof) of any participant is, under the terms
of the plan, equal to the amount expressed as the balance
in the hypothetical account described in paragraph (3) or as
an accumulated percentage of the participant’s final average
compensation.
‘‘(2) 3-YEAR VESTING.—In the case of an applicable defined
benefit plan, such plan shall be treated as meeting the requirements of subsection (a)(2) only if an employee who has completed at least 3 years of service has a nonforfeitable right
to 100 percent of the employee’s accrued benefit derived from
employer contributions.
‘‘(3) APPLICABLE DEFINED BENEFIT PLAN AND RELATED
RULES.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘applicable defined benefit
plan’ means a defined benefit plan under which the accrued
benefit (or any portion thereof) is calculated as the balance
of a hypothetical account maintained for the participant
or as an accumulated percentage of the participant’s final
average compensation.
‘‘(B) REGULATIONS TO INCLUDE SIMILAR PLANS.—The
Secretary of the Treasury shall issue regulations which
include in the definition of an applicable defined benefit
plan any defined benefit plan (or any portion of such a
plan) which has an effect similar to an applicable defined
benefit plan.’’.
(b) AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.—
(1) RULES RELATING TO REDUCTION IN RATE OF BENEFIT
ACCRUAL.—Subsection (b) of section 411 of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
‘‘(5) SPECIAL RULES RELATING TO AGE.—
‘‘(A) COMPARISON TO SIMILARLY SITUATED YOUNGER
INDIVIDUAL.—
‘‘(i) IN GENERAL.—A plan shall not be treated as
failing to meet the requirements of paragraph (1)(H)(i)
if a participant’s accrued benefit, as determined as
of any date under the terms of the plan, would be

Jkt 049139

PO 00280

Frm 00206

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 985

equal to or greater than that of any similarly situated,
younger individual who is or could be a participant.
‘‘(ii) SIMILARLY SITUATED.—For purposes of this
subparagraph, a participant is similarly situated to
any other individual if such participant is identical
to such other individual in every respect (including
period of service, compensation, position, date of hire,
work history, and any other respect) except for age.
‘‘(iii) DISREGARD OF SUBSIDIZED EARLY RETIREMENT
BENEFITS.—In determining the accrued benefit as of
any date for purposes of this clause, the subsidized
portion of any early retirement benefit or retirementtype subsidy shall be disregarded.
‘‘(iv) ACCRUED BENEFIT.—For purposes of this
subparagraph, the accrued benefit may, under the
terms of the plan, be expressed as an annuity payable
at normal retirement age, the balance of a hypothetical
account, or the current value of the accumulated
percentage of the employee’s final average compensation.
‘‘(B) APPLICABLE DEFINED BENEFIT PLANS.—
‘‘(i) INTEREST CREDITS.—
‘‘(I) IN GENERAL.—An applicable defined benefit plan shall be treated as failing to meet the
requirements of paragraph (1)(H) unless the terms
of the plan provide that any interest credit (or
an equivalent amount) for any plan year shall
be at a rate which is not greater than a market
rate of return. A plan shall not be treated as
failing to meet the requirements of this subclause
merely because the plan provides for a reasonable
minimum guaranteed rate of return or for a rate
of return that is equal to the greater of a fixed
or variable rate of return.
‘‘(II) PRESERVATION OF CAPITAL.—An interest
credit (or an equivalent amount) of less than zero
shall in no event result in the account balance
or similar amount being less than the aggregate
amount of contributions credited to the account.
‘‘(III) MARKET RATE OF RETURN.—The Secretary may provide by regulation for rules governing the calculation of a market rate of return
for purposes of subclause (I) and for permissible
methods of crediting interest to the account
(including fixed or variable interest rates) resulting
in effective rates of return meeting the requirements of subclause (I).
‘‘(ii) SPECIAL RULE FOR PLAN CONVERSIONS.—If,
after June 29, 2005, an applicable plan amendment
is adopted, the plan shall be treated as failing to meet
the requirements of paragraph (1)(H) unless the
requirements of clause (iii) are met with respect to
each individual who was a participant in the plan
immediately before the adoption of the amendment.
‘‘(iii) RATE OF BENEFIT ACCRUAL.—Subject to clause
(iv), the requirements of this clause are met with
respect to any participant if the accrued benefit of

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00207

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 986

PUBLIC LAW 109–280—AUG. 17, 2006
the participant under the terms of the plan as in
effect after the amendment is not less than the sum
of—
‘‘(I) the participant’s accrued benefit for years
of service before the effective date of the amendment, determined under the terms of the plan
as in effect before the amendment, plus
‘‘(II) the participant’s accrued benefit for years
of service after the effective date of the amendment, determined under the terms of the plan
as in effect after the amendment.
‘‘(iv) SPECIAL RULES FOR EARLY RETIREMENT SUBSIDIES.—For purposes of clause (iii)(I), the plan shall
credit the accumulation account or similar amount with
the amount of any early retirement benefit or retirement-type subsidy for the plan year in which the
participant retires if, as of such time, the participant
has met the age, years of service, and other requirements under the plan for entitlement to such benefit
or subsidy.
‘‘(v) APPLICABLE PLAN AMENDMENT.—For purposes
of this subparagraph—
‘‘(I) IN GENERAL.—The term ‘applicable plan
amendment’ means an amendment to a defined
benefit plan which has the effect of converting
the plan to an applicable defined benefit plan.
‘‘(II) SPECIAL RULE FOR COORDINATED BENEFITS.—If the benefits of 2 or more defined benefit
plans established or maintained by an employer
are coordinated in such a manner as to have the
effect of the adoption of an amendment described
in subclause (I), the sponsor of the defined benefit
plan or plans providing for such coordination shall
be treated as having adopted such a plan amendment as of the date such coordination begins.
‘‘(III) MULTIPLE AMENDMENTS.—The Secretary
shall issue regulations to prevent the avoidance
of the purposes of this subparagraph through the
use of 2 or more plan amendments rather than
a single amendment.
‘‘(IV) APPLICABLE DEFINED BENEFIT PLAN.—For
purposes of this subparagraph, the term ‘applicable
defined benefit plan’ has the meaning given such
term by section 411(a)(13).
‘‘(vi) TERMINATION REQUIREMENTS.—An applicable
defined benefit plan shall not be treated as meeting
the requirements of clause (i) unless the plan provides
that, upon the termination of the plan—
‘‘(I) if the interest credit rate (or an equivalent
amount) under the plan is a variable rate, the
rate of interest used to determine accrued benefits
under the plan shall be equal to the average of
the rates of interest used under the plan during
the 5-year period ending on the termination date,
and
‘‘(II) the interest rate and mortality table used
to determine the amount of any benefit under the

Regulations.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00208

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 987

plan payable in the form of an annuity payable
at normal retirement age shall be the rate and
table specified under the plan for such purpose
as of the termination date, except that if such
interest rate is a variable rate, the interest rate
shall be determined under the rules of subclause
(I).
‘‘(C) CERTAIN OFFSETS PERMITTED.—A plan shall not
be treated as failing to meet the requirements of paragraph
(1)(H)(i) solely because the plan provides offsets against
benefits under the plan to the extent such offsets are
allowable in applying the requirements of section 401(a).
‘‘(D) PERMITTED DISPARITIES IN PLAN CONTRIBUTIONS
OR BENEFITS.—A plan shall not be treated as failing to
meet the requirements of paragraph (1)(H) solely because
the plan provides a disparity in contributions or benefits
with respect to which the requirements of section 401(l)
are met.
‘‘(E) INDEXING PERMITTED.—
‘‘(i) IN GENERAL.—A plan shall not be treated as
failing to meet the requirements of paragraph (1)(H)
solely because the plan provides for indexing of accrued
benefits under the plan.
‘‘(ii) PROTECTION AGAINST LOSS.—Except in the
case of any benefit provided in the form of a variable
annuity, clause (i) shall not apply with respect to any
indexing which results in an accrued benefit less than
the accrued benefit determined without regard to such
indexing.
‘‘(iii) INDEXING.—For purposes of this subparagraph, the term ‘indexing’ means, in connection with
an accrued benefit, the periodic adjustment of the
accrued benefit by means of the application of a recognized investment index or methodology.
‘‘(F) EARLY RETIREMENT BENEFIT OR RETIREMENT-TYPE
SUBSIDY.—For purposes of this paragraph, the terms ‘early
retirement benefit’ and ‘retirement-type subsidy’ have the
meaning given such terms in subsection (d)(6)(B)(i).
‘‘(G) BENEFIT ACCRUED TO DATE.—For purposes of this
paragraph, any reference to the accrued benefit shall be
a reference to such benefit accrued to date.’’.
(2) DETERMINATIONS OF ACCRUED BENEFIT AS BALANCE OF
BENEFIT ACCOUNT OR EQUIVALENT AMOUNTS.—Subsection (a)
of section 411 of such Code is amended by adding at the
end the following new paragraph:
‘‘(13) SPECIAL RULES FOR PLANS COMPUTING ACCRUED BENEFITS BY REFERENCE TO HYPOTHETICAL ACCOUNT BALANCE OR
EQUIVALENT AMOUNTS.—
‘‘(A) IN GENERAL.—An applicable defined benefit plan

shall not be treated as failing to meet—
‘‘(i) subject to paragraph (2), the requirements of
subsection (a)(2), or
‘‘(ii) the requirements of subsection (c) or section
417(e) with respect to contributions other than
employee contributions,
solely because the present value of the accrued benefit
(or any portion thereof) of any participant is, under the

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00209

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 988

PUBLIC LAW 109–280—AUG. 17, 2006

terms of the plan, equal to the amount expressed as the
balance in the hypothetical account described in paragraph
(3) or as an accumulated percentage of the participant’s
final average compensation.
‘‘(B) 3-YEAR VESTING.—In the case of an applicable
defined benefit plan, such plan shall be treated as meeting
the requirements of subsection (a)(2) only if an employee
who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s accrued
benefit derived from employer contributions.
‘‘(C) APPLICABLE DEFINED BENEFIT PLAN AND RELATED
RULES.—For purposes of this subsection—
‘‘(i) IN GENERAL.—The term ‘applicable defined
benefit plan’ means a defined benefit plan under which
the accrued benefit (or any portion thereof) is calculated as the balance of a hypothetical account maintained for the participant or as an accumulated
percentage of the participant’s final average compensation.
‘‘(ii) REGULATIONS TO INCLUDE SIMILAR PLANS.—
The Secretary shall issue regulations which include
in the definition of an applicable defined benefit plan
any defined benefit plan (or any portion of such a
plan) which has an effect similar to an applicable
defined benefit plan.’’.
(c) AMENDMENTS TO AGE DISCRIMINATION IN EMPLOYMENT
ACT.—Section 4(i) of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 623(i)) is amended by adding at the end the
following new paragraph:
‘‘(10) SPECIAL RULES RELATING TO AGE.—
‘‘(A) COMPARISON TO SIMILARLY SITUATED YOUNGER
INDIVIDUAL.—
‘‘(i) IN GENERAL.—A plan shall not be treated as
failing to meet the requirements of paragraph (1) if
a participant’s accrued benefit, as determined as of
any date under the terms of the plan, would be equal
to or greater than that of any similarly situated,
younger individual who is or could be a participant.
‘‘(ii) SIMILARLY SITUATED.—For purposes of this
subparagraph, a participant is similarly situated to
any other individual if such participant is identical
to such other individual in every respect (including
period of service, compensation, position, date of hire,
work history, and any other respect) except for age.
‘‘(iii) DISREGARD OF SUBSIDIZED EARLY RETIREMENT
BENEFITS.—In determining the accrued benefit as of
any date for purposes of this clause, the subsidized
portion of any early retirement benefit or retirementtype subsidy shall be disregarded.
‘‘(iv) ACCRUED BENEFIT.—For purposes of this
subparagraph, the accrued benefit may, under the
terms of the plan, be expressed as an annuity payable
at normal retirement age, the balance of a hypothetical
account, or the current value of the accumulated
percentage of the employee’s final average compensation.
‘‘(B) APPLICABLE DEFINED BENEFIT PLANS.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00210

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 989

‘‘(i) INTEREST CREDITS.—
‘‘(I) IN GENERAL.—An applicable defined benefit plan shall be treated as failing to meet the
requirements of paragraph (1) unless the terms
of the plan provide that any interest credit (or
an equivalent amount) for any plan year shall
be at a rate which is not greater than a market
rate of return. A plan shall not be treated as
failing to meet the requirements of this subclause
merely because the plan provides for a reasonable
minimum guaranteed rate of return or for a rate
of return that is equal to the greater of a fixed
or variable rate of return.
‘‘(II) PRESERVATION OF CAPITAL.—An interest
credit (or an equivalent amount) of less than zero
shall in no event result in the account balance
or similar amount being less than the aggregate
amount of contributions credited to the account.
‘‘(III) MARKET RATE OF RETURN.—The Secretary of the Treasury may provide by regulation
for rules governing the calculation of a market
rate of return for purposes of subclause (I) and
for permissible methods of crediting interest to
the account (including fixed or variable interest
rates) resulting in effective rates of return meeting
the requirements of subclause (I).
‘‘(ii) SPECIAL RULE FOR PLAN CONVERSIONS.—If,
after June 29, 2005, an applicable plan amendment
is adopted, the plan shall be treated as failing to meet
the requirements of paragraph (1)(H) unless the
requirements of clause (iii) are met with respect to
each individual who was a participant in the plan
immediately before the adoption of the amendment.
‘‘(iii) RATE OF BENEFIT ACCRUAL.—Subject to clause
(iv), the requirements of this clause are met with
respect to any participant if the accrued benefit of
the participant under the terms of the plan as in
effect after the amendment is not less than the sum
of—
‘‘(I) the participant’s accrued benefit for years
of service before the effective date of the amendment, determined under the terms of the plan
as in effect before the amendment, plus
‘‘(II) the participant’s accrued benefit for years
of service after the effective date of the amendment, determined under the terms of the plan
as in effect after the amendment.
‘‘(iv) SPECIAL RULES FOR EARLY RETIREMENT SUBSIDIES.—For purposes of clause (iii)(I), the plan shall
credit the accumulation account or similar amount with
the amount of any early retirement benefit or retirement-type subsidy for the plan year in which the
participant retires if, as of such time, the participant
has met the age, years of service, and other requirements under the plan for entitlement to such benefit
or subsidy.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00211

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 990

‘‘(v) APPLICABLE PLAN AMENDMENT.—For purposes
of this subparagraph—
‘‘(I) IN GENERAL.—The term ‘applicable plan
amendment’ means an amendment to a defined
benefit plan which has the effect of converting
the plan to an applicable defined benefit plan.
‘‘(II) SPECIAL RULE FOR COORDINATED BENEFITS.—If the benefits of 2 or more defined benefit
plans established or maintained by an employer
are coordinated in such a manner as to have the
effect of the adoption of an amendment described
in subclause (I), the sponsor of the defined benefit
plan or plans providing for such coordination shall
be treated as having adopted such a plan amendment as of the date such coordination begins.
‘‘(III) MULTIPLE AMENDMENTS.—The Secretary
of the Treasury shall issue regulations to prevent
the avoidance of the purposes of this subparagraph
through the use of 2 or more plan amendments
rather than a single amendment.
‘‘(IV) APPLICABLE DEFINED BENEFIT PLAN.—For
purposes of this subparagraph, the term ‘applicable
defined benefit plan’ has the meaning given such
term by section 203(f)(3) of the Employee Retirement Income Security Act of 1974.
‘‘(vi) TERMINATION REQUIREMENTS.—An applicable
defined benefit plan shall not be treated as meeting
the requirements of clause (i) unless the plan provides
that, upon the termination of the plan—
‘‘(I) if the interest credit rate (or an equivalent
amount) under the plan is a variable rate, the
rate of interest used to determine accrued benefits
under the plan shall be equal to the average of
the rates of interest used under the plan during
the 5-year period ending on the termination date,
and
‘‘(II) the interest rate and mortality table used
to determine the amount of any benefit under the
plan payable in the form of an annuity payable
at normal retirement age shall be the rate and
table specified under the plan for such purpose
as of the termination date, except that if such
interest rate is a variable rate, the interest rate
shall be determined under the rules of subclause
(I).
‘‘(C) CERTAIN OFFSETS PERMITTED.—A plan shall not
be treated as failing to meet the requirements of paragraph
(1) solely because the plan provides offsets against benefits
under the plan to the extent such offsets are allowable
in applying the requirements of section 401(a) of the
Internal Revenue Code of 1986.
‘‘(D) PERMITTED DISPARITIES IN PLAN CONTRIBUTIONS
OR BENEFITS.—A plan shall not be treated as failing to
meet the requirements of paragraph (1) solely because the
plan provides a disparity in contributions or benefits with
respect to which the requirements of section 401(l) of the
Internal Revenue Code of 1986 are met.

Regulations.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00212

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 991

‘‘(E) INDEXING PERMITTED.—
‘‘(i) IN GENERAL.—A plan shall not be treated as
failing to meet the requirements of paragraph (1) solely
because the plan provides for indexing of accrued benefits under the plan.
‘‘(ii) PROTECTION AGAINST LOSS.—Except in the
case of any benefit provided in the form of a variable
annuity, clause (i) shall not apply with respect to any
indexing which results in an accrued benefit less than
the accrued benefit determined without regard to such
indexing.
‘‘(iii) INDEXING.—For purposes of this subparagraph, the term ‘indexing’ means, in connection with
an accrued benefit, the periodic adjustment of the
accrued benefit by means of the application of a recognized investment index or methodology.
‘‘(F) EARLY RETIREMENT BENEFIT OR RETIREMENT-TYPE
SUBSIDY.—For purposes of this paragraph, the terms ‘early
retirement benefit’ and ‘retirement-type subsidy’ have the
meaning given such terms in section 203(g)(2)(A) of the
Employee Retirement Income Security Act of 1974.
‘‘(G) BENEFIT ACCRUED TO DATE.—For purposes of this
paragraph, any reference to the accrued benefit shall be
a reference to such benefit accrued to date.’’.
(d) NO INFERENCE.—Nothing in the amendments made by this
section shall be construed to create an inference with respect to—
(1) the treatment of applicable defined benefit plans or
conversions to applicable defined benefit plans under sections
204(b)(1)(H) of the Employee Retirement Income Security Act
of 1974, 4(i)(1) of the Age Discrimination in Employment Act
of 1967, and 411(b)(1)(H) of the Internal Revenue Code of
1986, as in effect before such amendments, or
(2) the determination of whether an applicable defined
benefit plan fails to meet the requirements of sections 203(a)(2),
204(c), or 204(g) of the Employee Retirement Income Security
Act of 1974 or sections 411(a)(2), 411(c), or 417(e) of such
Code, as in effect before such amendments, solely because the
present value of the accrued benefit (or any portion thereof)
of any participant is, under the terms of the plan, equal to
the amount expressed as the balance in a hypothetical account
or as an accumulated percentage of the participant’s final average compensation.
For purposes of this subsection, the term ‘‘applicable defined benefit
plan’’ has the meaning given such term by section 203(f)(3) of
the Employee Retirement Income Security Act of 1974 and section
411(a)(13)(C) of such Code, as in effect after such amendments.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to periods beginning on or after June 29, 2005.
(2) PRESENT VALUE OF ACCRUED BENEFIT.—The amendments made by subsections (a)(2) and (b)(2) shall apply to
distributions made after the date of the enactment of this
Act.
(3) VESTING AND INTEREST CREDIT REQUIREMENTS.—In the
case of a plan in existence on June 29, 2005, the requirements
of clause (i) of section 411(b)(5)(B) of the Internal Revenue
Code of 1986, clause (i) of section 204(b)(5)(B) of the Employee

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00213

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 411 note.

Applicability.
26 USC 411 note.

APPS06

PsN: PUBL280

120 STAT. 992

PUBLIC LAW 109–280—AUG. 17, 2006
Retirement Income Security Act of 1974, and clause (i) of section
4(i)(10)(B) of the Age Discrimination in Employment Act of
1967 (as added by this Act) and the requirements of 203(f)(2)
of the Employee Retirement Income Security Act of 1974 and
section 411(a)(13)(B) of the Internal Revenue Code of 1986
(as so added) shall, for purposes of applying the amendments
made by subsections (a) and (b), apply to years beginning
after December 31, 2007, unless the plan sponsor elects the
application of such requirements for any period after June
29, 2005, and before the first year beginning after December
31, 2007.
(4) SPECIAL RULE FOR COLLECTIVELY BARGAINED PLANS.—
In the case of a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and
1 or more employers ratified on or before the date of the
enactment of this Act, the requirements described in paragraph
(3) shall, for purposes of applying the amendments made by
subsections (a) and (b), not apply to plan years beginning
before—
(A) the earlier of—
(i) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof on or after such date
of enactment), or
(ii) January 1, 2008, or
(B) January 1, 2010.
(5) CONVERSIONS.—The requirements of clause (ii) of section 411(b)(5)(B) of the Internal Revenue Code of 1986, clause
(ii) of section 204(b)(5)(B) of the Employee Retirement Income
Security Act of 1974, and clause (ii) of section 4(i)(10)(B) of
the Age Discrimination in Employment Act of 1967 (as added
by this Act), shall apply to plan amendments adopted after,
and taking effect after, June 29, 2005, except that the plan
sponsor may elect to have such amendments apply to plan
amendments adopted before, and taking effect after, such date.

Deadline.
26 USC 411 note.

SEC. 702. REGULATIONS RELATING TO MERGERS AND ACQUISITIONS.

The Secretary of the Treasury or his delegate shall, not later
than 12 months after the date of the enactment of this Act, prescribe
regulations for the application of the amendments made by, and
the provisions of, this title in cases where the conversion of a
plan to an applicable defined benefit plan is made with respect
to a group of employees who become employees by reason of a
merger, acquisition, or similar transaction.

TITLE VIII—PENSION RELATED
REVENUE PROVISIONS
Subtitle A—Deduction Limitations
SEC. 801. INCREASE IN DEDUCTION LIMIT FOR SINGLE-EMPLOYER
PLANS.
26 USC 404.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

(a) IN GENERAL.—Section 404 of the Internal Revenue Code
of 1986 (relating to deduction for contributions of an employer

Jkt 049139

PO 00280

Frm 00214

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 993

to an employees’ trust or annuity plan and compensation under
a deferred payment plan) is amended—
(1) in subsection (a)(1)(A), by inserting ‘‘in the case of
a defined benefit plan other than a multiemployer plan, in
an amount determined under subsection (o), and in the case
of any other plan’’ after ‘‘section 501(a),’’, and
(2) by inserting at the end the following new subsection:
‘‘(o) DEDUCTION LIMIT FOR SINGLE-EMPLOYER PLANS.—For purposes of subsection (a)(1)(A)—
‘‘(1) IN GENERAL.—In the case of a defined benefit plan
to which subsection (a)(1)(A) applies (other than a multiemployer plan), the amount determined under this subsection
for any taxable year shall be equal to the greater of—
‘‘(A) the sum of the amounts determined under paragraph (2) with respect to each plan year ending with or
within the taxable year, or
‘‘(B) the sum of the minimum required contributions
under section 430 for such plan years.
‘‘(2) DETERMINATION OF AMOUNT.—
‘‘(A) IN GENERAL.—The amount determined under this
paragraph for any plan year shall be equal to the excess
(if any) of—
‘‘(i) the sum of—
‘‘(I) the funding target for the plan year,
‘‘(II) the target normal cost for the plan year,
and
‘‘(III) the cushion amount for the plan year,
over
‘‘(ii) the value (determined under section 430(g)(2))
of the assets of the plan which are held by the plan
as of the valuation date for the plan year.
‘‘(B) SPECIAL RULE FOR CERTAIN EMPLOYERS.—If section
430(i) does not apply to a plan for a plan year, the amount
determined under subparagraph (A)(i) for the plan year
shall in no event be less than the sum of—
‘‘(i) the funding target for the plan year (determined as if section 430(i) applied to the plan), plus
‘‘(ii) the target normal cost for the plan year (as
so determined).
‘‘(3) CUSHION AMOUNT.—For purposes of paragraph
(2)(A)(i)(III)—
‘‘(A) IN GENERAL.—The cushion amount for any plan
year is the sum of—
‘‘(i) 50 percent of the funding target for the plan
year, and
‘‘(ii) the amount by which the funding target for
the plan year would increase if the plan were to take
into account—
‘‘(I) increases in compensation which are
expected to occur in succeeding plan years, or
‘‘(II) if the plan does not base benefits for
service to date on compensation, increases in benefits which are expected to occur in succeeding plan
years (determined on the basis of the average
annual increase in benefits over the 6 immediately
preceding plan years).
‘‘(B) LIMITATIONS.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00215

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 994
Applicability.

26 USC 404.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(i) IN GENERAL.—In making the computation
under subparagraph (A)(ii), the plan’s actuary shall
assume that the limitations under subsection (l) and
section 415(b) shall apply.
‘‘(ii) EXPECTED INCREASES.—In the case of a plan
year during which a plan is covered under section
4021 of the Employee Retirement Income Security Act
of 1974, the plan’s actuary may, notwithstanding subsection (l), take into account increases in the limitations which are expected to occur in succeeding plan
years.
‘‘(4) SPECIAL RULES FOR PLANS WITH 100 OR FEWER PARTICIPANTS.—
‘‘(A) IN GENERAL.—For purposes of determining the
amount under paragraph (3) for any plan year, in the
case of a plan which has 100 or fewer participants for
the plan year, the liability of the plan attributable to benefit
increases for highly compensated employees (as defined
in section 414(q)) resulting from a plan amendment which
is made or becomes effective, whichever is later, within
the last 2 years shall not be taken into account in determining the target liability.
‘‘(B) RULE FOR DETERMINING NUMBER OF PARTICIPANTS.—For purposes of determining the number of plan
participants, all defined benefit plans maintained by the
same employer (or any member of such employer’s controlled group (within the meaning of section 412(f)(4)))
shall be treated as one plan, but only participants of such
member or employer shall be taken into account.
‘‘(5) SPECIAL RULE FOR TERMINATING PLANS.—In the case
of a plan which, subject to section 4041 of the Employee Retirement Income Security Act of 1974, terminates during the plan
year, the amount determined under paragraph (2) shall in
no event be less than the amount required to make the plan
sufficient for benefit liabilities (within the meaning of section
4041(d) of such Act).
‘‘(6) ACTUARIAL ASSUMPTIONS.—Any computation under this
subsection for any plan year shall use the same actuarial
assumptions which are used for the plan year under section
430.
‘‘(7) DEFINITIONS.—Any term used in this subsection which
is also used in section 430 shall have the same meaning given
such term by section 430.’’.
(b) EXCEPTION FROM LIMITATION ON DEDUCTION WHERE COMBINATION OF DEFINED CONTRIBUTION AND DEFINED BENEFIT
PLANS.—Section 404(a)(7)(C) of such Code, as amended by this
Act, is amended by adding at the end the following new clause:
‘‘(iv) GUARANTEED PLANS.—In applying this paragraph, any single-employer plan covered under section
4021 of the Employee Retirement Income Security Act
of 1974 shall not be taken into account.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) The last sentence of section 404(a)(1)(A) of such Code
is amended by striking ‘‘section 412’’ each place it appears
and inserting ‘‘section 431’’.
(2) Section 404(a)(1)(B) of such Code is amended—

Jkt 049139

PO 00280

Frm 00216

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 995

(A) by striking ‘‘In the case of a plan’’ and inserting
‘‘In the case of a multiemployer plan’’,
(B) by striking ‘‘section 412(c)(7)’’ each place it appears
and inserting ‘‘section 431(c)(6)’’,
(C) by striking ‘‘section 412(c)(7)(B)’’ and inserting ‘‘section 431(c)(6)(A)(ii)’’,
(D) by striking ‘‘section 412(c)(7)(A)’’ and inserting ‘‘section 431(c)(6)(A)(i)’’, and
(E) by striking ‘‘section 412’’ and inserting ‘‘section
431’’.
(3) Section 404(a)(7) of such Code, as amended by this
Act, is amended—
(A) by adding at the end of subparagraph (A) the
following new sentence: ‘‘In the case of a defined benefit
plan which is a single employer plan, the amount necessary
to satisfy the minimum funding standard provided by section 412 shall not be less than the plan’s funding shortfall
determined under section 430.’’, and
(B) by striking subparagraph (D) and inserting:
‘‘(D) INSURANCE CONTRACT PLANS.—For purposes of this
paragraph, a plan described in section 412(e)(3) shall be
treated as a defined benefit plan.’’.
(4) Section 404A(g)(3)(A) of such Code is amended by
striking ‘‘paragraphs (3) and (7) of section 412(c)’’ and inserting
‘‘paragraphs (3) and (6) of section 431(c)’’.
(d) SPECIAL RULE FOR 2006 AND 2007.—
(1) IN GENERAL.—Clause (i) of section 404(a)(1)(D) of the
Internal Revenue Code of 1986 (relating to special rule in
case of certain plans) is amended by striking ‘‘section 412(l)’’
and inserting ‘‘section 412(l)(8)(A), except that section
412(l)(8)(A) shall be applied for purposes of this clause by
substituting ‘150 percent (140 percent in the case of a multiemployer plan) of current liability’ for ‘the current liability’ in
clause (i).’’.
(2) CONFORMING AMENDMENT.—Section 404(a)(1) of the
Internal Revenue Code of 1986 is amended by striking subparagraph (F).
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to years beginning after December 31, 2007.
(2) SPECIAL RULES.—The amendments made by subsection
(d) shall apply to years beginning after December 31, 2005.

26 USC 404.

Applicability.

26 USC 404 note.

SEC. 802. DEDUCTION LIMITS FOR MULTIEMPLOYER PLANS.

(a) INCREASE IN DEDUCTION.—Section 404(a)(1)(D) of the
Internal Revenue Code of 1986, as amended by this Act, is amended
to read as follows:
‘‘(D) AMOUNT DETERMINED ON BASIS OF UNFUNDED CURRENT LIABILITY.—In the case of a defined benefit plan which
is a multiemployer plan, except as provided in regulations,
the maximum amount deductible under the limitations of
this paragraph shall not be less than the excess (if any)
of—
‘‘(i) 140 percent of the current liability of the plan
determined under section 431(c)(6)(C), over

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00217

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 996

26 USC 404 note.

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(ii) the value of the plan’s assets determined
under section 431(c)(2).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to years beginning after December 31, 2007.
SEC. 803. UPDATING DEDUCTION RULES FOR COMBINATION OF PLANS.

26 USC 404.

26 USC 404 note.

(a) IN GENERAL.—Subparagraph (C) of section 404(a)(7) of the
Internal Revenue Code of 1986 (relating to limitation on deductions
where combination of defined contribution plan and defined benefit
plan) is amended by adding after clause (ii) the following new
clause:
‘‘(iii) LIMITATION.—In the case of employer contributions to 1 or more defined contribution plans,
this paragraph shall only apply to the extent that
such contributions exceed 6 percent of the compensation otherwise paid or accrued during the taxable year
to the beneficiaries under such plans. For purposes
of this clause, amounts carried over from preceding
taxable years under subparagraph (B) shall be treated
as employer contributions to 1 or more defined contributions to the extent attributable to employer contributions to such plans in such preceding taxable
years.’’.
(b) EXCEPTION FROM LIMITATION ON DEDUCTION WHERE COMBINATION OF DEFINED CONTRIBUTION AND DEFINED BENEFIT
PLANS.—Section 404(a)(7)(C) of such Code, as amended by this
Act, is amended by adding at the end the following new clause:
‘‘(v) MULTIEMPLOYER PLANS.—In applying this
paragraph, any multiemployer plan shall not be taken
into account.’’.
(c) CONFORMING AMENDMENT.—Subparagraph (A) of section
4972(c)(6) of such Code (relating to nondeductible contributions)
is amended to read as follows:
‘‘(A) so much of the contributions to 1 or more defined
contribution plans which are not deductible when contributed solely because of section 404(a)(7) as does not exceed
the amount of contributions described in section
401(m)(4)(A), or’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions for taxable years beginning after
December 31, 2005.

Subtitle B—Certain Pension Provisions
Made Permanent
26 USC 1 note.

SEC. 811. PENSIONS AND INDIVIDUAL RETIREMENT ARRANGEMENT
PROVISIONS OF ECONOMIC GROWTH AND TAX RELIEF
RECONCILIATION ACT OF 2001 MADE PERMANENT.

Title IX of the Economic Growth and Tax Relief Reconciliation
Act of 2001 shall not apply to the provisions of, and amendments
made by, subtitles A through F of title VI of such Act (relating
to pension and individual retirement arrangement provisions).

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00218

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 997

SEC. 812. SAVER’S CREDIT.

Section 25B of the Internal Revenue Code of 1986 (relating
to elective deferrals and IRA contributions by certain individuals)
is amended by striking subsection (h).

26 USC 25B.

Subtitle C—Improvements in Portability,
Distribution, and Contribution Rules
SEC. 821. CLARIFICATIONS REGARDING PURCHASE OF PERMISSIVE
SERVICE CREDIT.

(a) IN GENERAL.—Section 415(n) of the Internal Revenue Code
of 1986 (relating to special rules for the purchase of permissive
service credit) is amended—
(1) by striking ‘‘an employee’’ in paragraph (1) and inserting
‘‘a participant’’, and
(2) by adding at the end of paragraph (3)(A) the following
new flush sentence:
‘‘Such term may include service credit for periods for which
there is no performance of service, and, notwithstanding
clause (ii), may include service credited in order to provide
an increased benefit for service credit which a participant
is receiving under the plan.’’.
(b) SPECIAL RULES FOR TRUSTEE-TO-TRUSTEE TRANSFERS.—Section 415(n)(3) of such Code is amended by adding at the end
the following new subparagraph:
‘‘(D) SPECIAL RULES FOR TRUSTEE-TO-TRUSTEE TRANSFERS.—In the case of a trustee-to-trustee transfer to which
section 403(b)(13)(A) or 457(e)(17)(A) applies (without
regard to whether the transfer is made between plans
maintained by the same employer)—
‘‘(i) the limitations of subparagraph (B) shall not
apply in determining whether the transfer is for the
purchase of permissive service credit, and
‘‘(ii) the distribution rules applicable under this
title to the defined benefit governmental plan to which
any amounts are so transferred shall apply to such
amounts and any benefits attributable to such
amounts.’’.
(c) NONQUALIFIED SERVICE.—Section 415(n)(3) of such Code
is amended—
(1) by striking ‘‘permissive service credit attributable to
nonqualified service’’ each place it appears in subparagraph
(B) and inserting ‘‘nonqualified service credit’’,
(2) by striking so much of subparagraph (C) as precedes
clause (i) and inserting:
‘‘(C) NONQUALIFIED SERVICE CREDIT.—For purposes of
subparagraph (B), the term ‘nonqualified service credit’
means permissive service credit other than that allowed
with respect to—’’, and
(3) by striking ‘‘elementary or secondary education (through
grade 12), as determined under State law’’ in subparagraph
(C)(ii) and inserting ‘‘elementary or secondary education
(through grade 12), or a comparable level of education, as
determined under the applicable law of the jurisdiction in which
the service was performed’’.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00219

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

APPS06

PsN: PUBL280

120 STAT. 998

PUBLIC LAW 109–280—AUG. 17, 2006
(d) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by subsections
(a) and (c) shall take effect as if included in the amendments
made by section 1526 of the Taxpayer Relief Act of 1997.
(2) SUBSECTION (b).—The amendments made by subsection
(b) shall take effect as if included in the amendments made
by section 647 of the Economic Growth and Tax Relief Reconciliation Act of 2001.

26 USC 415 note.

SEC. 822. ALLOW ROLLOVER OF AFTER-TAX AMOUNTS IN ANNUITY
CONTRACTS.
26 USC 402.

26 USC 402 note.
Regulations.

(a) IN GENERAL.—Subparagraph (A) of section 402(c)(2)
(relating to the maximum amount which may be rolled over) is
amended—
(1) by striking ‘‘which is part of a plan which is a defined
contribution plan and which agrees to separately account’’ and
inserting ‘‘or to an annuity contract described in section 403(b)
and such trust or contract provides for separate accounting’’;
and
(2) by inserting ‘‘(and earnings thereon)’’ after ‘‘so transferred’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2006.
SEC. 823. CLARIFICATION OF MINIMUM DISTRIBUTION RULES FOR
GOVERNMENTAL PLANS.

The Secretary of the Treasury shall issue regulations under
which a governmental plan (as defined in section 414(d) of the
Internal Revenue Code of 1986) shall, for all years to which section
401(a)(9) of such Code applies to such plan, be treated as having
complied with such section 401(a)(9) if such plan complies with
a reasonable good faith interpretation of such section 401(a)(9).
SEC. 824. ALLOW DIRECT ROLLOVERS FROM RETIREMENT PLANS TO
ROTH IRAS.

26 USC 408A
and note.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

(a) IN GENERAL.—Subsection (e) of section 408A of the Internal
Revenue Code of 1986 (defining qualified rollover contribution) is
amended to read as follows:
‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.—For purposes of this
section, the term ‘qualified rollover contribution’ means a rollover
contribution—
‘‘(1) to a Roth IRA from another such account,
‘‘(2) from an eligible retirement plan, but only if—
‘‘(A) in the case of an individual retirement plan, such
rollover contribution meets the requirements of section
408(d)(3), and
‘‘(B) in the case of any eligible retirement plan (as
defined in section 402(c)(8)(B) other than clauses (i) and
(ii) thereof), such rollover contribution meets the requirements of section 402(c), 403(b)(8), or 457(e)(16), as
applicable.
For purposes of section 408(d)(3)(B), there shall be disregarded
any qualified rollover contribution from an individual retirement
plan (other than a Roth IRA) to a Roth IRA.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 408A(c)(3)(B) of such Code, as in effect before
the Tax Increase Prevention and Reconciliation Act of 2005,
is amended—

Jkt 049139

PO 00280

Frm 00220

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 999

(A) in the text by striking ‘‘individual retirement plan’’
and inserting ‘‘an eligible retirement plan (as defined by
section 402(c)(8)(B))’’, and
(B) in the heading by striking ‘‘IRA’’ the first place
it appears and inserting ‘‘ELIGIBLE RETIREMENT PLAN’’.
(2) Section 408A(d)(3) of such Code is amended—
(A) in subparagraph (A), by striking ‘‘section 408(d)(3)’’
inserting ‘‘sections 402(c), 403(b)(8), 408(d)(3), and
457(e)(16)’’,
(B) in subparagraph (B), by striking ‘‘individual retirement plan’’ and inserting ‘‘eligible retirement plan (as
defined by section 402(c)(8)(B))’’,
(C) in subparagraph (D), by inserting ‘‘or 6047’’ after
‘‘408(i)’’,
(D) in subparagraph (D), by striking ‘‘or both’’ and
inserting ‘‘persons subject to section 6047(d)(1), or all of
the foregoing persons’’, and
(E) in the heading, by striking ‘‘IRA’’ the first place
it appears and inserting ‘‘ELIGIBLE RETIREMENT PLAN’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions after December 31, 2007.
SEC. 825. ELIGIBILITY FOR PARTICIPATION IN RETIREMENT PLANS.

26 USC 408A.

26 USC 408A
note.
26 USC 457 note.

An individual shall not be precluded from participating in an
eligible deferred compensation plan by reason of having received
a distribution under section 457(e)(9) of the Internal Revenue Code
of 1986, as in effect prior to the enactment of the Small Business
Job Protection Act of 1996.
SEC. 826. MODIFICATIONS OF RULES GOVERNING HARDSHIPS AND
UNFORSEEN FINANCIAL EMERGENCIES.

26 USC 401 note.

Within 180 days after the date of the enactment of this Act,
the Secretary of the Treasury shall modify the rules for determining
whether a participant has had a hardship for purposes of section
401(k)(2)(B)(i)(IV) of the Internal Revenue Code of 1986 to provide
that if an event (including the occurrence of a medical expense)
would constitute a hardship under the plan if it occurred with
respect to the participant’s spouse or dependent (as defined in
section 152 of such Code), such event shall, to the extent permitted
under a plan, constitute a hardship if it occurs with respect to
a person who is a beneficiary under the plan with respect to
the participant. The Secretary of the Treasury shall issue similar
rules for purposes of determining whether a participant has had—
(1) a hardship for purposes of section 403(b)(11)(B) of such
Code; or
(2) an unforeseen financial emergency for purposes of sections 409A(a)(2)(A)(vi), 409A(a)(2)(B)(ii), and 457(d)(1)(A)(iii) of
such Code.

Deadline.

SEC. 827. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS
FOR INDIVIDUALS CALLED TO ACTIVE DUTY FOR AT
LEAST 179 DAYS.

(a) IN GENERAL.—Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to 10-percent additional tax on
early distributions from qualified retirement plans) is amended
by adding at the end the following new subparagraph:
‘‘(G) DISTRIBUTIONS FROM RETIREMENT PLANS TO
INDIVIDUALS CALLED TO ACTIVE DUTY.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00221

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1000

‘‘(i) IN GENERAL.—Any qualified reservist distribution.
‘‘(ii) AMOUNT DISTRIBUTED MAY BE REPAID.—Any
individual who receives a qualified reservist distribution may, at any time during the 2-year period beginning on the day after the end of the active duty period,
make one or more contributions to an individual retirement plan of such individual in an aggregate amount
not to exceed the amount of such distribution. The
dollar limitations otherwise applicable to contributions
to individual retirement plans shall not apply to any
contribution made pursuant to the preceding sentence.
No deduction shall be allowed for any contribution
pursuant to this clause.
‘‘(iii) QUALIFIED RESERVIST DISTRIBUTION.—For
purposes of this subparagraph, the term ‘qualified
reservist distribution’ means any distribution to an
individual if—
‘‘(I) such distribution is from an individual
retirement plan, or from amounts attributable to
employer contributions made pursuant to elective
deferrals described in subparagraph (A) or (C) of
section 402(g)(3) or section 501(c)(18)(D)(iii),
‘‘(II) such individual was (by reason of being
a member of a reserve component (as defined in
section 101 of title 37, United States Code))
ordered or called to active duty for a period in
excess of 179 days or for an indefinite period,
and
‘‘(III) such distribution is made during the
period beginning on the date of such order or call
and ending at the close of the active duty period.
‘‘(iv) APPLICATION OF SUBPARAGRAPH.—This
subparagraph applies to individuals ordered or called
to active duty after September 11, 2001, and before
December 31, 2007. In no event shall the 2-year period
referred to in clause (ii) end before the date which
is 2 years after the date of the enactment of this
subparagraph.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 401(k)(2)(B)(i) of such Code is amended by
striking ‘‘or’’ at the end of subclause (III), by striking ‘‘and’’
at the end of subclause (IV) and inserting ‘‘or’’, and by inserting
after subclause (IV) the following new subclause:
‘‘(V) in the case of a qualified reservist distribution (as defined in section 72(t)(2)(G)(iii)), the
date on which a period referred to in subclause
(III) of such section begins, and’’.
(2) Section 403(b)(7)(A)(ii) of such Code is amended by
inserting ‘‘(unless such amount is a distribution to which section
72(t)(2)(G) applies)’’ after ‘‘distributee’’.
(3) Section 403(b)(11) of such Code is amended by striking
‘‘or’’ at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ‘‘, or’’, and by
inserting after subparagraph (B) the following new subparagraph:

26 USC 401.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00222

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1001

‘‘(C) for distributions to which section 72(t)(2)(G)
applies.’’.
(c) EFFECTIVE DATE; WAIVER OF LIMITATIONS.—
(1) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions after September 11, 2001.
(2) WAIVER OF LIMITATIONS.—If refund or credit of any
overpayment of tax resulting from the amendments made by
this section is prevented at any time before the close of the
1-year period beginning on the date of the enactment of this
Act by the operation of any law or rule of law (including
res judicata), such refund or credit may nevertheless be made
or allowed if claim therefor is filed before the close of such
period.

26 USC 72 note.

SEC. 828. WAIVER OF 10 PERCENT EARLY WITHDRAWAL PENALTY TAX
ON CERTAIN DISTRIBUTIONS OF PENSION PLANS FOR
PUBLIC SAFETY EMPLOYEES.

(a) IN GENERAL.—Section 72(t) of the Internal Revenue Code
of 1986 (relating to subsection not to apply to certain distributions)
is amended by adding at the end the following new paragraph:
‘‘(10) DISTRIBUTIONS TO QUALIFIED PUBLIC SAFETY
EMPLOYEES IN GOVERNMENTAL PLANS.—
‘‘(A) IN GENERAL.—In the case of a distribution to a
qualified public safety employee from a governmental plan
(within the meaning of section 414(d)) which is a defined
benefit plan, paragraph (2)(A)(v) shall be applied by substituting ‘age 50’ for ‘age 55’.
‘‘(B) QUALIFIED PUBLIC SAFETY EMPLOYEE.—For purposes of this paragraph, the term ‘qualified public safety
employee’ means any employee of a State or political subdivision of a State who provides police protection, firefighting services, or emergency medical services for any
area within the jurisdiction of such State or political subdivision.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions after the date of the enactment of
this Act.

26 USC 72.

26 USC 72 note.

SEC. 829. ALLOW ROLLOVERS BY NONSPOUSE BENEFICIARIES OF CERTAIN RETIREMENT PLAN DISTRIBUTIONS.

(a) IN GENERAL.—
(1) QUALIFIED PLANS.—Section 402(c) of the Internal Revenue Code of 1986 (relating to rollovers from exempt trusts)
is amended by adding at the end the following new paragraph:
‘‘(11) DISTRIBUTIONS TO INHERITED INDIVIDUAL RETIREMENT
PLAN OF NONSPOUSE BENEFICIARY.—
‘‘(A) IN GENERAL.—If, with respect to any portion of
a distribution from an eligible retirement plan of a deceased
employee, a direct trustee-to-trustee transfer is made to
an individual retirement plan described in clause (i) or
(ii) of paragraph (8)(B) established for the purposes of
receiving the distribution on behalf of an individual who
is a designated beneficiary (as defined by section
401(a)(9)(E)) of the employee and who is not the surviving
spouse of the employee—
‘‘(i) the transfer shall be treated as an eligible
rollover distribution for purposes of this subsection,

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00223

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1002

Applicability.

26 USC 403.

26 USC 402 note.
26 USC 408 note.

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(ii) the individual retirement plan shall be treated
as an inherited individual retirement account or individual retirement annuity (within the meaning of section 408(d)(3)(C)) for purposes of this title, and
‘‘(iii) section 401(a)(9)(B) (other than clause (iv)
thereof) shall apply to such plan.
‘‘(B) CERTAIN TRUSTS TREATED AS BENEFICIARIES.—For
purposes of this paragraph, to the extent provided in rules
prescribed by the Secretary, a trust maintained for the
benefit of one or more designated beneficiaries shall be
treated in the same manner as a trust designated beneficiary.’’.
(2) SECTION 403(a) PLANS.—Subparagraph (B) of section
403(a)(4) of such Code (relating to rollover amounts) is amended
by inserting ‘‘and (11)’’ after ‘‘(7)’’.
(3) SECTION 403(b) PLANS.—Subparagraph (B) of section
403(b)(8) of such Code (relating to rollover amounts) is amended
by striking ‘‘and (9)’’ and inserting ‘‘, (9), and (11)’’.
(4) SECTION 457 PLANS.—Subparagraph (B) of section
457(e)(16) of such Code (relating to rollover amounts) is
amended by striking ‘‘and (9)’’ and inserting ‘‘, (9), and (11)’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions after December 31, 2006.
SEC. 830. DIRECT PAYMENT OF TAX REFUNDS TO INDIVIDUAL RETIREMENT PLANS.

(a) IN GENERAL.—The Secretary of the Treasury (or the Secretary’s delegate) shall make available a form (or modify existing
forms) for use by individuals to direct that a portion of any refund
of overpayment of tax imposed by chapter 1 of the Internal Revenue
Code of 1986 be paid directly to an individual retirement plan
(as defined in section 7701(a)(37) of such Code) of such individual.
(b) EFFECTIVE DATE.—The form required by subsection (a) shall
be made available for taxable years beginning after December 31,
2006.
SEC. 831. ALLOWANCE OF ADDITIONAL IRA PAYMENTS IN CERTAIN
BANKRUPTCY CASES.

(a) ALLOWANCE OF CONTRIBUTIONS.—Section 219(b)(5) of the
Internal Revenue Code of 1986 (relating to deductible amount)
is amended by redesignating subparagraph (C) as subparagraph
(D) and by inserting after subparagraph (B) the following new
subparagraph:
‘‘(C) CATCHUP CONTRIBUTIONS FOR CERTAIN INDIVIDUALS.—
‘‘(i) IN GENERAL.—In the case of an applicable individual who elects to make a qualified retirement contribution in addition to the deductible amount determined under subparagraph (A)—
‘‘(I) the deductible amount for any taxable year
shall be increased by an amount equal to 3 times
the applicable amount determined under subparagraph (B) for such taxable year, and
‘‘(II) subparagraph (B) shall not apply.
‘‘(ii) APPLICABLE INDIVIDUAL.—For purposes of this
subparagraph, the term ‘applicable individual’ means,
with respect to any taxable year, any individual who
was a qualified participant in a qualified cash or

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00224

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1003

deferred arrangement (as defined in section 401(k))
of an employer described in clause (iii) under which
the employer matched at least 50 percent of the
employee’s contributions to such arrangement with
stock of such employer.
‘‘(iii) EMPLOYER DESCRIBED.—An employer is
described in this clause if, in any taxable year preceding the taxable year described in clause (ii)—
‘‘(I) such employer (or any controlling corporation of such employer) was a debtor in a case
under title 11 of the United States Code, or similar
Federal or State law, and
‘‘(II) such employer (or any other person) was
subject to an indictment or conviction resulting
from business transactions related to such case.
‘‘(iv) QUALIFIED PARTICIPANT.—For purposes of
clause (ii), the term ‘qualified participant’ means any
applicable individual who was a participant in the
cash or deferred arrangement described in such clause
on the date that is 6 months before the filing of the
case described in clause (iii).
‘‘(v) TERMINATION.—This subparagraph shall not
apply to taxable years beginning after December 31,
2009.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.

26 USC 219 note.

SEC. 832. DETERMINATION OF AVERAGE COMPENSATION FOR SECTION
415 LIMITS.

(a) IN GENERAL.—Section 415(b)(3) of the Internal Revenue
Code of 1986 is amended by striking ‘‘both was an active participant
in the plan and’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to years beginning after December 31, 2005.

26 USC 415.
26 USC 415 note.

SEC. 833. INFLATION INDEXING OF GROSS INCOME LIMITATIONS ON
CERTAIN RETIREMENT SAVINGS INCENTIVES.

(a) SAVER’S CREDIT.—Subsection (b) of section 25B of the
Internal Revenue Code of 1986 is amended to read as follows:
‘‘(b) APPLICABLE PERCENTAGE.—For purposes of this section—
‘‘(1) JOINT RETURNS.—In the case of a joint return, the
applicable percentage is—
‘‘(A) if the adjusted gross income of the taxpayer is
not over $30,000, 50 percent,
‘‘(B) if the adjusted gross income of the taxpayer is
over $30,000 but not over $32,500, 20 percent,
‘‘(C) if the adjusted gross income of the taxpayer is
over $32,500 but not over $50,000, 10 percent, and
‘‘(D) if the adjusted gross income of the taxpayer is
over $50,000, zero percent.
‘‘(2) OTHER RETURNS.—In the case of—
‘‘(A) a head of household, the applicable percentage
shall be determined under paragraph (1) except that such
paragraph shall be applied by substituting for each dollar
amount therein (as adjusted under paragraph (3)) a dollar
amount equal to 75 percent of such dollar amount, and

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00225

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1004
Applicability.

26 USC 219.

26 USC 25B note.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(B) any taxpayer not described in paragraph (1) or
subparagraph (A), the applicable percentage shall be determined under paragraph (1) except that such paragraph
shall be applied by substituting for each dollar amount
therein (as adjusted under paragraph (3)) a dollar amount
equal to 50 percent of such dollar amount.
‘‘(3) INFLATION ADJUSTMENT.—In the case of any taxable
year beginning in a calendar year after 2006, each of the
dollar amounts in paragraph (1) shall be increased by an
amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2005’ for ‘calendar year 1992’ in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall
be rounded to the nearest multiple of $500.’’.
(b) DEDUCTION OF RETIREMENT CONTRIBUTIONS FOR ACTIVE
PARTICIPANTS.—Section 219(g) of such Code is amended by adding
at the end the following new paragraph:
‘‘(8) INFLATION ADJUSTMENT.—In the case of any taxable
year beginning in a calendar year after 2006, the dollar amount
in the last row of the table contained in paragraph (3)(B)(i),
the dollar amount in the last row of the table contained in
paragraph (3)(B)(ii), and the dollar amount contained in paragraph (7)(A), shall each be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2005’ for ‘calendar year 1992’ in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall
be rounded to the nearest multiple of $1,000.’’.
(c) CONTRIBUTION LIMITATION FOR ROTH IRAS.—Section
408A(c)(3) of such Code is amended by adding at the end the
following new subparagraph:
‘‘(C) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 2006, the
dollar amounts in subclauses (I) and (II) of subparagraph
(C)(ii) shall each be increased by an amount equal to—
‘‘(i) such dollar amount, multiplied by
‘‘(ii) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
‘calendar year 2005’ for ‘calendar year 1992’ in
subparagraph (B) thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of $1,000.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after 2006.

Jkt 049139

PO 00280

Frm 00226

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1005

Subtitle D—Health and Medical Benefits
SEC. 841. USE OF EXCESS PENSION ASSETS FOR FUTURE RETIREE
HEALTH BENEFITS AND COLLECTIVELY BARGAINED
RETIREE HEALTH BENEFITS.

(a) IN GENERAL.—Section 420 of the Internal Revenue Code
of 1986 (relating to transfers of excess pension assets to retiree
health accounts) is amended by adding at the end the following
new subsection:
‘‘(f) QUALIFIED TRANSFERS TO COVER FUTURE RETIREE HEALTH
COSTS AND COLLECTIVELY BARGAINED RETIREE HEALTH BENEFITS.—
‘‘(1) IN GENERAL.—An employer maintaining a defined benefit plan (other than a multiemployer plan) may, in lieu of
a qualified transfer, elect for any taxable year to have the
plan make—
‘‘(A) a qualified future transfer, or
‘‘(B) a collectively bargained transfer.
Except as provided in this subsection, a qualified future transfer
and a collectively bargained transfer shall be treated for purposes of this title and the Employee Retirement Income Security
Act of 1974 as if it were a qualified transfer.
‘‘(2) QUALIFIED FUTURE AND COLLECTIVELY BARGAINED
TRANSFERS.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The terms ‘qualified future transfer’
and ‘collectively bargained transfer’ mean a transfer which
meets all of the requirements for a qualified transfer,
except that—
‘‘(i) the determination of excess pension assets
shall be made under subparagraph (B),
‘‘(ii) the limitation on the amount transferred shall
be determined under subparagraph (C),
‘‘(iii) the minimum cost requirements of subsection
(c)(3) shall be modified as provided under subparagraph (D), and
‘‘(iv) in the case of a collectively bargained transfer,
the requirements of subparagraph (E) shall be met
with respect to the transfer.
‘‘(B) EXCESS PENSION ASSETS.—
‘‘(i) IN GENERAL.—In determining excess pension
assets for purposes of this subsection, subsection (e)(2)
shall be applied by substituting ‘120 percent’ for ‘125
percent’.
‘‘(ii) REQUIREMENT TO MAINTAIN FUNDED STATUS.—
If, as of any valuation date of any plan year in the
transfer period, the amount determined under subsection (e)(2)(B) (after application of clause (i)) exceeds
the amount determined under subsection (e)(2)(A),
either—
‘‘(I) the employer maintaining the plan shall
make contributions to the plan in an amount not
less than the amount required to reduce such
excess to zero as of such date, or
‘‘(II) there is transferred from the health benefits account to the plan an amount not less than
the amount required to reduce such excess to zero
as of such date.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00227

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 420.

APPS06

PsN: PUBL280

120 STAT. 1006

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(C) LIMITATION ON AMOUNT TRANSFERRED.—Notwithstanding subsection (b)(3), the amount of the excess pension
assets which may be transferred—
‘‘(i) in the case of a qualified future transfer shall
be equal to the sum of—
‘‘(I) if the transfer period includes the taxable
year of the transfer, the amount determined under
subsection (b)(3) for such taxable year, plus
‘‘(II) in the case of all other taxable years
in the transfer period, the sum of the qualified
current retiree health liabilities which the plan
reasonably estimates, in accordance with guidance
issued by the Secretary, will be incurred for each
of such years, and
‘‘(ii) in the case of a collectively bargained transfer,
shall not exceed the amount which is reasonably estimated, in accordance with the provisions of the collective bargaining agreement and generally accepted
accounting principles, to be the amount the employer
maintaining the plan will pay (whether directly or
through reimbursement) out of such account during
the collectively bargained cost maintenance period for
collectively bargained retiree health liabilities.
‘‘(D) MINIMUM COST REQUIREMENTS.—
‘‘(i) IN GENERAL.—The requirements of subsection
(c)(3) shall be treated as met if—
‘‘(I) in the case of a qualified future transfer,
each group health plan or arrangement under
which applicable health benefits are provided provides applicable health benefits during the period
beginning with the first year of the transfer period
and ending with the last day of the 4th year following the transfer period such that the annual
average amount of such the applicable employer
cost during such period is not less than the
applicable employer cost determined under subsection (c)(3)(A) with respect to the transfer, and
‘‘(II) in the case of a collectively bargained
transfer, each collectively bargained group health
plan under which collectively bargained health
benefits are provided provides that the collectively
bargained employer cost for each taxable year
during the collectively bargained cost maintenance
period shall not be less than the amount specified
by the collective bargaining agreement.
‘‘(ii) ELECTION TO MAINTAIN BENEFITS FOR FUTURE
TRANSFERS.—An employer may elect, in lieu of the
requirements of clause (i)(I), to meet the requirements
of subsection (c)(3) by meeting the requirements of
such subsection (as in effect before the amendments
made by section 535 of the Tax Relief Extension Act
of 1999) for each of the years described in the period
under clause (i)(I).
‘‘(iii) COLLECTIVELY BARGAINED EMPLOYER COST.—
For purposes of this subparagraph, the term ‘collectively bargained employer cost’ means the average cost

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00228

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1007

per covered individual of providing collectively bargained retiree health benefits as determined in accordance with the applicable collective bargaining agreement. Such agreement may provide for an appropriate
reduction in the collectively bargained employer cost
to take into account any portion of the collectively
bargained retiree health benefits that is provided or
financed by a government program or other source.
‘‘(E) SPECIAL RULES FOR COLLECTIVELY BARGAINED
TRANSFERS.—
‘‘(i) IN GENERAL.—A collectively bargained transfer
shall only include a transfer which—
‘‘(I) is made in accordance with a collective
bargaining agreement,
‘‘(II) before the transfer, the employer designates, in a written notice delivered to each
employee organization that is a party to the collective bargaining agreement, as a collectively bargained transfer in accordance with this section,
and
‘‘(III) involves a plan maintained by an
employer which, in its taxable year ending in 2005,
provided health benefits or coverage to retirees
and their spouses and dependents under all of
the benefit plans maintained by the employer, but
only if the aggregate cost (including administrative
expenses) of such benefits or coverage which would
have been allowable as a deduction to the employer
(if such benefits or coverage had been provided
directly by the employer and the employer used
the cash receipts and disbursements method of
accounting) is at least 5 percent of the gross
receipts of the employer (determined in accordance
with the last sentence of subsection (c)(2)(E)(ii)(II))
for such taxable year, or a plan maintained by
a successor to such employer.
‘‘(ii) USE OF ASSETS.—Any assets transferred to
a health benefits account in a collectively bargained
transfer (and any income allocable thereto) shall be
used only to pay collectively bargained retiree health
liabilities (other than liabilities of key employees not
taken into account under paragraph (6)(B)(iii)) for the
taxable year of the transfer or for any subsequent
taxable year during the collectively bargained cost
maintenance period (whether directly or through
reimbursement).
‘‘(3) COORDINATION WITH OTHER TRANSFERS.—In applying
subsection (b)(3) to any subsequent transfer during a taxable
year in a transfer period or collectively bargained cost maintenance period, qualified current retiree health liabilities shall
be reduced by any such liabilities taken into account with
respect to the qualified future transfer or collectively bargained
transfer to which such period relates.
‘‘(4) SPECIAL DEDUCTION RULES FOR COLLECTIVELY BARGAINED TRANSFERS.—In the case of a collectively bargained
transfer—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00229

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1008

‘‘(A) the limitation under subsection (d)(1)(C) shall not
apply, and
‘‘(B) notwithstanding subsection (d)(2), an employer
may contribute an amount to a health benefits account
or welfare benefit fund (as defined in section 419(e)(1))
with respect to collectively bargained retiree health liabilities for which transferred assets are required to be used
under subsection (c)(1)(B), and the deductibility of any
such contribution shall be governed by the limits applicable
to the deductibility of contributions to a welfare benefit
fund under a collective bargaining agreement (as determined under section 419A(f)(5)(A)) without regard to
whether such contributions are made to a health benefits
account or welfare benefit fund and without regard to
the provisions of section 404 or the other provisions of
this section.
The Secretary shall provide rules to ensure that the application
of this paragraph does not result in a deduction being allowed
more than once for the same contribution or for 2 or more
contributions or expenditures relating to the same collectively
bargained retiree health liabilities.
‘‘(5) TRANSFER PERIOD.—For purposes of this subsection,
the term ‘transfer period’ means, with respect to any transfer,
a period of consecutive taxable years (not less than 2) specified
in the election under paragraph (1) which begins and ends
during the 10-taxable-year period beginning with the taxable
year of the transfer.
‘‘(6) TERMS RELATING TO COLLECTIVELY BARGAINED TRANSFERS.—For purposes of this subsection—
‘‘(A) COLLECTIVELY BARGAINED COST MAINTENANCE
PERIOD.—The term ‘collectively bargained cost maintenance
period’ means, with respect to each covered retiree and
his covered spouse and dependents, the shorter of—
‘‘(i) the remaining lifetime of such covered retiree
and his covered spouse and dependents, or
‘‘(ii) the period of coverage provided by the collectively bargained health plan (determined as of the
date of the collectively bargained transfer) with respect
to such covered retiree and his covered spouse and
dependents.
‘‘(B) COLLECTIVELY BARGAINED RETIREE HEALTH LIABILITIES.—
‘‘(i) IN GENERAL.—The term ‘collectively bargained
retiree health liabilities’ means the present value, as
of the beginning of a taxable year and determined
in accordance with the applicable collective bargaining
agreement, of all collectively bargained health benefits
(including administrative expenses) for such taxable
year and all subsequent taxable years during the collectively bargained cost maintenance period.
‘‘(ii) REDUCTION FOR AMOUNTS PREVIOUSLY SET
ASIDE.—The amount determined under clause (i) shall
be reduced by the value (as of the close of the plan
year preceding the year of the collectively bargained
transfer) of the assets in all health benefits accounts
or welfare benefit funds (as defined in section 419(e)(1))

Rules.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00230

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1009

set aside to pay for the collectively bargained retiree
health liabilities.
‘‘(iii) KEY EMPLOYEES EXCLUDED.—If an employee
is a key employee (within the meaning of section
416(I)(1)) with respect to any plan year ending in a
taxable year, such employee shall not be taken into
account in computing collectively bargained retiree
health liabilities for such taxable year or in calculating
collectively bargained employer cost under subsection
(c)(3)(C).
‘‘(C) COLLECTIVELY BARGAINED HEALTH BENEFITS.—The
term ‘collectively bargained health benefits’ means health
benefits or coverage which are provided to—
‘‘(i) retired employees who, immediately before the
collectively bargained transfer, are entitled to receive
such benefits upon retirement and who are entitled
to pension benefits under the plan, and their spouses
and dependents, and
‘‘(ii) if specified by the provisions of the collective
bargaining agreement governing the collectively bargained transfer, active employees who, following their
retirement, are entitled to receive such benefits and
who are entitled to pension benefits under the plan,
and their spouses and dependents.
‘‘(D) COLLECTIVELY BARGAINED HEALTH PLAN.—The
term ‘collectively bargained health plan’ means a group
health plan or arrangement for retired employees and their
spouses and dependents that is maintained pursuant to
1 or more collective bargaining agreements.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to transfers after the date of the enactment of this
Act.

26 USC 420 note.

SEC. 842. TRANSFER OF EXCESS PENSION ASSETS TO MULTIEMPLOYER
HEALTH PLAN.

(a) IN GENERAL.—Section 420 of the Internal Revenue Code
of 1986 is amended—
(1) by striking ‘‘(other than a multiemployer plan)’’ in subsection (a), and
(2) by adding at the end of subsection (e) the following
new paragraph:
‘‘(5) APPLICATION TO MULTIEMPLOYER PLANS.—In the case
of a multiemployer plan, this section shall be applied to any
such plan—
‘‘(A) by treating any reference in this section to an
employer as a reference to all employers maintaining the
plan (or, if appropriate, the plan sponsor), and
‘‘(B) in accordance with such modifications of this section (and the provisions of this title relating to this section)
as the Secretary determines appropriate to reflect the fact
the plan is not maintained by a single employer.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to transfers made in taxable years beginning after
December 31, 2006.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00231

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 420.

26 USC 420 note.

APPS06

PsN: PUBL280

120 STAT. 1010

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 843. ALLOWANCE OF RESERVE FOR MEDICAL BENEFITS OF PLANS
SPONSORED BY BONA FIDE ASSOCIATIONS.
26 USC 419A.

26 USC 419A
note.

(a) IN GENERAL.—Section 419A(c) of the Internal Revenue Code
of 1986 (relating to account limit) is amended by adding at the
end the following new paragraph:
‘‘(6) ADDITIONAL RESERVE FOR MEDICAL BENEFITS OF BONA
FIDE ASSOCIATION PLANS.—
‘‘(A) IN GENERAL.—An applicable account limit for any
taxable year may include a reserve in an amount not
to exceed 35 percent of the sum of—
‘‘(i) the qualified direct costs, and
‘‘(ii) the change in claims incurred but unpaid,
for such taxable year with respect to medical benefits (other
than post-retirement medical benefits).
‘‘(B) APPLICABLE ACCOUNT LIMIT.—For purposes of this
subsection, the term ‘applicable account limit’ means an
account limit for a qualified asset account with respect
to medical benefits provided through a plan maintained
by a bona fide association (as defined in section 2791(d)(3)
of the Public Health Service Act (42 U.S.C. 300gg–
91(d)(3)).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 844. TREATMENT OF ANNUITY AND LIFE INSURANCE CONTRACTS
WITH A LONG-TERM CARE INSURANCE FEATURE.

(a) EXCLUSION FROM GROSS INCOME.—Subsection (e) of section
72 of the Internal Revenue Code of 1986 (relating to amounts
not received as annuities) is amended by redesignating paragraph
(11) as paragraph (12) and by inserting after paragraph (10) the
following new paragraph:
‘‘(11) SPECIAL RULES FOR CERTAIN COMBINATION CONTRACTS
PROVIDING LONG-TERM CARE INSURANCE.—Notwithstanding
paragraphs (2), (5)(C), and (10), in the case of any charge
against the cash value of an annuity contract or the cash
surrender value of a life insurance contract made as payment
for coverage under a qualified long-term care insurance contract
which is part of or a rider on such annuity or life insurance
contract—
‘‘(A) the investment in the contract shall be reduced
(but not below zero) by such charge, and
‘‘(B) such charge shall not be includible in gross
income.’’.
(b) TAX-FREE EXCHANGES AMONG CERTAIN INSURANCE POLICIES.—
(1) ANNUITY CONTRACTS CAN INCLUDE QUALIFIED LONGTERM CARE INSURANCE RIDERS.—Paragraph (2) of section
1035(b) of such Code is amended by adding at the end the
following new sentence: ‘‘For purposes of the preceding sentence, a contract shall not fail to be treated as an annuity
contract solely because a qualified long-term care insurance
contract is a part of or a rider on such contract.’’.
(2) LIFE INSURANCE CONTRACTS CAN INCLUDE QUALIFIED
LONG-TERM CARE INSURANCE RIDERS.—Paragraph (3) of section
1035(b) of such Code is amended by adding at the end the
following new sentence: ‘‘For purposes of the preceding sentence, a contract shall not fail to be treated as a life insurance

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00232

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1011

contract solely because a qualified long-term care insurance
contract is a part of or a rider on such contract.’’.
(3) EXPANSION OF TAX-FREE EXCHANGES OF LIFE INSURANCE,
ENDOWMENT, AND ANNUITY CONTRACTS FOR LONG-TERM CARE
CONTRACTS.—Subsection (a) of section 1035 of such Code
(relating to certain exchanges of insurance policies) is
amended—
(A) in paragraph (1) by inserting ‘‘or for a qualified
long-term care insurance contract’’ before the semicolon
at the end,
(B) in paragraph (2) by inserting ‘‘, or (C) for a qualified
long-term care insurance contract’’ before the semicolon
at the end, and
(C) in paragraph (3) by inserting ‘‘or for a qualified
long-term care insurance contract’’ before the period at
the end.
(4) TAX-FREE EXCHANGES OF QUALIFIED LONG-TERM CARE
INSURANCE CONTRACT.—Subsection (a) of section 1035 of such
Code (relating to certain exchanges of insurance policies) is
amended by striking ‘‘or’’ at the end of paragraph (2), by
striking the period at the end of paragraph (3) and inserting
‘‘; or’’, and by inserting after paragraph (3) the following new
paragraph:
‘‘(4) a qualified long-term care insurance contract for a
qualified long-term care insurance contract.’’.
(c) TREATMENT OF COVERAGE PROVIDED AS PART OF A LIFE
INSURANCE OR ANNUITY CONTRACT.—Subsection (e) of section 7702B
of such Code (relating to treatment of qualified long-term care
insurance) is amended to read as follows:
‘‘(e) TREATMENT OF COVERAGE PROVIDED AS PART OF A LIFE
INSURANCE OR ANNUITY CONTRACT.—Except as otherwise provided
in regulations prescribed by the Secretary, in the case of any
long-term care insurance coverage (whether or not qualified) provided by a rider on or as part of a life insurance contract or
an annuity contract—
‘‘(1) IN GENERAL.—This title shall apply as if the portion
of the contract providing such coverage is a separate contract.
‘‘(2) DENIAL OF DEDUCTION UNDER SECTION 213.—No deduction shall be allowed under section 213(a) for any payment
made for coverage under a qualified long-term care insurance
contract if such payment is made as a charge against the
cash surrender value of a life insurance contract or the cash
value of an annuity contract.
‘‘(3) PORTION DEFINED.—For purposes of this subsection,
the term ‘portion’ means only the terms and benefits under
a life insurance contract or annuity contract that are in addition
to the terms and benefits under the contract without regard
to long-term care insurance coverage.
‘‘(4) ANNUITY CONTRACTS TO WHICH PARAGRAPH (1) DOES
NOT APPLY.—For purposes of this subsection, none of the following shall be treated as an annuity contract:
‘‘(A) A trust described in section 401(a) which is exempt
from tax under section 501(a).
‘‘(B) A contract—
‘‘(i) purchased by a trust described in subparagraph (A),

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00233

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 1035.

Regulations.

Applicability.

APPS06

PsN: PUBL280

120 STAT. 1012

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(ii) purchased as part of a plan described in section 403(a),
‘‘(iii) described in section 403(b),
‘‘(iv) provided for employees of a life insurance
company under a plan described in section 818(a)(3),
or
‘‘(v) from an individual retirement account or an
individual retirement annuity.
‘‘(C) A contract purchased by an employer for the benefit of the employee (or the employee’s spouse).
Any dividend described in section 404(k) which is received
by a participant or beneficiary shall, for purposes of this paragraph, be treated as paid under a separate contract to which
subparagraph (B)(i) applies.’’.
(d) INFORMATION REPORTING.—
(1) Subpart B of part III of subchapter A of chapter 61
of such Code (relating to information concerning transactions
with other persons) is amended by adding at the end the
following new section:

26 USC 6050U.

‘‘SEC. 6050U. CHARGES OR PAYMENTS FOR QUALIFIED LONG-TERM
CARE INSURANCE CONTRACTS UNDER COMBINED
ARRANGEMENTS.

Regulations.

‘‘(a) REQUIREMENT OF REPORTING.—Any person who makes a
charge against the cash value of an annuity contract, or the cash
surrender value of a life insurance contract, which is excludible
from gross income under section 72(e)(11) shall make a return,
according to the forms or regulations prescribed by the Secretary,
setting forth—
‘‘(1) the amount of the aggregate of such charges against
each such contract for the calendar year,
‘‘(2) the amount of the reduction in the investment in
each such contract by reason of such charges, and
‘‘(3) the name, address, and TIN of the individual who
is the holder of each such contract.
‘‘(b) STATEMENTS TO BE FURNISHED TO PERSONS WITH RESPECT
TO WHOM INFORMATION IS REQUIRED.—Every person required to
make a return under subsection (a) shall furnish to each individual
whose name is required to be set forth in such return a written
statement showing—
‘‘(1) the name, address, and phone number of the information contact of the person making the payments, and
‘‘(2) the information required to be shown on the return
with respect to such individual.
The written statement required under the preceding sentence shall
be furnished to the individual on or before January 31 of the
year following the calendar year for which the return under subsection (a) was required to be made.’’.
(2) PENALTY FOR FAILURE TO FILE.—
(A) RETURN.—Subparagraph (B) of section 6724(d)(1)
of such Code is amended by striking ‘‘or’’ at the end of
clause (xvii), by striking ‘‘and’’ at the end of clause (xviii)
and inserting ‘‘or’’, and by adding at the end the following
new clause:
‘‘(xix) section 6050U (relating to charges or payments for qualified long-term care insurance contracts
under combined arrangements), and’’.

Deadline.

26 USC 6724.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00234

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1013

(B) STATEMENT.—Paragraph (2) of section 6724(d) of
such Code is amended by striking ‘‘or’’ at the end of
subparagraph (AA), by striking the period at the end of
subparagraph (BB), and by inserting after subparagraph
(BB) the following new subparagraph:
‘‘(CC) section 6050U (relating to charges or payments
for qualified long-term care insurance contracts under combined arrangements).’’.
(3) CLERICAL AMENDMENT.—The table of sections for subpart B of part III of subchapter A of such chapter 61 of such
Code is amended by adding at the end the following new
item:

26 USC 6724.

‘‘Sec. 6050U. Charges or payments for qualified long-term care insurance contracts
under combined arrangements.’’.

(e) TREATMENT OF POLICY ACQUISITION EXPENSES.—Subsection
(e) of section 848 of such Code (relating to classification of contracts)
is amended by adding at the end the following new paragraph:
‘‘(6) TREATMENT OF CERTAIN QUALIFIED LONG-TERM CARE
INSURANCE CONTRACT ARRANGEMENTS.—An annuity or life
insurance contract which includes a qualified long-term care
insurance contract as a part of or a rider on such annuity
or life insurance contract shall be treated as a specified insurance contract not described in subparagraph (A) or (B) of subsection (c)(1).’’.
(f) TECHNICAL AMENDMENT.—Paragraph (1) of section 7702B(e)
of such Code (as in effect before amendment by subsection (c))
is amended by striking ‘‘section’’ and inserting ‘‘title’’.
(g) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to
contracts issued after December 31, 1996, but only with respect
to taxable years beginning after December 31, 2009.
(2) TAX-FREE EXCHANGES.—The amendments made by subsection (b) shall apply with respect to exchanges occurring
after December 31, 2009.
(3) INFORMATION REPORTING.—The amendments made by
subsection (d) shall apply to charges made after December
31, 2009.
(4) POLICY ACQUISITION EXPENSES.—The amendment made
by subsection (e) shall apply to specified policy acquisition
expenses determined for taxable years beginning after
December 31, 2009.
(5) TECHNICAL AMENDMENT.—The amendment made by
subsection (f) shall take effect as if included in section 321(a)
of the Health Insurance Portability and Accountability Act of
1996.

Applicability.
26 USC 72 note.

SEC. 845. DISTRIBUTIONS FROM GOVERNMENTAL RETIREMENT PLANS
FOR HEALTH AND LONG-TERM CARE INSURANCE FOR
PUBLIC SAFETY OFFICERS.

(a) IN GENERAL.—Section 402 of the Internal Revenue Code
of 1986 (relating to taxability of beneficiary of employees’ trust)
is amended by adding at the end the following new subsection:
‘‘(l) DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH
AND LONG-TERM CARE INSURANCE.—
‘‘(1) IN GENERAL.—In the case of an employee who is an
eligible retired public safety officer who makes the election

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00235

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1014

PUBLIC LAW 109–280—AUG. 17, 2006
described in paragraph (6) with respect to any taxable year
of such employee, gross income of such employee for such
taxable year does not include any distribution from an eligible
retirement plan to the extent that the aggregate amount of
such distributions does not exceed the amount paid by such
employee for qualified health insurance premiums of the
employee, his spouse, or dependents (as defined in section 152)
for such taxable year.
‘‘(2) LIMITATION.—The amount which may be excluded from
gross income for the taxable year by reason of paragraph (1)
shall not exceed $3,000.
‘‘(3) DISTRIBUTIONS MUST OTHERWISE BE INCLUDIBLE.—
‘‘(A) IN GENERAL.—An amount shall be treated as a
distribution for purposes of paragraph (1) only to the extent
that such amount would be includible in gross income
without regard to paragraph (1).
‘‘(B) APPLICATION OF SECTION 72.—Notwithstanding
section 72, in determining the extent to which an amount
is treated as a distribution for purposes of subparagraph
(A), the aggregate amounts distributed from an eligible
retirement plan in a taxable year (up to the amount
excluded under paragraph (1)) shall be treated as includible
in gross income (without regard to subparagraph (A)) to
the extent that such amount does not exceed the aggregate
amount which would have been so includible if all amounts
distributed from all eligible retirement plans were treated
as 1 contract for purposes of determining the inclusion
of such distribution under section 72. Proper adjustments
shall be made in applying section 72 to other distributions
in such taxable year and subsequent taxable years.
‘‘(4) DEFINITIONS.—For purposes of this subsection—
‘‘(A) ELIGIBLE RETIREMENT PLAN.—For purposes of
paragraph (1), the term ‘eligible retirement plan’ means
a governmental plan (within the meaning of section 414(d))
which is described in clause (iii), (iv), (v), or (vi) of subsection (c)(8)(B).
‘‘(B) ELIGIBLE RETIRED PUBLIC SAFETY OFFICER.—The
term ‘eligible retired public safety officer’ means an individual who, by reason of disability or attainment of normal
retirement age, is separated from service as a public safety
officer with the employer who maintains the eligible retirement plan from which distributions subject to paragraph
(1) are made.
‘‘(C) PUBLIC SAFETY OFFICER.—The term ‘public safety
officer’ shall have the same meaning given such term by
section 1204(9)(A) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b(9)(A)).
‘‘(D) QUALIFIED HEALTH INSURANCE PREMIUMS.—The
term ‘qualified health insurance premiums’ means premiums for coverage for the eligible retired public safety
officer, his spouse, and dependents, by an accident or health
insurance plan or qualified long-term care insurance contract (as defined in section 7702B(b)).
‘‘(5) SPECIAL RULES.—For purposes of this subsection—
‘‘(A) DIRECT PAYMENT TO INSURER REQUIRED.—Paragraph (1) shall only apply to a distribution if payment
of the premiums is made directly to the provider of the

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00236

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1015

accident or health insurance plan or qualified long-term
care insurance contract by deduction from a distribution
from the eligible retirement plan.
‘‘(B) RELATED PLANS TREATED AS 1.—All eligible retirement plans of an employer shall be treated as a single
plan.
‘‘(6) ELECTION DESCRIBED.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), an
election is described in this paragraph if the election is
made by an employee after separation from service with
respect to amounts not distributed from an eligible retirement plan to have amounts from such plan distributed
in order to pay for qualified health insurance premiums.
‘‘(B) SPECIAL RULE.—A plan shall not be treated as
violating the requirements of section 401, or as engaging
in a prohibited transaction for purposes of section 503(b),
merely because it provides for an election with respect
to amounts that are otherwise distributable under the plan
or merely because of a distribution made pursuant to an
election described in subparagraph (A).
‘‘(7) COORDINATION WITH MEDICAL EXPENSE DEDUCTION.—
The amounts excluded from gross income under paragraph
(1) shall not be taken into account under section 213.
‘‘(8) COORDINATION WITH DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.—The amounts
excluded from gross income under paragraph (1) shall not be
taken into account under section 162(l).’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 403(a) of such Code (relating to taxability of
beneficiary under a qualified annuity plan) is amended by
inserting after paragraph (1) the following new paragraph:
‘‘(2) SPECIAL RULE FOR HEALTH AND LONG-TERM CARE INSURANCE.—To the extent provided in section 402(l), paragraph
(1) shall not apply to the amount distributed under the contract
which is otherwise includible in gross income under this subsection.’’.
(2) Section 403(b) of such Code (relating to taxability of
beneficiary under annuity purchased by section 501(c)(3)
organization or public school) is amended by inserting after
paragraph (1) the following new paragraph:
‘‘(2) SPECIAL RULE FOR HEALTH AND LONG-TERM CARE INSURANCE.—To the extent provided in section 402(l), paragraph
(1) shall not apply to the amount distributed under the contract
which is otherwise includible in gross income under this subsection.’’.
(3) Section 457(a) of such Code (relating to year of inclusion
in gross income) is amended by adding at the end the following
new paragraph:
‘‘(3) SPECIAL RULE FOR HEALTH AND LONG-TERM CARE INSURANCE.—In the case of a plan of an eligible employer described
in subsection (e)(1)(A), to the extent provided in section 402(l),
paragraph (1) shall not apply to amounts otherwise includible
in gross income under this subsection.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions in taxable years beginning after
December 31, 2006.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00237

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 403.

26 USC 402 note.

APPS06

PsN: PUBL280

120 STAT. 1016

PUBLIC LAW 109–280—AUG. 17, 2006

Subtitle E—United States Tax Court
Modernization
SEC. 851. COST-OF-LIVING ADJUSTMENTS FOR TAX COURT JUDICIAL
SURVIVOR ANNUITIES.
26 USC 7448.

26 USC 7448
note.

(a) IN GENERAL.—Subsection (s) of section 7448 of the Internal
Revenue Code of 1986 (relating to annuities to surviving spouses
and dependent children of judges) is amended to read as follows:
‘‘(s) INCREASES IN SURVIVOR ANNUITIES.—Each time that an
increase is made under section 8340(b) of title 5, United States
Code, in annuities payable under subchapter III of chapter 83
of that title, each annuity payable from the survivors annuity
fund under this section shall be increased at the same time by
the same percentage by which annuities are increased under such
section 8340(b).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply with respect to increases made under section 8340(b)
of title 5, United States Code, in annuities payable under subchapter
III of chapter 83 of that title, taking effect after the date of the
enactment of this Act.
SEC. 852. COST OF LIFE INSURANCE COVERAGE FOR TAX COURT
JUDGES AGE 65 OR OVER.

Section 7472 of the Internal Revenue Code of 1986 (relating
to expenditures) is amended by inserting after the first sentence
the following new sentence: ‘‘Notwithstanding any other provision
of law, the Tax Court is authorized to pay on behalf of its judges,
age 65 or over, any increase in the cost of Federal Employees’
Group Life Insurance imposed after the date of the enactment
of the Pension Protection Act of 2006, including any expenses generated by such payments, as authorized by the chief judge in
a manner consistent with such payments authorized by the Judicial
Conference of the United States pursuant to section 604(a)(5) of
title 28, United States Code.’’.
SEC. 853. PARTICIPATION OF TAX COURT JUDGES IN THE THRIFT
SAVINGS PLAN.

(a) IN GENERAL.—Section 7447 of the Internal Revenue Code
of 1986 (relating to retirement of judges) is amended by adding
at the end the following new subsection:
‘‘(j) THRIFT SAVINGS PLAN.—
‘‘(1) ELECTION TO CONTRIBUTE.—
‘‘(A) IN GENERAL.—A judge of the Tax Court may elect
to contribute to the Thrift Savings Fund established by
section 8437 of title 5, United States Code.
‘‘(B) PERIOD OF ELECTION.—An election may be made
under this paragraph only during a period provided under
section 8432(b) of title 5, United States Code, for individuals subject to chapter 84 of such title.
‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.—Except as
otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of title 5, United States
Code, shall apply with respect to a judge who makes an election
under paragraph (1).
‘‘(3) SPECIAL RULES.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00238

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1017

‘‘(A) AMOUNT CONTRIBUTED.—The amount contributed
by a judge to the Thrift Savings Fund in any pay period
shall not exceed the maximum percentage of such judge’s
basic pay for such period as allowable under section 8440f
of title 5, United States Code. Basic pay does not include
any retired pay paid pursuant to this section.
‘‘(B) CONTRIBUTIONS FOR BENEFIT OF JUDGE.—No contributions may be made for the benefit of a judge under
section 8432(c) of title 5, United States Code.
‘‘(C) APPLICABILITY OF SECTION 8433(b) OF TITLE 5
WHETHER OR NOT JUDGE RETIRES.—Section 8433(b) of title
5, United States Code, applies with respect to a judge
who makes an election under paragraph (1) and who
either—
‘‘(i) retires under subsection (b), or
‘‘(ii) ceases to serve as a judge of the Tax Court
but does not retire under subsection (b).
Retirement under subsection (b) is a separation from
service for purposes of subchapters III and VII of chapter
84 of that title.
‘‘(D) APPLICABILITY OF SECTION 8351(b)(5) OF TITLE 5.—
The provisions of section 8351(b)(5) of title 5, United States
Code, shall apply with respect to a judge who makes an
election under paragraph (1).
‘‘(E) EXCEPTION.—Notwithstanding subparagraph (C),
if any judge retires under this section, or resigns without
having met the age and service requirements set forth
under subsection (b)(2), and such judge’s nonforfeitable
account balance is less than an amount that the Executive
Director of the Federal Retirement Thrift Investment Board
prescribes by regulation, the Executive Director shall pay
the nonforfeitable account balance to the participant in
a single payment.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act, except
that United States Tax Court judges may only begin to participate
in the Thrift Savings Plan at the next open season beginning
after such date.

Regulations.

26 USC 7447
note.

SEC. 854. ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT CHILDREN OF SPECIAL TRIAL JUDGES OF THE TAX COURT.

(a) DEFINITIONS.—Section 7448(a) of the Internal Revenue Code
of 1986 (relating to definitions), as amended by this Act, is amended
by redesignating paragraphs (5), (6), (7), and (8) as paragraphs
(7), (8), (9), and (10), respectively, and by inserting after paragraph
(4) the following new paragraphs:
‘‘(5) The term ‘special trial judge’ means a judicial officer
appointed pursuant to section 7443A, including any individual
receiving an annuity under chapter 83 or 84 of title 5, United
States Code, whether or not performing judicial duties under
section 7443B.
‘‘(6) The term ‘special trial judge’s salary’ means the salary
of a special trial judge received under section 7443A(d), any
amount received as an annuity under chapter 83 or 84 of
title 5, United States Code, and compensation received under
section 7443B.’’.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00239

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1018
26 USC 7448.

Deadline.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

(b) ELECTION.—Subsection (b) of section 7448 of such Code
(relating to annuities to surviving spouses and dependent children
of judges) is amended—
(1) by striking the subsection heading and inserting the
following:
‘‘(b) ELECTION.—
‘‘(1) JUDGES.—’’,
(2) by moving the text 2 ems to the right, and
(3) by adding at the end the following new paragraph:
‘‘(2) SPECIAL TRIAL JUDGES.—Any special trial judge may
by written election filed with the chief judge bring himself
or herself within the purview of this section. Such election
shall be filed not later than the later of 6 months after—
‘‘(A) 6 months after the date of the enactment of this
paragraph,
‘‘(B) the date the judge takes office, or
‘‘(C) the date the judge marries.’’.
(c) CONFORMING AMENDMENTS.—
(1) The heading of section 7448 of such Code is amended
by inserting ‘‘AND SPECIAL TRIAL JUDGES’’ after ‘‘JUDGES’’.
(2) The item relating to section 7448 in the table of sections
for part I of subchapter C of chapter 76 of such Code is amended
by inserting ‘‘and special trial judges’’ after ‘‘judges’’.
(3) Subsections (c)(1), (d), (f), (g), (h), (j), (m), (n), and
(u) of section 7448 of such Code, as amended by this Act,
are each amended—
(A) by inserting ‘‘or special trial judge’’ after ‘‘judge’’
each place it appears other than in the phrase ‘‘chief judge’’,
and
(B) by inserting ‘‘or special trial judge’s’’ after ‘‘judge’s’’
each place it appears.
(4) Section 7448(c) of such Code is amended—
(A) in paragraph (1), by striking ‘‘Tax Court judges’’
and inserting ‘‘Tax Court judicial officers’’, and
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘and section
7443A(d)’’ after ‘‘(a)(4)’’, and
(ii) in subparagraph (B), by striking ‘‘subsection
(a)(4)’’ and inserting ‘‘subsection (a)(4) and (a)(6)’’.
(5) Section 7448(j)(1) of such Code is amended—
(A) in subparagraph (A), by striking ‘‘service or retired’’
and inserting ‘‘service, retired’’, and by inserting ‘‘, or
receiving any annuity under chapter 83 or 84 of title 5,
United States Code,’’ after ‘‘section 7447’’, and
(B) in the last sentence, by striking ‘‘subsections (a)
(6) and (7)’’ and inserting ‘‘paragraphs (8) and (9) of subsection (a)’’.
(6) Section 7448(m)(1) of such Code, as amended by this
Act, is amended by inserting ‘‘or any annuity under chapter
83 or 84 of title 5, United States Code’’ after ‘‘7447(d)’’.
(7) Section 7448(n) of such Code is amended by inserting
‘‘his years of service pursuant to any appointment under section
7443A,’’ after ‘‘of the Tax Court,’’.
(8) Section 3121(b)(5)(E) of such Code is amended by
inserting ‘‘or special trial judge’’ before ‘‘of the United States
Tax Court’’.

Jkt 049139

PO 00280

Frm 00240

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1019

(9) Section 210(a)(5)(E) of the Social Security Act is
amended by inserting ‘‘or special trial judge’’ before ‘‘of the
United States Tax Court’’.

42 USC 410.

SEC. 855. JURISDICTION OF TAX COURT OVER COLLECTION DUE
PROCESS CASES.

(a) IN GENERAL.—Paragraph (1) of section 6330(d) of the
Internal Revenue Code of 1986 (relating to proceeding after hearing)
is amended to read as follows:
‘‘(1) JUDICIAL REVIEW OF DETERMINATION.—The person may,
within 30 days of a determination under this section, appeal
such determination to the Tax Court (and the Tax Court shall
have jurisdiction with respect to such matter).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to determinations made after the date which is 60
days after the date of the enactment of this Act.

Deadline.

SEC. 856. PROVISIONS FOR RECALL.

(a) IN GENERAL.—Part I of subchapter C of chapter 76 of
the Internal Revenue Code of 1986 is amended by inserting after
section 7443A the following new section:
‘‘SEC. 7443B. RECALL OF SPECIAL TRIAL JUDGES OF THE TAX COURT.

26 USC 7443B.

‘‘(a) RECALLING OF RETIRED SPECIAL TRIAL JUDGES.—Any individual who has retired pursuant to the applicable provisions of
title 5, United States Code, upon reaching the age and service
requirements established therein, may at or after retirement be
called upon by the chief judge of the Tax Court to perform such
judicial duties with the Tax Court as may be requested of such
individual for any period or periods specified by the chief judge;
except that in the case of any such individual—
‘‘(1) the aggregate of such periods in any 1 calendar year
shall not (without such individual’s consent) exceed 90 calendar
days, and
‘‘(2) such individual shall be relieved of performing such
duties during any period in which illness or disability precludes
the performance of such duties.
Any act, or failure to act, by an individual performing judicial
duties pursuant to this subsection shall have the same force and
effect as if it were the act (or failure to act) of a special trial
judge of the Tax Court.
‘‘(b) COMPENSATION.—For the year in which a period of recall
occurs, the special trial judge shall receive, in addition to the
annuity provided under the applicable provisions of title 5, United
States Code, an amount equal to the difference between that
annuity and the current salary of the office to which the special
trial judge is recalled.
‘‘(c) RULEMAKING AUTHORITY.—The provisions of this section
may be implemented under such rules as may be promulgated
by the Tax Court.’’.
(b) CONFORMING AMENDMENT.—The table of sections for part
I of subchapter C of chapter 76 of such Code is amended by
inserting after the item relating to section 7443A the following
new item:
‘‘Sec. 7443B. Recall of special trial judges of the Tax Court.’’.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00241

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1020

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 857. AUTHORITY FOR SPECIAL TRIAL JUDGES TO HEAR AND
DECIDE CERTAIN EMPLOYMENT STATUS CASES.
26 USC 7443A.

26 USC 7443A.

(a) IN GENERAL.—Section 7443A(b) of the Internal Revenue
Code of 1986 (relating to proceedings which may be assigned to
special trial judges) is amended by striking ‘‘and’’ at the end of
paragraph (4), by redesignating paragraph (5) as paragraph (6),
and by inserting after paragraph (4) the following new paragraph:
‘‘(5) any proceeding under section 7436(c), and’’.
(b) CONFORMING AMENDMENT.—Section 7443A(c) of such Code
is amended by striking ‘‘or (4)’’ and inserting ‘‘(4), or (5)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to any proceeding under section 7436(c) of the Internal
Revenue Code of 1986 with respect to which a decision has not
become final (as determined under section 7481 of such Code)
before the date of the enactment of this Act.
SEC. 858. CONFIRMATION OF AUTHORITY OF TAX COURT TO APPLY
DOCTRINE OF EQUITABLE RECOUPMENT.

26 USC 6214
note.

(a) CONFIRMATION OF AUTHORITY OF TAX COURT TO APPLY
DOCTRINE OF EQUITABLE RECOUPMENT.—Section 6214(b) of the
Internal Revenue Code of 1986 (relating to jurisdiction over other
years and quarters) is amended by adding at the end the following
new sentence: ‘‘Notwithstanding the preceding sentence, the Tax
Court may apply the doctrine of equitable recoupment to the same
extent that it is available in civil tax cases before the district
courts of the United States and the United States Court of Federal
Claims.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to any action or proceeding in the United States Tax
Court with respect to which a decision has not become final (as
determined under section 7481 of the Internal Revenue Code of
1986) as of the date of the enactment of this Act.
SEC. 859. TAX COURT FILING FEE IN ALL CASES COMMENCED BY
FILING PETITION.

26 USC 7451
note.

(a) IN GENERAL.—Section 7451 of the Internal Revenue Code
of 1986 (relating to fee for filing a Tax Court petition) is amended
by striking all that follows ‘‘petition’’ and inserting a period.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 860. EXPANDED USE OF TAX COURT PRACTICE FEE FOR PRO
SE TAXPAYERS.

26 USC 7475
note.

(a) IN GENERAL.—Section 7475(b) of the Internal Revenue Code
of 1986 (relating to use of fees) is amended by inserting before
the period at the end ‘‘and to provide services to pro se taxpayers’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act.

Subtitle F—Other Provisions
SEC. 861. EXTENSION TO ALL GOVERNMENTAL PLANS OF CURRENT
MORATORIUM ON APPLICATION OF CERTAIN NONDISCRIMINATION RULES APPLICABLE TO STATE AND
LOCAL PLANS.

(a) IN GENERAL.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00242

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1021

(1) Subparagraph (G) of section 401(a)(5) and subparagraph
(G) of section 401(a)(26) of the Internal Revenue Code of 1986
are each amended by striking ‘‘section 414(d))’’ and all that
follows and inserting ‘‘section 414(d)).’’.
(2) Subparagraph (G) of section 401(k)(3) of such Code
and paragraph (2) of section 1505(d) of the Taxpayer Relief
Act of 1997 (Public Law 105–34; 111 Stat. 1063) are each
amended by striking ‘‘maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof)’’.
(b) CONFORMING AMENDMENTS.—
(1) The heading of subparagraph (G) of section 401(a)(5)
of the Internal Revenue Code of 1986 is amended by striking
‘‘STATE AND LOCAL GOVERNMENTAL’’ and inserting ‘‘GOVERNMENTAL’’.
(2) The heading of subparagraph (G) of section 401(a)(26)
of such Code is amended by striking ‘‘EXCEPTION FOR STATE
AND LOCAL’’ and inserting ‘‘EXCEPTION FOR’’.
(3) Section 401(k)(3)(G) of such Code is amended by
inserting ‘‘GOVERNMENTAL PLAN.—’’ after ‘‘(G)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to any year beginning after the date of the enactment
of this Act.

26 USC 401.

26 USC 401 and
note.

SEC. 862. ELIMINATION OF AGGREGATE LIMIT FOR USAGE OF EXCESS
FUNDS FROM BLACK LUNG DISABILITY TRUSTS.

(a) IN GENERAL.—So much of section 501(c)(21)(C) of the
Internal Revenue Code of 1986 (relating to black lung disability
trusts) as precedes the last sentence is amended to read as follows:
‘‘(C) Payments described in subparagraph (A)(i)(IV)
may be made from such trust during a taxable year only
to the extent that the aggregate amount of such payments
during such taxable year does not exceed the excess (if
any), as of the close of the preceding taxable year, of—
‘‘(i) the fair market value of the assets of the
trust, over
‘‘(ii) 110 percent of the present value of the liability
described in subparagraph (A)(i)(I) of such person.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.

26 USC 501 note.

SEC. 863. TREATMENT OF DEATH BENEFITS FROM CORPORATE-OWNED
LIFE INSURANCE.

(a) IN GENERAL.—Section 101 of the Internal Revenue Code
of 1986 (relating to certain death benefits) is amended by adding
at the end the following new subsection:
‘‘(j) TREATMENT OF CERTAIN EMPLOYER-OWNED LIFE INSURANCE
CONTRACTS.—
‘‘(1) GENERAL RULE.—In the case of an employer-owned
life insurance contract, the amount excluded from gross income
of an applicable policyholder by reason of paragraph (1) of
subsection (a) shall not exceed an amount equal to the sum
of the premiums and other amounts paid by the policyholder
for the contract.
‘‘(2) EXCEPTIONS.—In the case of an employer-owned life
insurance contract with respect to which the notice and consent
requirements of paragraph (4) are met, paragraph (1) shall
not apply to any of the following:

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00243

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1022

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(A) EXCEPTIONS BASED ON INSURED’S STATUS.—Any
amount received by reason of the death of an insured
who, with respect to an applicable policyholder—
‘‘(i) was an employee at any time during the 12month period before the insured’s death, or
‘‘(ii) is, at the time the contract is issued—
‘‘(I) a director,
‘‘(II) a highly compensated employee within
the meaning of section 414(q) (without regard to
paragraph (1)(B)(ii) thereof), or
‘‘(III) a highly compensated individual within
the meaning of section 105(h)(5), except that ‘35
percent’ shall be substituted for ‘25 percent’ in
subparagraph (C) thereof.
‘‘(B) EXCEPTION FOR AMOUNTS PAID TO INSURED’S
HEIRS.—Any amount received by reason of the death of
an insured to the extent—
‘‘(i) the amount is paid to a member of the family
(within the meaning of section 267(c)(4)) of the insured,
any individual who is the designated beneficiary of
the insured under the contract (other than the
applicable policyholder), a trust established for the benefit of any such member of the family or designated
beneficiary, or the estate of the insured, or
‘‘(ii) the amount is used to purchase an equity
(or capital or profits) interest in the applicable policyholder from any person described in clause (i).
‘‘(3) EMPLOYER-OWNED LIFE INSURANCE CONTRACT.—
‘‘(A) IN GENERAL.—For purposes of this subsection, the
term ‘employer-owned life insurance contract’ means a life
insurance contract which—
‘‘(i) is owned by a person engaged in a trade or
business and under which such person (or a related
person described in subparagraph (B)(ii)) is directly
or indirectly a beneficiary under the contract, and
‘‘(ii) covers the life of an insured who is an
employee with respect to the trade or business of the
applicable policyholder on the date the contract is
issued.
For purposes of the preceding sentence, if coverage for
each insured under a master contract is treated as a separate contract for purposes of sections 817(h), 7702, and
7702A, coverage for each such insured shall be treated
as a separate contract.
‘‘(B) APPLICABLE POLICYHOLDER.—For purposes of this
subsection—
‘‘(i) IN GENERAL.—The term ‘applicable policyholder’ means, with respect to any employer-owned
life insurance contract, the person described in
subparagraph (A)(i) which owns the contract.
‘‘(ii) RELATED PERSONS.—The term ‘applicable
policyholder’ includes any person which—
‘‘(I) bears a relationship to the person
described in clause (i) which is specified in section
267(b) or 707(b)(1), or
‘‘(II) is engaged in trades or businesses with
such person which are under common control

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00244

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1023

(within the meaning of subsection (a) or (b) of
section 52).
‘‘(4) NOTICE AND CONSENT REQUIREMENTS.—The notice and
consent requirements of this paragraph are met if, before the
issuance of the contract, the employee—
‘‘(A) is notified in writing that the applicable policyholder intends to insure the employee’s life and the maximum face amount for which the employee could be insured
at the time the contract was issued,
‘‘(B) provides written consent to being insured under
the contract and that such coverage may continue after
the insured terminates employment, and
‘‘(C) is informed in writing that an applicable policyholder will be a beneficiary of any proceeds payable upon
the death of the employee.
‘‘(5) DEFINITIONS.—For purposes of this subsection—
‘‘(A) EMPLOYEE.—The term ‘employee’ includes an
officer, director, and highly compensated employee (within
the meaning of section 414(q)).
‘‘(B) INSURED.—The term ‘insured’ means, with respect
to an employer-owned life insurance contract, an individual
covered by the contract who is a United States citizen
or resident. In the case of a contract covering the joint
lives of 2 individuals, references to an insured include
both of the individuals.’’.
(b) REPORTING REQUIREMENTS.—Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986
(relating to information concerning persons subject to special provisions) is amended by inserting after section 6039H the following
new section:

VerDate 14-DEC-2004

‘‘SEC. 6039I. RETURNS AND RECORDS WITH RESPECT TO EMPLOYEROWNED LIFE INSURANCE CONTRACTS.

26 USC 6039I.

‘‘(a) IN GENERAL.—Every applicable policyholder owning 1 or
more employer-owned life insurance contracts issued after the date
of the enactment of this section shall file a return (at such time
and in such manner as the Secretary shall by regulations prescribe)
showing for each year such contracts are owned—
‘‘(1) the number of employees of the applicable policyholder
at the end of the year,
‘‘(2) the number of such employees insured under such
contracts at the end of the year,
‘‘(3) the total amount of insurance in force at the end
of the year under such contracts,
‘‘(4) the name, address, and taxpayer identification number
of the applicable policyholder and the type of business in which
the policyholder is engaged, and
‘‘(5) that the applicable policyholder has a valid consent
for each insured employee (or, if all such consents are not
obtained, the number of insured employees for whom such
consent was not obtained).
‘‘(b) RECORDKEEPING REQUIREMENT.—Each applicable policyholder owning 1 or more employer-owned life insurance contracts
during any year shall keep such records as may be necessary
for purposes of determining whether the requirements of this section
and section 101(j) are met.

Regulations.

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00245

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1024

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(c) DEFINITIONS.—Any term used in this section which is used
in section 101(j) shall have the same meaning given such term
by section 101(j).’’.
(c) CONFORMING AMENDMENTS.—
(1) Paragraph (1) of section 101(a) of the Internal Revenue
Code of 1986 is amended by striking ‘‘and subsection (f)’’ and
inserting ‘‘subsection (f), and subsection (j)’’.
(2) The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting
after the item relating to section 6039H the following new
item:

26 USC 101.

‘‘Sec. 6039I. Returns and records with respect to employer-owned life insurance
contracts.’’.
Applicability.
26 USC 101 note.

(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to life insurance contracts issued after the date of
the enactment of this Act, except for a contract issued after such
date pursuant to an exchange described in section 1035 of the
Internal Revenue Code of 1986 for a contract issued on or prior
to that date. For purposes of the preceding sentence, any material
increase in the death benefit or other material change shall cause
the contract to be treated as a new contract except that, in the
case of a master contract (within the meaning of section 264(f)(4)(E)
of such Code), the addition of covered lives shall be treated as
a new contract only with respect to such additional covered lives.
SEC. 864. TREATMENT OF TEST ROOM SUPERVISORS AND PROCTORS
WHO ASSIST IN THE ADMINISTRATION OF COLLEGE
ENTRANCE AND PLACEMENT EXAMS.

26 USC 3401
note.

Applicability.

26 USC 3401
note.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

(a) IN GENERAL.—Section 530 of the Revenue Reconciliation
Act of 1978 is amended by adding at the end the following new
subsection:
‘‘(f) TREATMENT OF TEST ROOM SUPERVISORS AND PROCTORS
WHO ASSIST IN THE ADMINISTRATION OF COLLEGE ENTRANCE AND
PLACEMENT EXAMS.—
‘‘(1) IN GENERAL.—In the case of an individual described
in paragraph (2) who is providing services as a test proctor
or room supervisor by assisting in the administration of college
entrance or placement examinations, this section shall be
applied to such services performed after December 31, 2006
(and remuneration paid for such services) without regard to
subsection (a)(3) thereof.
‘‘(2) APPLICABILITY.—An individual is described in this
paragraph if the individual—
‘‘(A) is providing the services described in subsection
(a) to an organization described in section 501(c), and
exempt from tax under section 501(a), of the Internal Revenue Code of 1986, and
‘‘(B) is not otherwise treated as an employee of such
organization for purposes of subtitle C of such Code
(relating to employment taxes).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to remuneration for services performed after December
31, 2006.

Jkt 049139

PO 00280

Frm 00246

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1025

SEC. 865. GRANDFATHER RULE FOR CHURCH PLANS WHICH SELFANNUITIZE.

26 USC 401 note.

(a) IN GENERAL.—In the case of any plan year ending after
the date of the enactment of this Act, annuity payments provided
with respect to any account maintained for a participant or beneficiary under a qualified church plan shall not fail to satisfy the
requirements of section 401(a)(9) of the Internal Revenue Code
of 1986 merely because the payments are not made under an
annuity contract purchased from an insurance company if such
payments would not fail such requirements if provided with respect
to a retirement income account described in section 403(b)(9) of
such Code.
(b) QUALIFIED CHURCH PLAN.—For purposes of this section,
the term ‘‘qualified church plan’’ means any money purchase pension plan described in section 401(a) of such Code which—
(1) is a church plan (as defined in section 414(e) of such
Code) with respect to which the election provided by section
410(d) of such Code has not been made, and
(2) was in existence on April 17, 2002.
SEC. 866. EXEMPTION FOR INCOME FROM LEVERAGED REAL ESTATE
HELD BY CHURCH PLANS.

(a) IN GENERAL.—Section 514(c)(9)(C) of the Internal Revenue
Code of 1986 is amended by striking ‘‘or’’ after clause (ii), by
striking the period at the end of clause (iii) and inserting ‘‘; or’’,
and by inserting after clause (iii) the following:
‘‘(iv) a retirement income account described in section 403(b)(9).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to taxable years beginning on or after the date of
enactment of this Act.

26 USC 514.

26 USC 514 note.

SEC. 867. CHURCH PLAN RULE.

(a) IN GENERAL.—Paragraph (11) of section 415(b) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ‘‘Subparagraph (B) of paragraph (1) shall not apply
to a plan maintained by an organization described in section
3121(w)(3)(A) except with respect to highly compensated benefits.
For purposes of this paragraph, the term ‘highly compensated benefits’ means any benefits accrued for an employee in any year on
or after the first year in which such employee is a highly compensated employee (as defined in section 414(q)) of the organization
described in section 3121(w)(3)(A). For purposes of applying paragraph (1)(B) to highly compensated benefits, all benefits of the
employee otherwise taken into account (without regard to this paragraph) shall be taken into account.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to years beginning after December 31, 2006.

26 USC 415 note.

SEC. 868. GRATUITOUS TRANSFER FOR BENEFITS OF EMPLOYEES.

(a) IN GENERAL.—Subparagraph (E) of section 664(g)(3) of the
Internal Revenue Code of 1986 is amended by inserting ‘‘(determined on the basis of fair market value of securities when allocated
to participants)’’ after ‘‘paragraph (7)’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00247

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 664 note.

APPS06

PsN: PUBL280

120 STAT. 1026

PUBLIC LAW 109–280—AUG. 17, 2006

TITLE IX—INCREASE IN PENSION PLAN
DIVERSIFICATION AND PARTICIPATION AND OTHER PENSION PROVISIONS
SEC. 901. DEFINED CONTRIBUTION PLANS REQUIRED TO PROVIDE
EMPLOYEES WITH FREEDOM TO INVEST THEIR PLAN
ASSETS.

(a) AMENDMENTS OF INTERNAL REVENUE CODE.—
(1) QUALIFICATION REQUIREMENT.—Section 401(a) of the
Internal Revenue Code of 1986 (relating to qualified pension,
profit-sharing, and stock bonus plans) is amended by inserting
after paragraph (34) the following new paragraph:
‘‘(35) DIVERSIFICATION REQUIREMENTS FOR CERTAIN DEFINED
CONTRIBUTION PLANS.—
‘‘(A) IN GENERAL.—A trust which is part of an
applicable defined contribution plan shall not be treated
as a qualified trust unless the plan meets the diversification
requirements of subparagraphs (B), (C), and (D).
‘‘(B) EMPLOYEE CONTRIBUTIONS AND ELECTIVE DEFERRALS INVESTED IN EMPLOYER SECURITIES.—In the case of
the portion of an applicable individual’s account attributable to employee contributions and elective deferrals
which is invested in employer securities, a plan meets
the requirements of this subparagraph if the applicable
individual may elect to direct the plan to divest any such
securities and to reinvest an equivalent amount in other
investment options meeting the requirements of subparagraph (D).
‘‘(C) EMPLOYER CONTRIBUTIONS INVESTED IN EMPLOYER
SECURITIES.—In the case of the portion of the account
attributable to employer contributions other than elective
deferrals which is invested in employer securities, a plan
meets the requirements of this subparagraph if each
applicable individual who—
‘‘(i) is a participant who has completed at least
3 years of service, or
‘‘(ii) is a beneficiary of a participant described in
clause (i) or of a deceased participant,
may elect to direct the plan to divest any such securities
and to reinvest an equivalent amount in other investment
options meeting the requirements of subparagraph (D).
‘‘(D) INVESTMENT OPTIONS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if the plan offers not less than
3 investment options, other than employer securities,
to which an applicable individual may direct the proceeds from the divestment of employer securities pursuant to this paragraph, each of which is diversified
and has materially different risk and return characteristics.
‘‘(ii) TREATMENT OF CERTAIN RESTRICTIONS AND
CONDITIONS.—

26 USC 401.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00248

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1027

‘‘(I) TIME FOR MAKING INVESTMENT CHOICES.—
A plan shall not be treated as failing to meet
the requirements of this subparagraph merely
because the plan limits the time for divestment
and
reinvestment
to
periodic,
reasonable
opportunities occurring no less frequently than
quarterly.
‘‘(II) CERTAIN RESTRICTIONS AND CONDITIONS
NOT ALLOWED.—Except as provided in regulations,
a plan shall not meet the requirements of this
subparagraph if the plan imposes restrictions or
conditions with respect to the investment of
employer securities which are not imposed on the
investment of other assets of the plan. This subclause shall not apply to any restrictions or conditions imposed by reason of the application of securities laws.
‘‘(E) APPLICABLE DEFINED CONTRIBUTION PLAN.—For
purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘applicable defined contribution plan’ means any defined contribution plan
which holds any publicly traded employer securities.
‘‘(ii) EXCEPTION FOR CERTAIN ESOPS.—Such term
does not include an employee stock ownership plan
if—
‘‘(I) there are no contributions to such plan
(or earnings thereunder) which are held within
such plan and are subject to subsection (k) or
(m), and
‘‘(II) such plan is a separate plan for purposes
of section 414(l) with respect to any other defined
benefit plan or defined contribution plan maintained by the same employer or employers.
‘‘(iii) EXCEPTION FOR ONE PARTICIPANT PLANS.—
Such term does not include a one-participant retirement plan.
‘‘(iv) ONE-PARTICIPANT RETIREMENT PLAN.—For
purposes of clause (iii), the term ‘one-participant retirement plan’ means a retirement plan that—
‘‘(I) on the first day of the plan year covered
only one individual (or the individual and the
individual’s spouse) and the individual owned 100
percent of the plan sponsor (whether or not incorporated), or covered only one or more partners
(or partners and their spouses) in the plan sponsor,
‘‘(II) meets the minimum coverage requirements of section 410(b) without being combined
with any other plan of the business that covers
the employees of the business,
‘‘(III) does not provide benefits to anyone
except the individual (and the individual’s spouse)
or the partners (and their spouses),
‘‘(IV) does not cover a business that is a
member of an affiliated service group, a controlled
group of corporations, or a group of businesses
under common control, and

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00249

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1028

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(V) does not cover a business that uses the
services of leased employees (within the meaning
of section 414(n)).
For purposes of this clause, the term ‘partner’ includes
a 2-percent shareholder (as defined in section 1372(b))
of an S corporation.
‘‘(F) CERTAIN PLANS TREATED AS HOLDING PUBLICLY
TRADED EMPLOYER SECURITIES.—
‘‘(i) IN GENERAL.—Except as provided in regulations or in clause (ii), a plan holding employer securities which are not publicly traded employer securities
shall be treated as holding publicly traded employer
securities if any employer corporation, or any member
of a controlled group of corporations which includes
such employer corporation, has issued a class of stock
which is a publicly traded employer security.
‘‘(ii) EXCEPTION FOR CERTAIN CONTROLLED GROUPS
WITH PUBLICLY TRADED SECURITIES.—Clause (i) shall
not apply to a plan if—
‘‘(I) no employer corporation, or parent corporation of an employer corporation, has issued
any publicly traded employer security, and
‘‘(II) no employer corporation, or parent corporation of an employer corporation, has issued
any special class of stock which grants particular
rights to, or bears particular risks for, the holder
or issuer with respect to any corporation described
in clause (i) which has issued any publicly traded
employer security.
‘‘(iii) DEFINITIONS.—For purposes of this subparagraph, the term—
‘‘(I) ‘controlled group of corporations’ has the
meaning given such term by section 1563(a), except
that ‘50 percent’ shall be substituted for ‘80 percent’ each place it appears,
‘‘(II) ‘employer corporation’ means a corporation which is an employer maintaining the plan,
and
‘‘(III) ‘parent corporation’ has the meaning
given such term by section 424(e).
‘‘(G) OTHER DEFINITIONS.—For purposes of this paragraph—
‘‘(i) APPLICABLE INDIVIDUAL.—The term ‘applicable
individual’ means—
‘‘(I) any participant in the plan, and
‘‘(II) any beneficiary who has an account under
the plan with respect to which the beneficiary
is entitled to exercise the rights of a participant.
‘‘(ii) ELECTIVE DEFERRAL.—The term ‘elective
deferral’ means an employer contribution described in
section 402(g)(3)(A).
‘‘(iii) EMPLOYER SECURITY.—The term ‘employer
security’ has the meaning given such term by section
407(d)(1) of the Employee Retirement Income Security
Act of 1974.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00250

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1029

‘‘(iv) EMPLOYEE STOCK OWNERSHIP PLAN.—The
term ‘employee stock ownership plan’ has the meaning
given such term by section 4975(e)(7).
‘‘(v) PUBLICLY TRADED EMPLOYER SECURITIES.—The
term ‘publicly traded employer securities’ means
employer securities which are readily tradable on an
established securities market.
‘‘(vi) YEAR OF SERVICE.—The term ‘year of service’
has the meaning given such term by section 411(a)(5).
‘‘(H) TRANSITION RULE FOR SECURITIES ATTRIBUTABLE
TO EMPLOYER CONTRIBUTIONS.—
‘‘(i) RULES PHASED IN OVER 3 YEARS.—
‘‘(I) IN GENERAL.—In the case of the portion
of an account to which subparagraph (C) applies
and which consists of employer securities acquired
in a plan year beginning before January 1, 2007,
subparagraph (C) shall only apply to the applicable
percentage of such securities. This subparagraph
shall be applied separately with respect to each
class of securities.
‘‘(II) EXCEPTION FOR CERTAIN PARTICIPANTS
AGED 55 OR OVER.—Subclause (I) shall not apply
to an applicable individual who is a participant
who has attained age 55 and completed at least
3 years of service before the first plan year beginning after December 31, 2005.
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
clause (i), the applicable percentage shall be determined as follows:

Applicability.

‘‘Plan year to which

The
applicable
subparagraph (C) applies:
percentage is:
1st ........................................................................................... 33
2d ............................................................................................ 66
3d and following .................................................................... 100.’’.

(2) CONFORMING AMENDMENTS.—
(A) Section 401(a)(28)(B) of such Code (relating to additional requirements relating to employee stock ownership
plans) is amended by adding at the end the following
new clause:
‘‘(v) EXCEPTION.—This subparagraph shall not
apply to an applicable defined contribution plan (as
defined in paragraph (35)(E)).’’.
(B) Section 409(h)(7) of such Code is amended by
inserting ‘‘or subparagraph (B) or (C) of section 401(a)(35)’’
before the period at the end.
(C) Section 4980(c)(3)(A) of such Code is amended by
striking ‘‘if—’’ and all that follows and inserting ‘‘if the
requirements of subparagraphs (B), (C), and (D) are met.’’.
(b) AMENDMENTS OF ERISA.—
(1) IN GENERAL.—Section 204 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1054) is amended by
redesignating subsection (j) as subsection (k) and by inserting
after subsection (i) the following new subsection:
‘‘(j) DIVERSIFICATION REQUIREMENTS FOR CERTAIN INDIVIDUAL
ACCOUNT PLANS.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00251

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 401.

APPS06

PsN: PUBL280

120 STAT. 1030

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(1) IN GENERAL.—An applicable individual account plan
shall meet the diversification requirements of paragraphs (2),
(3), and (4).
‘‘(2) EMPLOYEE CONTRIBUTIONS AND ELECTIVE DEFERRALS
INVESTED IN EMPLOYER SECURITIES.—In the case of the portion
of an applicable individual’s account attributable to employee
contributions and elective deferrals which is invested in
employer securities, a plan meets the requirements of this
paragraph if the applicable individual may elect to direct the
plan to divest any such securities and to reinvest an equivalent
amount in other investment options meeting the requirements
of paragraph (4).
‘‘(3) EMPLOYER CONTRIBUTIONS INVESTED IN EMPLOYER
SECURITIES.—In the case of the portion of the account attributable to employer contributions other than elective deferrals
which is invested in employer securities, a plan meets the
requirements of this paragraph if each applicable individual
who—
‘‘(A) is a participant who has completed at least 3
years of service, or
‘‘(B) is a beneficiary of a participant described in
subparagraph (A) or of a deceased participant,
may elect to direct the plan to divest any such securities and
to reinvest an equivalent amount in other investment options
meeting the requirements of paragraph (4).
‘‘(4) INVESTMENT OPTIONS.—
‘‘(A) IN GENERAL.—The requirements of this paragraph
are met if the plan offers not less than 3 investment
options, other than employer securities, to which an
applicable individual may direct the proceeds from the
divestment of employer securities pursuant to this subsection, each of which is diversified and has materially
different risk and return characteristics.
‘‘(B) TREATMENT OF CERTAIN RESTRICTIONS AND CONDITIONS.—
‘‘(i) TIME FOR MAKING INVESTMENT CHOICES.—A
plan shall not be treated as failing to meet the requirements of this paragraph merely because the plan limits
the time for divestment and reinvestment to periodic,
reasonable opportunities occurring no less frequently
than quarterly.
‘‘(ii) CERTAIN RESTRICTIONS AND CONDITIONS NOT
ALLOWED.—Except as provided in regulations, a plan
shall not meet the requirements of this paragraph
if the plan imposes restrictions or conditions with
respect to the investment of employer securities which
are not imposed on the investment of other assets
of the plan. This subparagraph shall not apply to any
restrictions or conditions imposed by reason of the
application of securities laws.
‘‘(5) APPLICABLE INDIVIDUAL ACCOUNT PLAN.—For purposes
of this subsection—
‘‘(A) IN GENERAL.—The term ‘applicable individual
account plan’ means any individual account plan (as
defined in section 3(34)) which holds any publicly traded
employer securities.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00252

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1031

‘‘(B) EXCEPTION FOR CERTAIN ESOPS.—Such term does
not include an employee stock ownership plan if—
‘‘(i) there are no contributions to such plan (or
earnings thereunder) which are held within such plan
and are subject to subsection (k) or (m) of section
401 of the Internal Revenue Code of 1986, and
‘‘(ii) such plan is a separate plan (for purposes
of section 414(l) of such Code) with respect to any
other defined benefit plan or individual account plan
maintained by the same employer or employers.
‘‘(C) EXCEPTION FOR ONE PARTICIPANT PLANS.—Such
term shall not include a one-participant retirement plan
(as defined in section 101(i)(8)(B)).
‘‘(D) CERTAIN PLANS TREATED AS HOLDING PUBLICLY
TRADED EMPLOYER SECURITIES.—
‘‘(i) IN GENERAL.—Except as provided in regulations or in clause (ii), a plan holding employer securities which are not publicly traded employer securities
shall be treated as holding publicly traded employer
securities if any employer corporation, or any member
of a controlled group of corporations which includes
such employer corporation, has issued a class of stock
which is a publicly traded employer security.
‘‘(ii) EXCEPTION FOR CERTAIN CONTROLLED GROUPS
WITH PUBLICLY TRADED SECURITIES.—Clause (i) shall
not apply to a plan if—
‘‘(I) no employer corporation, or parent corporation of an employer corporation, has issued
any publicly traded employer security, and
‘‘(II) no employer corporation, or parent corporation of an employer corporation, has issued
any special class of stock which grants particular
rights to, or bears particular risks for, the holder
or issuer with respect to any corporation described
in clause (i) which has issued any publicly traded
employer security.
‘‘(iii) DEFINITIONS.—For purposes of this subparagraph, the term—
‘‘(I) ‘controlled group of corporations’ has the
meaning given such term by section 1563(a) of
the Internal Revenue Code of 1986, except that
‘50 percent’ shall be substituted for ‘80 percent’
each place it appears,
‘‘(II) ‘employer corporation’ means a corporation which is an employer maintaining the plan,
and
‘‘(III) ‘parent corporation’ has the meaning
given such term by section 424(e) of such Code.
‘‘(6) OTHER DEFINITIONS.—For purposes of this paragraph—
‘‘(A) APPLICABLE INDIVIDUAL.—The term ‘applicable
individual’ means—
‘‘(i) any participant in the plan, and
‘‘(ii) any beneficiary who has an account under
the plan with respect to which the beneficiary is entitled to exercise the rights of a participant.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00253

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1032

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(B) ELECTIVE DEFERRAL.—The term ‘elective deferral’
means an employer contribution described in section
402(g)(3)(A) of the Internal Revenue Code of 1986.
‘‘(C) EMPLOYER SECURITY.—The term ‘employer security’ has the meaning given such term by section 407(d)(1).
‘‘(D) EMPLOYEE STOCK OWNERSHIP PLAN.—The term
‘employee stock ownership plan’ has the meaning given
such term by section 4975(e)(7) of such Code.
‘‘(E) PUBLICLY TRADED EMPLOYER SECURITIES.—The
term ‘publicly traded employer securities’ means employer
securities which are readily tradable on an established
securities market.
‘‘(F) YEAR OF SERVICE.—The term ‘year of service’ has
the meaning given such term by section 203(b)(2).
‘‘(7) TRANSITION RULE FOR SECURITIES ATTRIBUTABLE TO
EMPLOYER CONTRIBUTIONS.—
‘‘(A) RULES PHASED IN OVER 3 YEARS.—
‘‘(i) IN GENERAL.—In the case of the portion of
an account to which paragraph (3) applies and which
consists of employer securities acquired in a plan year
beginning before January 1, 2007, paragraph (3) shall
only apply to the applicable percentage of such securities. This subparagraph shall be applied separately
with respect to each class of securities.
‘‘(ii) EXCEPTION FOR CERTAIN PARTICIPANTS AGED
55 OR OVER.—Clause (i) shall not apply to an applicable
individual who is a participant who has attained age
55 and completed at least 3 years of service before
the first plan year beginning after December 31, 2005.
‘‘(B) APPLICABLE PERCENTAGE.—For purposes of
subparagraph (A), the applicable percentage shall be determined as follows:

Applicability.

‘‘Plan year to which

The
applicable
paragraph (3) applies:
percentage is:
1st .................................................................................................. 33
2d ................................................................................................... 66
3d ................................................................................................... 100.’’.

26 USC 401 note.

Applicability.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

(2) CONFORMING AMENDMENT.—Section 407(b)(3) of such
Act (29 U.S.C. 1107(b)(3)) is amended by adding at the end
the following:
‘‘(D) For diversification requirements for qualifying
employer securities held in certain individual account plans,
see section 204(j).’’.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), the amendments made by this section shall apply
to plan years beginning after December 31, 2006.
(2) SPECIAL RULE FOR COLLECTIVELY BARGAINED AGREEMENTS.—In the case of a plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before
the date of the enactment of this Act, paragraph (1) shall
be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ‘‘December 31,
2006’’ the earlier of—
(A) the later of—

PO 00280

Frm 00254

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1033

(i) December 31, 2007, or
(ii) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after such date of
enactment), or
(B) December 31, 2008.
(3) SPECIAL RULE FOR CERTAIN EMPLOYER SECURITIES HELD
IN AN ESOP.—
(A) IN GENERAL.—In the case of employer securities
to which this paragraph applies, the amendments made
by this section shall apply to plan years beginning after
the earlier of—
(i) December 31, 2007, or
(ii) the first date on which the fair market value
of such securities exceeds the guaranteed minimum
value described in subparagraph (B)(ii).
(B) APPLICABLE SECURITIES.—This paragraph shall
apply to employer securities which are attributable to
employer contributions other than elective deferrals, and
which, on September 17, 2003—
(i) consist of preferred stock, and
(ii) are within an employee stock ownership plan
(as defined in section 4975(e)(7) of the Internal Revenue Code of 1986), the terms of which provide that
the value of the securities cannot be less than the
guaranteed minimum value specified by the plan on
such date.
(C) COORDINATION WITH TRANSITION RULE.—In
applying section 401(a)(35)(H) of the Internal Revenue Code
of 1986 and section 204(j)(7) of the Employee Retirement
Income Security Act of 1974 (as added by this section)
to employer securities to which this paragraph applies,
the applicable percentage shall be determined without
regard to this paragraph.
SEC. 902. INCREASING PARTICIPATION THROUGH AUTOMATIC CONTRIBUTION ARRANGEMENTS.

(a) IN GENERAL.—Section 401(k) of the Internal Revenue Code
of 1986 (relating to cash or deferred arrangement) is amended
by adding at the end the following new paragraph:
‘‘(13) ALTERNATIVE METHOD FOR AUTOMATIC CONTRIBUTION
ARRANGEMENTS TO MEET NONDISCRIMINATION REQUIREMENTS.—
‘‘(A) IN GENERAL.—A qualified automatic contribution
arrangement shall be treated as meeting the requirements
of paragraph (3)(A)(ii).
‘‘(B) QUALIFIED AUTOMATIC CONTRIBUTION ARRANGEMENT.—For purposes of this paragraph, the term ‘qualified
automatic contribution arrangement’ means any cash or
deferred arrangement which meets the requirements of
subparagraphs (C) through (E).
‘‘(C) AUTOMATIC DEFERRAL.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if, under the arrangement, each
employee eligible to participate in the arrangement
is treated as having elected to have the employer make
elective contributions in an amount equal to a qualified
percentage of compensation.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00255

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 401.

APPS06

PsN: PUBL280

120 STAT. 1034

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(ii) ELECTION OUT.—The election treated as
having been made under clause (i) shall cease to apply
with respect to any employee if such employee makes
an affirmative election—
‘‘(I) to not have such contributions made, or
‘‘(II) to make elective contributions at a level
specified in such affirmative election.
‘‘(iii) QUALIFIED PERCENTAGE.—For purposes of this
subparagraph, the term ‘qualified percentage’ means,
with respect to any employee, any percentage determined under the arrangement if such percentage is
applied uniformly, does not exceed 10 percent, and
is at least—
‘‘(I) 3 percent during the period ending on
the last day of the first plan year which begins
after the date on which the first elective contribution described in clause (i) is made with respect
to such employee,
‘‘(II) 4 percent during the first plan year following the plan year described in subclause (I),
‘‘(III) 5 percent during the second plan year
following the plan year described in subclause (I),
and
‘‘(IV) 6 percent during any subsequent plan
year.
DEFERRAL
FOR
CURRENT
‘‘(iv)
AUTOMATIC
EMPLOYEES NOT REQUIRED.—Clause (i) may be applied
without taking into account any employee who—
‘‘(I) was eligible to participate in the arrangement (or a predecessor arrangement) immediately
before the date on which such arrangement
becomes a qualified automatic contribution
arrangement (determined after application of this
clause), and
‘‘(II) had an election in effect on such date
either to participate in the arrangement or to not
participate in the arrangement.
‘‘(D) MATCHING OR NONELECTIVE CONTRIBUTIONS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if, under the arrangement, the
employer—
‘‘(I) makes matching contributions on behalf
of each employee who is not a highly compensated
employee in an amount equal to the sum of 100
percent of the elective contributions of the
employee to the extent that such contributions
do not exceed 1 percent of compensation plus 50
percent of so much of such compensation as
exceeds 1 percent but does not exceed 6 percent
of compensation, or
‘‘(II) is required, without regard to whether
the employee makes an elective contribution or
employee contribution, to make a contribution to
a defined contribution plan on behalf of each
employee who is not a highly compensated
employee and who is eligible to participate in the

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00256

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1035

arrangement in an amount equal to at least 3
percent of the employee’s compensation.
‘‘(ii) APPLICATION OF RULES FOR MATCHING CONTRIBUTIONS.—The rules of clauses (ii) and (iii) of paragraph (12)(B) shall apply for purposes of clause (i)(I).
‘‘(iii) WITHDRAWAL AND VESTING RESTRICTIONS.—
An arrangement shall not be treated as meeting the
requirements of clause (i) unless, with respect to
employer contributions (including matching contributions) taken into account in determining whether the
requirements of clause (i) are met—
‘‘(I) any employee who has completed at least
2 years of service (within the meaning of section
411(a)) has a nonforfeitable right to 100 percent
of the employee’s accrued benefit derived from such
employer contributions, and
‘‘(II) the requirements of subparagraph (B) of
paragraph (2) are met with respect to all such
employer contributions.
‘‘(iv) APPLICATION OF CERTAIN OTHER RULES.—The
rules of subparagraphs (E)(ii) and (F) of paragraph
(12) shall apply for purposes of subclauses (I) and
(II) of clause (i).
‘‘(E) NOTICE REQUIREMENTS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if, within a reasonable period
before each plan year, each employee eligible to participate in the arrangement for such year receives written
notice of the employee’s rights and obligations under
the arrangement which—
‘‘(I) is sufficiently accurate and comprehensive
to apprise the employee of such rights and obligations, and
‘‘(II) is written in a manner calculated to be
understood by the average employee to whom the
arrangement applies.
‘‘(ii) TIMING AND CONTENT REQUIREMENTS.—A
notice shall not be treated as meeting the requirements
of clause (i) with respect to an employee unless—
‘‘(I) the notice explains the employee’s right
under the arrangement to elect not to have elective
contributions made on the employee’s behalf (or
to elect to have such contributions made at a different percentage),
‘‘(II) in the case of an arrangement under
which the employee may elect among 2 or more
investment options, the notice explains how contributions made under the arrangement will be
invested in the absence of any investment election
by the employee, and
‘‘(III) the employee has a reasonable period
of time after receipt of the notice described in
subclauses (I) and (II) and before the first elective
contribution is made to make either such election.’’.
(b) MATCHING CONTRIBUTIONS.—Section 401(m) of such Code
(relating to nondiscrimination test for matching contributions and
employee contributions) is amended by redesignating paragraph

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00257

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 401.

APPS06

PsN: PUBL280

120 STAT. 1036

26 USC 416.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

(12) as paragraph (13) and by inserting after paragraph (11) the
following new paragraph:
‘‘(12) ALTERNATIVE METHOD FOR AUTOMATIC CONTRIBUTION
ARRANGEMENTS.—A defined contribution plan shall be treated
as meeting the requirements of paragraph (2) with respect
to matching contributions if the plan—
‘‘(A) is a qualified automatic contribution arrangement
(as defined in subsection (k)(13)), and
‘‘(B) meets the requirements of paragraph (11)(B).’’.
(c) EXCLUSION FROM DEFINITION OF TOP-HEAVY PLANS.—
(1) ELECTIVE CONTRIBUTION RULE.—Clause (i) of section
416(g)(4)(H) of such Code is amended by inserting ‘‘or
401(k)(13)’’ after ‘‘section 401(k)(12)’’.
(2) MATCHING CONTRIBUTION RULE.—Clause (ii) of section
416(g)(4)(H) of such Code is amended by inserting ‘‘or
401(m)(12)’’ after ‘‘section 401(m)(11)’’.
(d) TREATMENT OF WITHDRAWALS OF CONTRIBUTIONS DURING
FIRST 90 DAYS.—
(1) IN GENERAL.—Section 414 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
‘‘(w) SPECIAL RULES FOR CERTAIN WITHDRAWALS FROM ELIGIBLE
AUTOMATIC CONTRIBUTION ARRANGEMENTS.—
‘‘(1) IN GENERAL.—If an eligible automatic contribution
arrangement allows an employee to elect to make permissible
withdrawals—
‘‘(A) the amount of any such withdrawal shall be
includible in the gross income of the employee for the
taxable year of the employee in which the distribution
is made,
‘‘(B) no tax shall be imposed under section 72(t) with
respect to the distribution, and
‘‘(C) the arrangement shall not be treated as violating
any restriction on distributions under this title solely by
reason of allowing the withdrawal.
In the case of any distribution to an employee by reason of
an election under this paragraph, employer matching contributions shall be forfeited or subject to such other treatment as
the Secretary may prescribe.
‘‘(2) PERMISSIBLE WITHDRAWAL.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘permissible withdrawal’
means any withdrawal from an eligible automatic contribution arrangement meeting the requirements of this paragraph which—
‘‘(i) is made pursuant to an election by an
employee, and
‘‘(ii) consists of elective contributions described in
paragraph (3)(B) (and earnings attributable thereto).
‘‘(B) TIME FOR MAKING ELECTION.—Subparagraph (A)
shall not apply to an election by an employee unless the
election is made no later than the date which is 90 days
after the date of the first elective contribution with respect
to the employee under the arrangement.
‘‘(C) AMOUNT OF DISTRIBUTION.—Subparagraph (A)
shall not apply to any election by an employee unless
the amount of any distribution by reason of the election

Jkt 049139

PO 00280

Frm 00258

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1037

is equal to the amount of elective contributions made with
respect to the first payroll period to which the eligible
automatic contribution arrangement applies to the
employee and any succeeding payroll period beginning
before the effective date of the election (and earnings attributable thereto).
‘‘(3) ELIGIBLE AUTOMATIC CONTRIBUTION ARRANGEMENT.—
For purposes of this subsection, the term ‘eligible automatic
contribution arrangement’ means an arrangement under an
applicable employer plan—
‘‘(A) under which a participant may elect to have the
employer make payments as contributions under the plan
on behalf of the participant, or to the participant directly
in cash,
‘‘(B) under which the participant is treated as having
elected to have the employer make such contributions in
an amount equal to a uniform percentage of compensation
provided under the plan until the participant specifically
elects not to have such contributions made (or specifically
elects to have such contributions made at a different
percentage),
‘‘(C) under which, in the absence of an investment
election by the participant, contributions described in
subparagraph (B) are invested in accordance with regulations prescribed by the Secretary of Labor under section
404(c)(5) of the Employee Retirement Income Security Act
of 1974, and
‘‘(D) which meets the requirements of paragraph (4).
‘‘(4) NOTICE REQUIREMENTS.—
‘‘(A) IN GENERAL.—The administrator of a plan containing an arrangement described in paragraph (3) shall,
within a reasonable period before each plan year, give
to each employee to whom an arrangement described in
paragraph (3) applies for such plan year notice of the
employee’s rights and obligations under the arrangement
which—
‘‘(i) is sufficiently accurate and comprehensive to
apprise the employee of such rights and obligations,
and
‘‘(ii) is written in a manner calculated to be understood by the average employee to whom the arrangement applies.
‘‘(B) TIME AND FORM OF NOTICE.—A notice shall not
be treated as meeting the requirements of subparagraph
(A) with respect to an employee unless—
‘‘(i) the notice includes an explanation of the
employee’s right under the arrangement to elect not
to have elective contributions made on the employee’s
behalf (or to elect to have such contributions made
at a different percentage),
‘‘(ii) the employee has a reasonable period of time
after receipt of the notice described in clause (i) and
before the first elective contribution is made to make
such election, and
‘‘(iii) the notice explains how contributions made
under the arrangement will be invested in the absence
of any investment election by the employee.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00259

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1038

‘‘(5) APPLICABLE EMPLOYER PLAN.—For purposes of this subsection, the term ‘applicable employer plan’ means—
‘‘(A) an employees’ trust described in section 401(a)
which is exempt from tax under section 501(a),
‘‘(B) a plan under which amounts are contributed by
an individual’s employer for an annuity contract described
in section 403(b), and
‘‘(C) an eligible deferred compensation plan described
in section 457(b) which is maintained by an eligible
employer described in section 457(e)(1)(A).
‘‘(6) SPECIAL RULE.—A withdrawal described in paragraph
(1) (subject to the limitation of paragraph (2)(C)) shall not
be taken into account for purposes of section 401(k)(3).’’.
(2) VESTING CONFORMING AMENDMENTS.—
(A) Section 411(a)(3)(G) of such Code is amended by
inserting ‘‘an erroneous automatic contribution under section 414(w),’’ after ‘‘402(g)(2)(A),’’.
(B) The heading of section 411(a)(3)(G) of such Code
is amended by inserting ‘‘OR ERRONEOUS AUTOMATIC CONTRIBUTION’’ before the period.
(C) Section 401(k)(8)(E) of such Code is amended by
inserting ‘‘an erroneous automatic contribution under section 414(w),’’ after ‘‘402(g)(2)(A),’’.
(D) The heading of section 401(k)(8)(E) of such Code
is amended by inserting ‘‘OR ERRONEOUS AUTOMATIC CONTRIBUTION’’ before the period.
(E) Section 203(a)(3)(F) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(a)(3)(F)) is
amended by inserting ‘‘an erroneous automatic contribution
under section 414(w) of such Code,’’ after ‘‘402(g)(2)(A) of
such Code,’’.
(e) EXCESS CONTRIBUTIONS.—
(1) EXPANSION OF CORRECTIVE DISTRIBUTION PERIOD FOR
AUTOMATIC CONTRIBUTION ARRANGEMENTS.—Subsection (f) of
section 4979 of the Internal Revenue Code of 1986 is amended—
(A) by inserting ‘‘(6 months in the case of an excess
contribution or excess aggregate contribution to an eligible
automatic contribution arrangement (as defined in section
414(w)(3)))’’ after ‘‘21⁄2 months’’ in paragraph (1), and
(B) by striking ‘‘21⁄2 MONTHS OF’’ in the heading and
inserting ‘‘SPECIFIED PERIOD AFTER’’.
(2) YEAR OF INCLUSION.—Paragraph (2) of section 4979(f)
of such Code is amended to read as follows:
‘‘(2) YEAR OF INCLUSION.—Any amount distributed as provided in paragraph (1) shall be treated as earned and received
by the recipient in the recipient’s taxable year in which such
distributions were made.’’.
(3) SIMPLIFICATION OF ALLOCABLE EARNINGS.—
(A) SECTION 4979.—Paragraph (1) of section 4979(f) of
such Code is amended by adding ‘‘through the end of the
plan year for which the contribution was made’’ after
‘‘thereto’’.
(B) SECTION 401(k) AND 401(m).—
(i) Clause (i) of section 401(k)(8)(A) of such Code
is amended by adding ‘‘through the end of such year’’
after ‘‘such contributions’’.

26 USC 411.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

Jkt 049139

PO 00280

Frm 00260

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1039

(ii) Subparagraph (A) of section 401(m)(6) of such
Code is amended by adding ‘‘through the end of such
year’’ after ‘‘to such contributions’’.
(f) PREEMPTION OF CONFLICTING STATE REGULATION.—
(1) IN GENERAL.—Section 514 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1144) is amended by
adding at the end the following new subsection:
‘‘(e)(1) Notwithstanding any other provision of this section, this
title shall supersede any law of a State which would directly or
indirectly prohibit or restrict the inclusion in any plan of an automatic contribution arrangement. The Secretary may prescribe regulations which would establish minimum standards that such an
arrangement would be required to satisfy in order for this subsection
to apply in the case of such arrangement.
‘‘(2) For purposes of this subsection, the term ‘automatic contribution arrangement’ means an arrangement—
‘‘(A) under which a participant may elect to have the plan
sponsor make payments as contributions under the plan on
behalf of the participant, or to the participant directly in cash,
‘‘(B) under which a participant is treated as having elected
to have the plan sponsor make such contributions in an amount
equal to a uniform percentage of compensation provided under
the plan until the participant specifically elects not to have
such contributions made (or specifically elects to have such
contributions made at a different percentage), and
‘‘(C) under which such contributions are invested in accordance with regulations prescribed by the Secretary under section
404(c)(5).
‘‘(3)(A) The plan administrator of an automatic contribution
arrangement shall, within a reasonable period before such plan
year, provide to each participant to whom the arrangement applies
for such plan year notice of the participant’s rights and obligations
under the arrangement which—
‘‘(i) is sufficiently accurate and comprehensive to apprise
the participant of such rights and obligations, and
‘‘(ii) is written in a manner calculated to be understood
by the average participant to whom the arrangement applies.
‘‘(B) A notice shall not be treated as meeting the requirements
of subparagraph (A) with respect to a participant unless—
‘‘(i) the notice includes an explanation of the participant’s
right under the arrangement not to have elective contributions
made on the participant’s behalf (or to elect to have such
contributions made at a different percentage),
‘‘(ii) the participant has a reasonable period of time, after
receipt of the notice described in clause (i) and before the
first elective contribution is made, to make such election, and
‘‘(iii) the notice explains how contributions made under
the arrangement will be invested in the absence of any investment election by the participant.’’.
(2) ENFORCEMENT.—Section 502(c)(4) of such Act (29 U.S.C.
1132(c)(4)) is amended by striking ‘‘or section 302(b)(7)(F)(vi)’’
inserting ‘‘, section 302(b)(7)(F)(vi), or section 514(e)(3)’’.
(g) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007, except
that the amendments made by subsection (f) shall take effect on
the date of the enactment of this Act.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00261

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 401.

26 USC 401 note.

APPS06

PsN: PUBL280

120 STAT. 1040

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 903. TREATMENT OF ELIGIBLE COMBINED DEFINED BENEFIT
PLANS AND QUALIFIED CASH OR DEFERRED ARRANGEMENTS.
26 USC 414.

Applicability.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

(a) AMENDMENTS OF INTERNAL REVENUE CODE.—Section 414
of the Internal Revenue Code of 1986, as amended by this Act,
is amended by adding at the end the following new subsection:
‘‘(x) SPECIAL RULES FOR ELIGIBLE COMBINED DEFINED BENEFIT
PLANS AND QUALIFIED CASH OR DEFERRED ARRANGEMENTS.—
‘‘(1) GENERAL RULE.—Except as provided in this subsection,
the requirements of this title shall be applied to any defined
benefit plan or applicable defined contribution plan which are
part of an eligible combined plan in the same manner as
if each such plan were not a part of the eligible combined
plan.
‘‘(2) ELIGIBLE COMBINED PLAN.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘eligible combined plan’
means a plan—
‘‘(i) which is maintained by an employer which,
at the time the plan is established, is a small employer,
‘‘(ii) which consists of a defined benefit plan and
an applicable defined contribution plan,
‘‘(iii) the assets of which are held in a single trust
forming part of the plan and are clearly identified
and allocated to the defined benefit plan and the
applicable defined contribution plan to the extent necessary for the separate application of this title under
paragraph (1), and
‘‘(iv) with respect to which the benefit, contribution, vesting, and nondiscrimination requirements of
subparagraphs (B), (C), (D), (E), and (F) are met.
For purposes of this subparagraph, the term ‘small
employer’ has the meaning given such term by section
4980D(d)(2), except that such section shall be applied by
substituting ‘500’ for ‘50’ each place it appears.
‘‘(B) BENEFIT REQUIREMENTS.—
‘‘(i) IN GENERAL.—The benefit requirements of this
subparagraph are met with respect to the defined benefit plan forming part of the eligible combined plan
if the accrued benefit of each participant derived from
employer contributions, when expressed as an annual
retirement benefit, is not less than the applicable
percentage of the participant’s final average pay. For
purposes of this clause, final average pay shall be
determined using the period of consecutive years (not
exceeding 5) during which the participant had the
greatest aggregate compensation from the employer.
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
clause (i), the applicable percentage is the lesser of—
‘‘(I) 1 percent multiplied by the number of
years of service with the employer, or
‘‘(II) 20 percent.
‘‘(iii) SPECIAL RULE FOR APPLICABLE DEFINED BENEFIT PLANS.—If the defined benefit plan under clause
(i) is an applicable defined benefit plan as defined
in section 411(a)(13)(B) which meets the interest credit
requirements of section 411(b)(5)(B)(i), the plan shall

Jkt 049139

PO 00280

Frm 00262

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1041

be treated as meeting the requirements of clause (i)
with respect to any plan year if each participant
receives a pay credit for the year which is not less
than the percentage of compensation determined in
accordance with the following table:
‘‘If the participant’s age as of the
beginning of the year is—

The
percentage
is—
30 or less ................................................................................
2
Over 30 but less than 40 .......................................................
4
40 or over but less than 50 ...................................................
6
50 or over ...............................................................................
8.

‘‘(iv) YEARS OF SERVICE.—For purposes of this
subparagraph, years of service shall be determined
under the rules of paragraphs (4), (5), and (6) of section
411(a), except that the plan may not disregard any
year of service because of a participant making, or
failing to make, any elective deferral with respect to
the qualified cash or deferred arrangement to which
subparagraph (C) applies.
‘‘(C) CONTRIBUTION REQUIREMENTS.—
‘‘(i) IN GENERAL.—The contribution requirements
of this subparagraph with respect to any applicable
defined contribution plan forming part of an eligible
combined plan are met if—
‘‘(I) the qualified cash or deferred arrangement
included in such plan constitutes an automatic
contribution arrangement, and
‘‘(II) the employer is required to make
matching contributions on behalf of each employee
eligible to participate in the arrangement in an
amount equal to 50 percent of the elective contributions of the employee to the extent such elective
contributions do not exceed 4 percent of compensation.
Rules similar to the rules of clauses (ii) and (iii) of
section 401(k)(12)(B) shall apply for purposes of this
clause.
‘‘(ii) NONELECTIVE CONTRIBUTIONS.—An applicable
defined contribution plan shall not be treated as failing
to meet the requirements of clause (i) because the
employer makes nonelective contributions under the
plan but such contributions shall not be taken into
account in determining whether the requirements of
clause (i)(II) are met.
‘‘(D) VESTING REQUIREMENTS.—The vesting requirements of this subparagraph are met if—
‘‘(i) in the case of a defined benefit plan forming
part of an eligible combined plan an employee who
has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s
accrued benefit under the plan derived from employer
contributions, and
‘‘(ii) in the case of an applicable defined contribution plan forming part of eligible combined plan—
‘‘(I) an employee has a nonforfeitable right
to any matching contribution made under the

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00263

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

APPS06

PsN: PUBL280

120 STAT. 1042

PUBLIC LAW 109–280—AUG. 17, 2006
qualified cash or deferred arrangement included
in such plan by an employer with respect to any
elective contribution, including matching contributions in excess of the contributions required under
subparagraph (C)(i)(II), and
‘‘(II) an employee who has completed at least
3 years of service has a nonforfeitable right to
100 percent of the employee’s accrued benefit
derived under the arrangement from nonelective
contributions of the employer.
For purposes of this subparagraph, the rules of section
411 shall apply to the extent not inconsistent with
this subparagraph.
‘‘(E) UNIFORM PROVISION OF CONTRIBUTIONS AND BENEFITS.—In the case of a defined benefit plan or applicable
defined contribution plan forming part of an eligible combined plan, the requirements of this subparagraph are
met if all contributions and benefits under each such plan,
and all rights and features under each such plan, must
be provided uniformly to all participants.
‘‘(F) REQUIREMENTS MUST BE MET WITHOUT TAKING INTO

Applicability.

ACCOUNT SOCIAL SECURITY AND SIMILAR CONTRIBUTIONS AND
BENEFITS OR OTHER PLANS.—
‘‘(i) IN GENERAL.—The requirements of this

subparagraph are met if the requirements of clauses
(ii) and (iii) are met.
‘‘(ii) SOCIAL SECURITY AND SIMILAR CONTRIBUTIONS.—The requirements of this clause are met if—
‘‘(I) the requirements of subparagraphs (B) and
(C) are met without regard to section 401(l), and
‘‘(II) the requirements of sections 401(a)(4) and
410(b) are met with respect to both the applicable
defined contribution plan and defined benefit plan
forming part of an eligible combined plan without
regard to section 401(l).
‘‘(iii) OTHER PLANS AND ARRANGEMENTS.—The
requirements of this clause are met if the applicable
defined contribution plan and defined benefit plan
forming part of an eligible combined plan meet the
requirements of sections 401(a)(4) and 410(b) without
being combined with any other plan.
‘‘(3) NONDISCRIMINATION REQUIREMENTS FOR QUALIFIED
CASH OR DEFERRED ARRANGEMENT.—
‘‘(A) IN GENERAL.—A qualified cash or deferred
arrangement which is included in an applicable defined
contribution plan forming part of an eligible combined plan
shall be treated as meeting the requirements of section
401(k)(3)(A)(ii) if the requirements of paragraph (2)(C) are
met with respect to such arrangement.
‘‘(B) MATCHING CONTRIBUTIONS.—In applying section
401(m)(11) to any matching contribution with respect to
a contribution to which paragraph (2)(C) applies, the contribution requirement of paragraph (2)(C) and the notice
requirements of paragraph (5)(B) shall be substituted for
the requirements otherwise applicable under clauses (i)
and (ii) of section 401(m)(11)(A).

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00264

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1043

‘‘(4) SATISFACTION OF TOP-HEAVY RULES.—A defined benefit
plan and applicable defined contribution plan forming part
of an eligible combined plan for any plan year shall be treated
as meeting the requirements of section 416 for the plan year.
‘‘(5) AUTOMATIC CONTRIBUTION ARRANGEMENT.—For purposes of this subsection—
‘‘(A) IN GENERAL.—A qualified cash or deferred
arrangement shall be treated as an automatic contribution
arrangement if the arrangement—
‘‘(i) provides that each employee eligible to participate in the arrangement is treated as having elected
to have the employer make elective contributions in
an amount equal to 4 percent of the employee’s compensation unless the employee specifically elects not
to have such contributions made or to have such contributions made at a different rate, and
‘‘(ii) meets the notice requirements under subparagraph (B).
‘‘(B) NOTICE REQUIREMENTS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if the requirements of clauses
(ii) and (iii) are met.
‘‘(ii) REASONABLE PERIOD TO MAKE ELECTION.—The
requirements of this clause are met if each employee
to whom subparagraph (A)(i) applies—
‘‘(I) receives a notice explaining the employee’s
right under the arrangement to elect not to have
elective contributions made on the employee’s
behalf or to have the contributions made at a
different rate, and
‘‘(II) has a reasonable period of time after
receipt of such notice and before the first elective
contribution is made to make such election.
‘‘(iii) ANNUAL NOTICE OF RIGHTS AND OBLIGATIONS.—The requirements of this clause are met if
each employee eligible to participate in the arrangement is, within a reasonable period before any year,
given notice of the employee’s rights and obligations
under the arrangement.
The requirements of clauses (i) and (ii) of section
401(k)(12)(D) shall be met with respect to the notices
described in clauses (ii) and (iii) of this subparagraph.
‘‘(6) COORDINATION WITH OTHER REQUIREMENTS.—
‘‘(A) TREATMENT OF SEPARATE PLANS.—Section 414(k)
shall not apply to an eligible combined plan.
‘‘(B) REPORTING.—An eligible combined plan shall be
treated as a single plan for purposes of sections 6058
and 6059.
‘‘(7) APPLICABLE DEFINED CONTRIBUTION PLAN.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘applicable defined contribution plan’ means a defined contribution plan which
includes a qualified cash or deferred arrangement.
‘‘(B) QUALIFIED CASH OR DEFERRED ARRANGEMENT.—
The term ‘qualified cash or deferred arrangement’ has the
meaning given such term by section 401(k)(2).’’.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00265

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1044

PUBLIC LAW 109–280—AUG. 17, 2006

(b) AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECUACT OF 1974.—
(1) IN GENERAL.—Section 210 of the Employee Retirement
Income Security Act of 1974 is amended by adding at the
end the following new subsection:
‘‘(e) SPECIAL RULES FOR ELIGIBLE COMBINED DEFINED BENEFIT
PLANS AND QUALIFIED CASH OR DEFERRED ARRANGEMENTS.—
‘‘(1) GENERAL RULE.—Except as provided in this subsection,
this Act shall be applied to any defined benefit plan or
applicable individual account plan which are part of an eligible
combined plan in the same manner as if each such plan were
not a part of the eligible combined plan.
‘‘(2) ELIGIBLE COMBINED PLAN.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘eligible combined plan’
means a plan—
‘‘(i) which is maintained by an employer which,
at the time the plan is established, is a small employer,
‘‘(ii) which consists of a defined benefit plan and
an applicable individual account plan each of which
qualifies under section 401(a) of the Internal Revenue
Code of 1986,
‘‘(iii) the assets of which are held in a single trust
forming part of the plan and are clearly identified
and allocated to the defined benefit plan and the
applicable individual account plan to the extent necessary for the separate application of this Act under
paragraph (1), and
‘‘(iv) with respect to which the benefit, contribution, vesting, and nondiscrimination requirements of
subparagraphs (B), (C), (D), (E), and (F) are met.
For purposes of this subparagraph, the term ‘small
employer’ has the meaning given such term by section
4980D(d)(2) of the Internal Revenue Code of 1986, except
that such section shall be applied by substituting ‘500’
for ‘50’ each place it appears.
‘‘(B) BENEFIT REQUIREMENTS.—
‘‘(i) IN GENERAL.—The benefit requirements of this
subparagraph are met with respect to the defined benefit plan forming part of the eligible combined plan
if the accrued benefit of each participant derived from
employer contributions, when expressed as an annual
retirement benefit, is not less than the applicable
percentage of the participant’s final average pay. For
purposes of this clause, final average pay shall be
determined using the period of consecutive years (not
exceeding 5) during which the participant had the
greatest aggregate compensation from the employer.
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
clause (i), the applicable percentage is the lesser of—
‘‘(I) 1 percent multiplied by the number of
years of service with the employer, or
‘‘(II) 20 percent.
‘‘(iii) SPECIAL RULE FOR APPLICABLE DEFINED BENEFIT PLANS.—If the defined benefit plan under clause
(i) is an applicable defined benefit plan as defined
in section 203(f)(3)(B) which meets the interest credit
RITY

29 USC 1060.

Applicability.

Applicability.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00266

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1045

requirements of section 204(b)(5)(B)(i), the plan shall
be treated as meeting the requirements of clause (i)
with respect to any plan year if each participant
receives pay credit for the year which is not less than
the percentage of compensation determined in accordance with the following table:
‘‘If the participant’s age as of the
beginning of the year is—

The
percentage
is—
30 or less ................................................................................
2
Over 30 but less than 40 .......................................................
4
40 or over but less than 50 ...................................................
6
50 or over ...............................................................................
8.

‘‘(iv) YEARS OF SERVICE.—For purposes of this
subparagraph, years of service shall be determined
under the rules of paragraphs (1), (2), and (3) of section
203(b), except that the plan may not disregard any
year of service because of a participant making, or
failing to make, any elective deferral with respect to
the qualified cash or deferred arrangement to which
subparagraph (C) applies.
‘‘(C) CONTRIBUTION REQUIREMENTS.—
‘‘(i) IN GENERAL.—The contribution requirements
of this subparagraph with respect to any applicable
individual account plan forming part of an eligible
combined plan are met if—
‘‘(I) the qualified cash or deferred arrangement
included in such plan constitutes an automatic
contribution arrangement, and
‘‘(II) the employer is required to make
matching contributions on behalf of each employee
eligible to participate in the arrangement in an
amount equal to 50 percent of the elective contributions of the employee to the extent such elective
contributions do not exceed 4 percent of compensation.
Rules similar to the rules of clauses (ii) and (iii) of
section 401(k)(12)(B) of the Internal Revenue Code of
1986 shall apply for purposes of this clause.
‘‘(ii) NONELECTIVE CONTRIBUTIONS.—An applicable
individual account plan shall not be treated as failing
to meet the requirements of clause (i) because the
employer makes nonelective contributions under the
plan but such contributions shall not be taken into
account in determining whether the requirements of
clause (i)(II) are met.
‘‘(D) VESTING REQUIREMENTS.—The vesting requirements of this subparagraph are met if—
‘‘(i) in the case of a defined benefit plan forming
part of an eligible combined plan an employee who
has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s
accrued benefit under the plan derived from employer
contributions, and
‘‘(ii) in the case of an applicable individual account
plan forming part of eligible combined plan—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00267

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

APPS06

PsN: PUBL280

120 STAT. 1046

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(I) an employee has a nonforfeitable right
to any matching contribution made under the
qualified cash or deferred arrangement included
in such plan by an employer with respect to any
elective contribution, including matching contributions in excess of the contributions required under
subparagraph (C)(i)(II), and
‘‘(II) an employee who has completed at least
3 years of service has a nonforfeitable right to
100 percent of the employee’s accrued benefit
derived under the arrangement from nonelective
contributions of the employer.
For purposes of this subparagraph, the rules of section
203 shall apply to the extent not inconsistent with
this subparagraph.
‘‘(E) UNIFORM PROVISION OF CONTRIBUTIONS AND BENEFITS.—In the case of a defined benefit plan or applicable
individual account plan forming part of an eligible combined plan, the requirements of this subparagraph are
met if all contributions and benefits under each such plan,
and all rights and features under each such plan, must
be provided uniformly to all participants.
‘‘(F) REQUIREMENTS MUST BE MET WITHOUT TAKING INTO

Applicability.

ACCOUNT SOCIAL SECURITY AND SIMILAR CONTRIBUTIONS AND
BENEFITS OR OTHER PLANS.—
‘‘(i) IN GENERAL.—The requirements of this

subparagraph are met if the requirements of clauses
(ii) and (iii) are met.
‘‘(ii) SOCIAL SECURITY AND SIMILAR CONTRIBUTIONS.—The requirements of this clause are met if—
‘‘(I) the requirements of subparagraphs (B) and
(C) are met without regard to section 401(l) of
the Internal Revenue Code of 1986, and
‘‘(II) the requirements of sections 401(a)(4) and
410(b) of the Internal Revenue Code of 1986 are
met with respect to both the applicable defined
contribution plan and defined benefit plan forming
part of an eligible combined plan without regard
to section 401(l) of the Internal Revenue Code
of 1986.
‘‘(iii) OTHER PLANS AND ARRANGEMENTS.—The
requirements of this clause are met if the applicable
defined contribution plan and defined benefit plan
forming part of an eligible combined plan meet the
requirements of sections 401(a)(4) and 410(b) of the
Internal Revenue Code of 1986 without being combined
with any other plan.
‘‘(3) NONDISCRIMINATION REQUIREMENTS FOR QUALIFIED
CASH OR DEFERRED ARRANGEMENT.—
‘‘(A) IN GENERAL.—A qualified cash or deferred
arrangement which is included in an applicable individual
account plan forming part of an eligible combined plan
shall be treated as meeting the requirements of section
401(k)(3)(A)(ii) of the Internal Revenue Code of 1986 if
the requirements of paragraph (2) are met with respect
to such arrangement.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00268

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1047

‘‘(B) MATCHING CONTRIBUTIONS.—In applying section
401(m)(11) of such Code to any matching contribution with
respect to a contribution to which paragraph (2)(C) applies,
the contribution requirement of paragraph (2)(C) and the
notice requirements of paragraph (5)(B) shall be substituted
for the requirements otherwise applicable under clauses
(i) and (ii) of section 401(m)(11)(A) of such Code.
‘‘(4) AUTOMATIC CONTRIBUTION ARRANGEMENT.—For purposes of this subsection—
‘‘(A) IN GENERAL.—A qualified cash or deferred
arrangement shall be treated as an automatic contribution
arrangement if the arrangement—
‘‘(i) provides that each employee eligible to participate in the arrangement is treated as having elected
to have the employer make elective contributions in
an amount equal to 4 percent of the employee’s compensation unless the employee specifically elects not
to have such contributions made or to have such contributions made at a different rate, and
‘‘(ii) meets the notice requirements under subparagraph (B).
‘‘(B) NOTICE REQUIREMENTS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if the requirements of clauses
(ii) and (iii) are met.
‘‘(ii) REASONABLE PERIOD TO MAKE ELECTION.—The
requirements of this clause are met if each employee
to whom subparagraph (A)(i) applies—
‘‘(I) receives a notice explaining the employee’s
right under the arrangement to elect not to have
elective contributions made on the employee’s
behalf or to have the contributions made at a
different rate, and
‘‘(II) has a reasonable period of time after
receipt of such notice and before the first elective
contribution is made to make such election.
‘‘(iii) ANNUAL NOTICE OF RIGHTS AND OBLIGATIONS.—The requirements of this clause are met if
each employee eligible to participate in the arrangement is, within a reasonable period before any year,
given notice of the employee’s rights and obligations
under the arrangement.
The requirements of this subparagraph shall not be treated
as met unless the requirements of clauses (i) and (ii) of
section 401(k)(12)(D) of the Internal Revenue Code of 1986
are met with respect to the notices described in clauses
(ii) and (iii) of this subparagraph.
‘‘(5) COORDINATION WITH OTHER REQUIREMENTS.—
‘‘(A) TREATMENT OF SEPARATE PLANS.—The except
clause in section 3(35) shall not apply to an eligible combined plan.
‘‘(B) REPORTING.—An eligible combined plan shall be
treated as a single plan for purposes of section 103.
‘‘(6) APPLICABLE INDIVIDUAL ACCOUNT PLAN.—For purposes
of this subsection—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00269

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1048

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(A) IN GENERAL.—The term ‘applicable individual
account plan’ means an individual account plan which
includes a qualified cash or deferred arrangement.
‘‘(B) QUALIFIED CASH OR DEFERRED ARRANGEMENT.—
The term ‘qualified cash or deferred arrangement’ has the
meaning given such term by section 401(k)(2) of the
Internal Revenue Code of 1986.’’.
(2) CONFORMING CHANGES.—
(A) The heading for section 210 of such Act is amended
to read as follows:

29 USC 1060.

‘‘SEC. 210. MULTIPLE EMPLOYER PLANS AND OTHER SPECIAL RULES.’’.

(B) The table of contents in section 1 of such Act
is amended by striking the item relating to section 210
and inserting the following new item:
‘‘Sec. 210. Multiple employer plans and other special rules.’’.
26 USC 414 note.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2009.
SEC. 904. FASTER VESTING OF EMPLOYER NONELECTIVE CONTRIBUTIONS.

(a) AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.—
(1) IN GENERAL.—Paragraph (2) of section 411(a) of the
Internal Revenue Code of 1986 (relating to employer contributions) is amended to read as follows:
‘‘(2) EMPLOYER CONTRIBUTIONS.—
‘‘(A) DEFINED BENEFIT PLANS.—
‘‘(i) IN GENERAL.—In the case of a defined benefit
plan, a plan satisfies the requirements of this paragraph if it satisfies the requirements of clause (ii)
or (iii).
‘‘(ii) 5-YEAR VESTING.—A plan satisfies the requirements of this clause if an employee who has completed
at least 5 years of service has a nonforfeitable right
to 100 percent of the employee’s accrued benefit derived
from employer contributions.
‘‘(iii) 3 TO 7 YEAR VESTING.—A plan satisfies the
requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee’s
accrued benefit derived from employer contributions
determined under the following table:

26 USC 411.

‘‘Years of service:
3
4
5
6
7

The
nonforfeitable
percentage is:
..............................................................................................
20
..............................................................................................
40
..............................................................................................
60
..............................................................................................
80
or more ................................................................................
100.

‘‘(B) DEFINED CONTRIBUTION PLANS.—
‘‘(i) IN GENERAL.—In the case of a defined contribution plan, a plan satisfies the requirements of this
paragraph if it satisfies the requirements of clause
(ii) or (iii).
‘‘(ii) 3-YEAR VESTING.—A plan satisfies the requirements of this clause if an employee who has completed
at least 3 years of service has a nonforfeitable right

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00270

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1049

to 100 percent of the employee’s accrued benefit derived
from employer contributions.
‘‘(iii) 2 TO 6 YEAR VESTING.—A plan satisfies the
requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee’s
accrued benefit derived from employer contributions
determined under the following table:
‘‘Years of service:
2
3
4
5
6

The
nonforfeitable
percentage is:
.............................................................................................. 20
.............................................................................................. 40
.............................................................................................. 60
.............................................................................................. 80
or more ................................................................................ 100.’’.

(2) CONFORMING AMENDMENT.—Section 411(a) of such Code
(relating to general rule for minimum vesting standards) is
amended by striking paragraph (12).
(b) AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—
(1) IN GENERAL.—Paragraph (2) of section 203(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1053(a)(2)) is amended to read as follows:
‘‘(2)(A)(i) In the case of a defined benefit plan, a plan
satisfies the requirements of this paragraph if it satisfies the
requirements of clause (ii) or (iii).
‘‘(ii) A plan satisfies the requirements of this clause if
an employee who has completed at least 5 years of service
has a nonforfeitable right to 100 percent of the employee’s
accrued benefit derived from employer contributions.
‘‘(iii) A plan satisfies the requirements of this clause if
an employee has a nonforfeitable right to a percentage of the
employee’s accrued benefit derived from employer contributions
determined under the following table:
‘‘Years of service:
3
4
5
6
7

The
nonforfeitable
percentage is:
..............................................................................................
20
..............................................................................................
40
..............................................................................................
60
..............................................................................................
80
or more ................................................................................
100.

‘‘(B)(i) In the case of an individual account plan, a plan
satisfies the requirements of this paragraph if it satisfies the
requirements of clause (ii) or (iii).
‘‘(ii) A plan satisfies the requirements of this clause if
an employee who has completed at least 3 years of service
has a nonforfeitable right to 100 percent of the employee’s
accrued benefit derived from employer contributions.
‘‘(iii) A plan satisfies the requirements of this clause if
an employee has a nonforfeitable right to a percentage of the
employee’s accrued benefit derived from employer contributions
determined under the following table:
‘‘Years of service:

The
nonforfeitable
percentage is:
2 .............................................................................................. 20
3 .............................................................................................. 40
4 .............................................................................................. 60

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00271

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1050

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘Years of service:

The
nonforfeitable
percentage is:
5 .............................................................................................. 80
6 or more ................................................................................ 100.’’.

(2) CONFORMING AMENDMENT.—Section 203(a) of such Act
is amended by striking paragraph (4).
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraphs (2)
and (4), the amendments made by this section shall apply
to contributions for plan years beginning after December 31,
2006.
(2) COLLECTIVE BARGAINING AGREEMENTS.—In the case of
a plan maintained pursuant to one or more collective bargaining
agreements between employee representatives and one or more
employers ratified before the date of the enactment of this
Act, the amendments made by this section shall not apply
to contributions on behalf of employees covered by any such
agreement for plan years beginning before the earlier of—
(A) the later of—
(i) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof on or after such date
of the enactment); or
(ii) January 1, 2007; or
(B) January 1, 2009.
(3) SERVICE REQUIRED.—With respect to any plan, the
amendments made by this section shall not apply to any
employee before the date that such employee has 1 hour of
service under such plan in any plan year to which the amendments made by this section apply.
(4) SPECIAL RULE FOR STOCK OWNERSHIP PLANS.—Notwithstanding paragraph (1) or (2), in the case of an employee
stock ownership plan (as defined in section 4975(e)(7) of the
Internal Revenue Code of 1986) which had outstanding on
September 26, 2005, a loan incurred for the purpose of acquiring
qualifying employer securities (as defined in section 4975(e)(8)
of such Code), the amendments made by this section shall
not apply to any plan year beginning before the earlier of—
(A) the date on which the loan is fully repaid, or
(B) the date on which the loan was, as of September
26, 2005, scheduled to be fully repaid.

26 USC 411 note.

SEC. 905. DISTRIBUTIONS DURING WORKING RETIREMENT.

(a) AMENDMENT TO THE EMPLOYEE RETIREMENT INCOME SECUACT OF 1974.—Subparagraph (A) of section 3(2) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)) is amended by adding at the end the following new sentence: ‘‘A distribution from a plan, fund, or program shall not
be treated as made in a form other than retirement income or
as a distribution prior to termination of covered employment solely
because such distribution is made to an employee who has attained
age 62 and who is not separated from employment at the time
of such distribution.’’.
(b) AMENDMENT TO THE INTERNAL REVENUE CODE OF 1986.—
Subsection (a) of section 401 of the Internal Revenue Code of
1986 (as amended by this Act) is amended by inserting after paragraph (35) the following new paragraph:
RITY

26 USC 401.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00272

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1051

‘‘(36) DISTRIBUTIONS DURING WORKING RETIREMENT.—A
trust forming part of a pension plan shall not be treated as
failing to constitute a qualified trust under this section solely
because the plan provides that a distribution may be made
from such trust to an employee who has attained age 62 and
who is not separated from employment at the time of such
distribution.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions in plan years beginning after December
31, 2006.

26 USC 401 note.

SEC. 906. TREATMENT OF CERTAIN PENSION PLANS OF INDIAN TRIBAL
GOVERNMENTS.

(a) DEFINITION OF GOVERNMENT PLAN TO INCLUDE CERTAIN
PENSION PLANS OF INDIAN TRIBAL GOVERNMENTS.—
(1) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.—
Section 414(d) of the Internal Revenue Code of 1986 (defining
governmental plan) is amended by adding at the end the following: ‘‘The term ‘governmental plan’ includes a plan which
is established and maintained by an Indian tribal government
(as defined in section 7701(a)(40)), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d)), or an agency or instrumentality of either, and all
of the participants of which are employees of such entity
substantially all of whose services as such an employee are
in the performance of essential governmental functions but
not in the performance of commercial activities (whether or
not an essential government function).’’.
(2) AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—
(A) Section 3(32) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(32)) is amended by
adding at the end the following: ‘‘The term ‘governmental
plan’ includes a plan which is established and maintained
by an Indian tribal government (as defined in section
7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in
accordance with section 7871(d) of such Code), or an agency
or instrumentality of either, and all of the participants
of which are employees of such entity substantially all
of whose services as such an employee are in the performance of essential governmental functions but not in the
performance of commercial activities (whether or not an
essential government function)’’.
(B) Section 4021(b)(2) of such Act is amended by adding
at the end the following: ‘‘or which is described in the
last sentence of section 3(32)’’.
(b) CLARIFICATION THAT TRIBAL GOVERNMENTS ARE SUBJECT
TO THE SAME PENSION PLAN RULES AND REGULATIONS APPLIED
TO STATE AND OTHER LOCAL GOVERNMENTS AND THEIR POLICE
AND FIREFIGHTERS.—
(1) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.—
(A) POLICE AND FIREFIGHTERS.—Subparagraph (H) section 415(b)(2) of the Internal Revenue Code of 1986
(defining participant) is amended—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00273

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 414.

29 USC 1321.

26 USC 415.

APPS06

PsN: PUBL280

120 STAT. 1052

26 USC 415.

26 USC 414 note.

PUBLIC LAW 109–280—AUG. 17, 2006

(i) in clause (i), by striking ‘‘State or political subdivision’’ and inserting ‘‘State, Indian tribal government (as defined in section 7701(a)(40)), or any political
subdivision’’; and
(ii) in clause (ii)(I), by striking ‘‘State or political
subdivision’’ each place it appears and inserting ‘‘State,
Indian tribal government (as so defined), or any political subdivision’’.
(B) STATE AND LOCAL GOVERNMENT PLANS.—
(i) IN GENERAL.—Subparagraph (A) of section
415(b)(10) of such Code (relating to limitation to equal
accrued benefit) is amended by inserting ‘‘or a governmental plan described in the last sentence of section
414(d) (relating to plans of Indian tribal governments),’’
after ‘‘foregoing,’’.
(ii) CONFORMING AMENDMENT.—The heading of
paragraph (1) of section 415(b) of such Code is amended
by striking ‘‘SPECIAL RULE FOR STATE AND’’ and
inserting ‘‘SPECIAL RULE FOR STATE, INDIAN TRIBAL,
AND’’.
(C) GOVERNMENT PICK UP CONTRIBUTIONS.—Paragraph
(2) of section 414(h) of such Code (relating to designation
by units of government) is amended by inserting ‘‘or a
governmental plan described in the last sentence of section
414(d) (relating to plans of Indian tribal governments),’’
after ‘‘foregoing,’’.
(2) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 4021(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1321(b)) is amended—
(A) in paragraph (12), by striking ‘‘or’’ at the end;
(B) in paragraph (13), by striking ‘‘plan.’’ and inserting
‘‘plan; or’’; and
(C) by adding at the end the following:
‘‘(14) established and maintained by an Indian tribal
government (as defined in section 7701(a)(40) of the Internal
Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such
Code), or an agency or instrumentality of either, and all of
the participants of which are employees of such entity substantially all of whose services as such an employee are in the
performance of essential governmental functions but not in
the performance of commercial activities (whether or not an
essential government function).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to any year beginning on or after the date of the
enactment of this Act.

TITLE X—PROVISIONS RELATING TO
SPOUSAL PENSION PROTECTION
SEC. 1001. REGULATIONS ON TIME AND ORDER OF ISSUANCE OF
DOMESTIC RELATIONS ORDERS.
Deadline.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Not later than 1 year after the date of the enactment of this
Act, the Secretary of Labor shall issue regulations under section
206(d)(3) of the Employee Retirement Security Act of 1974 and

Jkt 049139

PO 00280

Frm 00274

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1053

section 414(p) of the Internal Revenue Code of 1986 which clarify
that—
(1) a domestic relations order otherwise meeting the
requirements to be a qualified domestic relations order,
including the requirements of section 206(d)(3)(D) of such Act
and section 414(p)(3) of such Code, shall not fail to be treated
as a qualified domestic relations order solely because—
(A) the order is issued after, or revises, another
domestic relations order or qualified domestic relations
order; or
(B) of the time at which it is issued; and
(2) any order described in paragraph (1) shall be subject
to the same requirements and protections which apply to qualified domestic relations orders, including the provisions of section 206(d)(3)(H) of such Act and section 414(p)(7) of such
Code.
SEC. 1002. ENTITLEMENT OF DIVORCED SPOUSES TO RAILROAD
RETIREMENT ANNUITIES INDEPENDENT OF ACTUAL
ENTITLEMENT OF EMPLOYEE.

(a) IN GENERAL.—Section 2 of the Railroad Retirement Act
of 1974 (45 U.S.C. 231a) is amended—
(1) in subsection (c)(4)(i), by striking ‘‘(A) is entitled to
an annuity under subsection (a)(1) and (B)’’; and
(2) in subsection (e)(5), by striking ‘‘or divorced wife’’ the
second place it appears.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect 1 year after the date of the enactment of this
Act.

45 USC 231a
note.

SEC. 1003. EXTENSION OF TIER II RAILROAD RETIREMENT BENEFITS
TO SURVIVING FORMER SPOUSES PURSUANT TO
DIVORCE AGREEMENTS.

(a) IN GENERAL.—Section 5 of the Railroad Retirement Act
of 1974 (45 U.S.C. 231d) is amended by adding at the end the
following:
‘‘(d) Notwithstanding any other provision of law, the payment
of any portion of an annuity computed under section 3(b) to a
surviving former spouse in accordance with a court decree of divorce,
annulment, or legal separation or the terms of any court-approved
property settlement incident to any such court decree shall not
be terminated upon the death of the individual who performed
the service with respect to which such annuity is so computed
unless such termination is otherwise required by the terms of
such court decree.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect 1 year after the date of the enactment of this
Act.

45 USC 231d
note.

SEC. 1004. REQUIREMENT FOR ADDITIONAL SURVIVOR ANNUITY
OPTION.

(a) AMENDMENTS TO INTERNAL REVENUE CODE.—
(1) ELECTION OF SURVIVOR ANNUITY.—Section 417(a)(1)(A)
of the Internal Revenue Code of 1986 is amended—
(A) in clause (i), by striking ‘‘, and’’ and inserting
a comma;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00275

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 417.

APPS06

PsN: PUBL280

120 STAT. 1054

26 USC 417.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(ii) if the participant elects a waiver under clause
(i), may elect the qualified optional survivor annuity at
any time during the applicable election period, and’’.
(2) DEFINITION.—Section 417 of such Code is amended by
adding at the end the following:
‘‘(g) DEFINITION OF QUALIFIED OPTIONAL SURVIVOR ANNUITY.—
‘‘(1) IN GENERAL.—For purposes of this section, the term
‘qualified optional survivor annuity’ means an annuity—
‘‘(A) for the life of the participant with a survivor
annuity for the life of the spouse which is equal to the
applicable percentage of the amount of the annuity which
is payable during the joint lives of the participant and
the spouse, and
‘‘(B) which is the actuarial equivalent of a single
annuity for the life of the participant.
Such term also includes any annuity in a form having the
effect of an annuity described in the preceding sentence.
‘‘(2) APPLICABLE PERCENTAGE.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), if
the survivor annuity percentage—
‘‘(i) is less than 75 percent, the applicable percentage is 75 percent, and
‘‘(ii) is greater than or equal to 75 percent, the
applicable percentage is 50 percent.
‘‘(B) SURVIVOR ANNUITY PERCENTAGE.—For purposes of
subparagraph (A), the term ‘survivor annuity percentage’
means the percentage which the survivor annuity under
the plan’s qualified joint and survivor annuity bears to
the annuity payable during the joint lives of the participant
and the spouse.’’.
(3) NOTICE.—Section 417(a)(3)(A)(i) of such Code is
amended by inserting ‘‘and of the qualified optional survivor
annuity’’ after ‘‘annuity’’.
(b) AMENDMENTS TO ERISA.—
(1) ELECTION OF SURVIVOR ANNUITY.—Section 205(c)(1)(A)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1055(c)(1)(A)) is amended—
(A) in clause (i), by striking ‘‘, and’’ and inserting
a comma;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
‘‘(ii) if the participant elects a waiver under clause
(i), may elect the qualified optional survivor annuity at
any time during the applicable election period, and’’.
(2) DEFINITION.—Section 205(d) of such Act (29 U.S.C.
1055(d)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and
(C) by adding at the end the following:
‘‘(2)(A) For purposes of this section, the term ‘qualified optional
survivor annuity’ means an annuity—
‘‘(i) for the life of the participant with a survivor annuity
for the life of the spouse which is equal to the applicable
percentage of the amount of the annuity which is payable
during the joint lives of the participant and the spouse, and

Jkt 049139

PO 00280

Frm 00276

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1055

‘‘(ii) which is the actuarial equivalent of a single annuity
for the life of the participant.
Such term also includes any annuity in a form having the effect
of an annuity described in the preceding sentence.
‘‘(B)(i) For purposes of subparagraph (A), if the survivor annuity
percentage—
‘‘(I) is less than 75 percent, the applicable percentage is
75 percent, and
‘‘(II) is greater than or equal to 75 percent, the applicable
percentage is 50 percent.
‘‘(ii) For purposes of clause (i), the term ‘survivor annuity
percentage’ means the percentage which the survivor annuity under
the plan’s qualified joint and survivor annuity bears to the annuity
payable during the joint lives of the participant and the spouse.’’.
(3) NOTICE.—Section 205(c)(3)(A)(i) of such Act (29 U.S.C.
1055(c)(3)(A)(i)) is amended by inserting ‘‘and of the qualified
optional survivor annuity’’ after ‘‘annuity’’.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2007.
(2) SPECIAL RULE FOR COLLECTIVELY BARGAINED PLANS.—
In the case of a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and
1 or more employers ratified on or before the date of the
enactment of this Act, the amendments made by this section
shall not apply to plan years beginning before the earlier of—
(A) the later of—
(i) January 1, 2008, or
(ii) the date on which the last collective bargaining
agreement related to the plan terminates (determined
without regard to any extension thereof after the date
of enactment of this Act), or
(B) January 1, 2009.

26 USC 417 note.

TITLE XI—ADMINISTRATIVE
PROVISIONS
SEC. 1101. EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM.

(a) IN GENERAL.—The Secretary of the Treasury shall have
full authority to establish and implement the Employee Plans
Compliance Resolution System (or any successor program) and any
other employee plans correction policies, including the authority
to waive income, excise, or other taxes to ensure that any tax,
penalty, or sanction is not excessive and bears a reasonable relationship to the nature, extent, and severity of the failure.
(b) IMPROVEMENTS.—The Secretary of the Treasury shall continue to update and improve the Employee Plans Compliance Resolution System (or any successor program), giving special attention
to—
(1) increasing the awareness and knowledge of small
employers concerning the availability and use of the program;
(2) taking into account special concerns and circumstances
that small employers face with respect to compliance and correction of compliance failures;

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00277

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Establishment.
29 USC 1202a.

APPS06

PsN: PUBL280

120 STAT. 1056

PUBLIC LAW 109–280—AUG. 17, 2006
(3) extending the duration of the self-correction period
under the Self-Correction Program for significant compliance
failures;
(4) expanding the availability to correct insignificant
compliance failures under the Self-Correction Program during
audit; and
(5) assuring that any tax, penalty, or sanction that is
imposed by reason of a compliance failure is not excessive
and bears a reasonable relationship to the nature, extent, and
severity of the failure.

SEC. 1102. NOTICE AND CONSENT PERIOD REGARDING DISTRIBUTIONS.

26 USC 417.

26 USC 417 note.

26 USC 417 note.

Deadline.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

(a) EXPANSION OF PERIOD.—
(1) AMENDMENT OF INTERNAL REVENUE CODE.—
(A) IN GENERAL.—Section 417(a)(6)(A) of the Internal
Revenue Code of 1986 is amended by striking ‘‘90-day’’
and inserting ‘‘180-day’’.
(B) MODIFICATION OF REGULATIONS.—The Secretary of
the Treasury shall modify the regulations under sections
402(f), 411(a)(11), and 417 of the Internal Revenue Code
of 1986 by substituting ‘‘180 days’’ for ‘‘90 days’’ each place
it appears in Treasury Regulations sections 1.402(f)–1,
1.411(a)–11(c), and 1.417(e)–1(b).
(2) AMENDMENT OF ERISA.—
(A) IN GENERAL.—Section 205(c)(7)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1055(c)(7)(A)) is amended by striking ‘‘90-day’’ and inserting
‘‘180-day’’.
(B) MODIFICATION OF REGULATIONS.—The Secretary of
the Treasury shall modify the regulations under part 2
of subtitle B of title I of the Employee Retirement Income
Security Act of 1974 relating to sections 203(e) and 205
of such Act by substituting ‘‘180 days’’ for ‘‘90 days’’ each
place it appears.
(3) EFFECTIVE DATE.—The amendments and modifications
made or required by this subsection shall apply to years beginning after December 31, 2006.
(b) NOTIFICATION OF RIGHT TO DEFER.—
(1) IN GENERAL.—The Secretary of the Treasury shall
modify the regulations under section 411(a)(11) of the Internal
Revenue Code of 1986 and under section 205 of the Employee
Retirement Income Security Act of 1974 to provide that the
description of a participant’s right, if any, to defer receipt
of a distribution shall also describe the consequences of failing
to defer such receipt.
(2) EFFECTIVE DATE.—
(A) IN GENERAL.—The modifications required by paragraph (1) shall apply to years beginning after December
31, 2006.
(B) REASONABLE NOTICE.—A plan shall not be treated
as failing to meet the requirements of section 411(a)(11)
of such Code or section 205 of such Act with respect to
any description of consequences described in paragraph
(1) made within 90 days after the Secretary of the Treasury
issues the modifications required by paragraph (1) if the

PO 00280

Frm 00278

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1057

plan administrator makes a reasonable attempt to comply
with such requirements.
SEC. 1103. REPORTING SIMPLIFICATION.

(a) SIMPLIFIED ANNUAL FILING REQUIREMENT FOR OWNERS AND
THEIR SPOUSES.—
(1) IN GENERAL.—The Secretary of the Treasury shall
modify the requirements for filing annual returns with respect
to one-participant retirement plans to ensure that such plans
with assets of $250,000 or less as of the close of the plan
year need not file a return for that year.
(2) ONE-PARTICIPANT RETIREMENT PLAN DEFINED.—For purposes of this subsection, the term ‘‘one-participant retirement
plan’’ means a retirement plan with respect to which the following requirements are met:
(A) on the first day of the plan year—
(i) the plan covered only one individual (or the
individual and the individual’s spouse) and the individual owned 100 percent of the plan sponsor (whether
or not incorporated), or
(ii) the plan covered only one or more partners
(or partners and their spouses) in the plan sponsor;
(B) the plan meets the minimum coverage requirements of section 410(b) of the Internal Revenue Code of
1986 without being combined with any other plan of the
business that covers the employees of the business;
(C) the plan does not provide benefits to anyone except
the individual (and the individual’s spouse) or the partners
(and their spouses);
(D) the plan does not cover a business that is a member
of an affiliated service group, a controlled group of corporations, or a group of businesses under common control;
and
(E) the plan does not cover a business that uses the
services of leased employees (within the meaning of section
414(n) of such Code).
For purposes of this paragraph, the term ‘‘partner’’ includes
a 2-percent shareholder (as defined in section 1372(b) of such
Code) of an S corporation.
(3) OTHER DEFINITIONS.—Terms used in paragraph (2)
which are also used in section 414 of the Internal Revenue
Code of 1986 shall have the respective meanings given such
terms by such section.
(4) EFFECTIVE DATE.—The provisions of this subsection
shall apply to plan years beginning on or after January 1,
2007.
(b) SIMPLIFIED ANNUAL FILING REQUIREMENT FOR PLANS WITH
FEWER THAN 25 PARTICIPANTS.—In the case of plan years beginning
after December 31, 2006, the Secretary of the Treasury and the
Secretary of Labor shall provide for the filing of a simplified annual
return for any retirement plan which covers less than 25 participants on the first day of a plan year and which meets the requirements described in subparagraphs (B), (D), and (E) of subsection
(a)(2).

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00279

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 6058
note.

APPS06

PsN: PUBL280

120 STAT. 1058

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1104. VOLUNTARY EARLY RETIREMENT INCENTIVE AND EMPLOYMENT RETENTION PLANS MAINTAINED BY LOCAL EDUCATIONAL AGENCIES AND OTHER ENTITIES.

(a) VOLUNTARY EARLY RETIREMENT INCENTIVE PLANS.—
(1) TREATMENT AS PLAN PROVIDING SEVERANCE PAY.—Section 457(e)(11) of the Internal Revenue Code of 1986 (relating
to certain plans excluded) is amended by adding at the end
the following new subparagraph:
‘‘(D) CERTAIN VOLUNTARY EARLY RETIREMENT INCENTIVE PLANS.—
‘‘(i) IN GENERAL.—If an applicable voluntary early
retirement incentive plan—
‘‘(I) makes payments or supplements as an
early retirement benefit, a retirement-type subsidy, or a benefit described in the last sentence
of section 411(a)(9), and
‘‘(II) such payments or supplements are made
in coordination with a defined benefit plan which
is described in section 401(a) and includes a trust
exempt from tax under section 501(a) and which
is maintained by an eligible employer described
in paragraph (1)(A) or by an education association
described in clause (ii)(II),
such applicable plan shall be treated for purposes of
subparagraph (A)(i) as a bona fide severance pay plan
with respect to such payments or supplements to the
extent such payments or supplements could otherwise
have been provided under such defined benefit plan
(determined as if section 411 applied to such defined
benefit plan).
‘‘(ii) APPLICABLE VOLUNTARY EARLY RETIREMENT
INCENTIVE PLAN.—For purposes of this subparagraph,
the term ‘applicable voluntary early retirement incentive plan’ means a voluntary early retirement incentive
plan maintained by—
‘‘(I) a local educational agency (as defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)), or
‘‘(II) an education association which principally
represents employees of 1 or more agencies
described in subclause (I) and which is described
in section 501(c) (5) or (6) and exempt from tax
under section 501(a).’’.
(2) AGE DISCRIMINATION IN EMPLOYMENT ACT.—Section
4(l)(1) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 623(l)(1)) is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’,
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively,
(C) by redesignating clauses (i) and (ii) of subparagraph
(B) (as in effect before the amendments made by subparagraph (B)) as subclauses (I) and (II), respectively, and
(D) by adding at the end the following:
‘‘(B) A voluntary early retirement incentive plan that—
‘‘(i) is maintained by—

26 USC 457.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00280

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1059

‘‘(I) a local educational agency (as defined in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801), or
‘‘(II) an education association which principally
represents employees of 1 or more agencies described
in subclause (I) and which is described in section 501(c)
(5) or (6) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such
Code, and
‘‘(ii) makes payments or supplements described in subclauses (I) and (II) of subparagraph (A)(ii) in coordination
with a defined benefit plan (as so defined) maintained
by an eligible employer described in section 457(e)(1)(A)
of such Code or by an education association described in
clause (i)(II),
shall be treated solely for purposes of subparagraph (A)(ii)
as if it were a part of the defined benefit plan with respect
to such payments or supplements. Payments or supplements
under such a voluntary early retirement incentive plan shall
not constitute severance pay for purposes of paragraph (2).’’.
(b) EMPLOYMENT RETENTION PLANS.—
(1) IN GENERAL.—Section 457(f)(2) of the Internal Revenue
Code of 1986 (relating to exceptions) is amended by striking
‘‘and’’ at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ‘‘, and’’, and
by adding at the end the following:
‘‘(F) that portion of any applicable employment retention plan described in paragraph (4) with respect to any
participant.’’.
(2) DEFINITIONS AND RULES RELATING TO EMPLOYMENT
RETENTION PLANS.—Section 457(f) of such Code is amended
by adding at the end the following new paragraph:
‘‘(4) EMPLOYMENT RETENTION PLANS.—For purposes of paragraph (2)(F)—
‘‘(A) IN GENERAL.—The portion of an applicable employment retention plan described in this paragraph with
respect to any participant is that portion of the plan which
provides benefits payable to the participant not in excess
of twice the applicable dollar limit determined under subsection (e)(15).
‘‘(B) OTHER RULES.—
‘‘(i) LIMITATION.—Paragraph (2)(F) shall only apply
to the portion of the plan described in subparagraph
(A) for years preceding the year in which such portion
is paid or otherwise made available to the participant.
‘‘(ii) TREATMENT.—A plan shall not be treated for
purposes of this title as providing for the deferral of
compensation for any year with respect to the portion
of the plan described in subparagraph (A).
‘‘(C) APPLICABLE EMPLOYMENT RETENTION PLAN.—The
term ‘applicable employment retention plan’ means an
employment retention plan maintained by—
‘‘(i) a local educational agency (as defined in section
9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801), or
‘‘(ii) an education association which principally represents employees of 1 or more agencies described in

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00281

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 457.

Applicability.

APPS06

PsN: PUBL280

120 STAT. 1060

26 USC 457 note.

PUBLIC LAW 109–280—AUG. 17, 2006

clause (i) and which is described in section 501(c) (5)
or (6) and exempt from taxation under section 501(a).
‘‘(D) EMPLOYMENT RETENTION PLAN.—The term
‘employment retention plan’ means a plan to pay, upon
termination of employment, compensation to an employee
of a local educational agency or education association
described in subparagraph (C) for purposes of—
‘‘(i) retaining the services of the employee, or
‘‘(ii) rewarding such employee for the employee’s
service with 1 or more such agencies or associations.’’.
(c) COORDINATION WITH ERISA.—Section 3(2)(B) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)(B)) is amended by adding at the end the following: ‘‘An
applicable voluntary early retirement incentive plan (as defined
in section 457(e)(11)(D)(ii) of the Internal Revenue Code of 1986)
making payments or supplements described in section
457(e)(11)(D)(i) of such Code, and an applicable employment retention plan (as defined in section 457(f)(4)(C) of such Code) making
payments of benefits described in section 457(f)(4)(A) of such Code,
shall, for purposes of this title, be treated as a welfare plan (and
not a pension plan) with respect to such payments and supplements.’’.
(d) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this Act shall
take effect on the date of the enactment of this Act.
(2) TAX AMENDMENTS.—The amendments made by subsections (a)(1) and (b) shall apply to taxable years ending after
the date of the enactment of this Act.
(3) ERISA AMENDMENTS.—The amendment made by subsection (c) shall apply to plan years ending after the date
of the enactment of this Act.
(4) CONSTRUCTION.—Nothing in the amendments made by
this section shall alter or affect the construction of the Internal
Revenue Code of 1986, the Employee Retirement Income Security Act of 1974, or the Age Discrimination in Employment
Act of 1967 as applied to any plan, arrangement, or conduct
to which such amendments do not apply.
SEC. 1105. NO REDUCTION IN UNEMPLOYMENT COMPENSATION AS
A RESULT OF PENSION ROLLOVERS.

26 USC 3304.

26 USC 3304
note.

(a) IN GENERAL.—Section 3304(a) of the Internal Revenue Code
of 1986 (relating to requirements for State unemployment laws)
is amended by adding at the end the following new flush sentence:
‘‘Compensation shall not be reduced under paragraph (15) for any
pension, retirement or retired pay, annuity, or similar payment
which is not includible in gross income of the individual for the
taxable year in which paid because it was part of a rollover distribution.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to weeks beginning on or after the date of the enactment
of this Act.
SEC. 1106. REVOCATION OF ELECTION RELATING TO TREATMENT AS
MULTIEMPLOYER PLAN.

29 USC 1002.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

(a) AMENDMENT TO ERISA.—Section 3(37) of the Employee
Retirement Income Security Act of 1974 is amended by adding
at the end the following new subparagraph (G):

Jkt 049139

PO 00280

Frm 00282

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1061

‘‘(G)(i) Within 1 year after the enactment of the Pension
Protection Act of 2006—
‘‘(I) an election under subparagraph (E) may be
revoked, pursuant to procedures prescribed by the Pension
Benefit Guaranty Corporation, if, for each of the 3 plan
years prior to the date of the enactment of that Act, the
plan would have been a multiemployer plan but for the
election under subparagraph (E), and
‘‘(II) a plan that meets the criteria in clauses (i) and
(ii) of subparagraph (A) of this paragraph or that is
described in clause (vi) may, pursuant to procedures prescribed by the Pension Benefit Guaranty Corporation, elect
to be a multiemployer plan, if—
‘‘(aa) for each of the 3 plan years immediately
before the date of the enactment of the Pension Protection Act of 2006, the plan has met those criteria or
is so described,
‘‘(bb) substantially all of the plan’s employer contributions for each of those plan years were made
or required to be made by organizations that were
exempt from tax under section 501 of the Internal
Revenue Code of 1986, and
‘‘(cc) the plan was established prior to September
2, 1974.
‘‘(ii) An election under this paragraph shall be effective
for all purposes under this Act and under the Internal Revenue
Code of 1986, starting with the first plan year ending after
the date of the enactment of the Pension Protection Act of
2006.
‘‘(iii) Once made, an election under this paragraph shall
be irrevocable, except that a plan described in subclause (i)(II)
shall cease to be a multiemployer plan as of the plan year
beginning immediately after the first plan year for which the
majority of its employer contributions were made or required
to be made by organizations that were not exempt from tax
under section 501 of the Internal Revenue Code of 1986.
‘‘(iv) The fact that a plan makes an election under clause
(i)(II) does not imply that the plan was not a multiemployer
plan prior to the date of the election or would not be a multiemployer plan without regard to the election.
‘‘(v)(I) No later than 30 days before an election is made
under this paragraph, the plan administrator shall provide
notice of the pending election to each plan participant and
beneficiary, each labor organization representing such participants or beneficiaries, and each employer that has an obligation
to contribute to the plan, describing the principal differences
between the guarantee programs under title IV and the benefit
restrictions under this title for single employer and multiemployer plans, along with such other information as the plan
administrator chooses to include.
‘‘(II) Within 180 days after the date of enactment of the
Pension Protection Act of 2006, the Secretary shall prescribe
a model notice under this subparagraph.
‘‘(III) A plan administrator’s failure to provide the notice
required under this subparagraph shall be treated for purposes

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00283

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

Effective date.

Deadlines.
Notices.

APPS06

PsN: PUBL280

120 STAT. 1062

26 USC 414.

Deadline.

Effective date.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

of section 502(c)(2) as a failure or refusal by the plan administrator to file the annual report required to be filed with the
Secretary under section 101(b)(4).
‘‘(vi) A plan is described in this clause if it is a plan—
‘‘(I) that was established in Chicago, Illinois, on August
12, 1881; and
‘‘(II) sponsored by an organization described in section
501(c)(5) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.’’.
(b) AMENDMENT TO INTERNAL REVENUE CODE.—Subsection (f)
of section 414 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new paragraph (6):
‘‘(6) ELECTION WITH REGARD TO MULTIEMPLOYER STATUS.—
‘‘(A) Within 1 year after the enactment of the Pension
Protection Act of 2006—
‘‘(i) An election under paragraph (5) may be
revoked, pursuant to procedures prescribed by the Pension Benefit Guaranty Corporation, if, for each of the
3 plan years prior to the date of the enactment of
that Act, the plan would have been a multiemployer
plan but for the election under paragraph (5), and
‘‘(ii) a plan that meets the criteria in subparagraph
(A) and (B) of paragraph (1) of this subsection or that
is described in subparagraph (E) may, pursuant to
procedures prescribed by the Pension Benefit Guaranty
Corporation, elect to be a multiemployer plan, if—
‘‘(I) for each of the 3 plan years immediately
before the date of enactment of the Pension Protection Act of 2006, the plan has met those criteria
or is so described,
‘‘(II) substantially all of the plan’s employer
contributions for each of those plan years were
made or required to be made by organizations
that were exempt from tax under section 501, and
‘‘(III) the plan was established prior to September 2, 1974.
‘‘(B) An election under this paragraph shall be effective
for all purposes under this Act and under the Employee
Retirement Income Security Act of 1974, starting with the
first plan year ending after the date of the enactment
of the Pension Protection Act of 2006.
‘‘(C) Once made, an election under this paragraph shall
be irrevocable, except that a plan described in subparagraph (A)(ii) shall cease to be a multiemployer plan as
of the plan year beginning immediately after the first plan
year for which the majority of its employer contributions
were made or required to be made by organizations that
were not exempt from tax under section 501.
‘‘(D) The fact that a plan makes an election under
subparagraph (A)(ii) does not imply that the plan was
not a multiemployer plan prior to the date of the election
or would not be a multiemployer plan without regard to
the election.
‘‘(E) A plan is described in this subparagraph if it
is a plan—
‘‘(i) that was established in Chicago, Illinois, on
August 12, 1881; and

Jkt 049139

PO 00280

Frm 00284

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1063

‘‘(ii) sponsored by an organization described in section 501(c)(5) and exempt from tax under section
501(a).’’.
SEC. 1107. PROVISIONS RELATING TO PLAN AMENDMENTS.

(a) IN GENERAL.—If this section applies to any pension plan
or contract amendment—
(1) such pension plan or contract shall be treated as being
operated in accordance with the terms of the plan during the
period described in subsection (b)(2)(A), and
(2) except as provided by the Secretary of the Treasury,
such pension plan shall not fail to meet the requirements
of section 411(d)(6) of the Internal Revenue Code of 1986 and
section 204(g) of the Employee Retirement Income Security
Act of 1974 by reason of such amendment.
(b) AMENDMENTS TO WHICH SECTION APPLIES.—
(1) IN GENERAL.—This section shall apply to any amendment to any pension plan or annuity contract which is made—
(A) pursuant to any amendment made by this Act
or pursuant to any regulation issued by the Secretary
of the Treasury or the Secretary of Labor under this Act,
and
(B) on or before the last day of the first plan year
beginning on or after January 1, 2009.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), this paragraph
shall be applied by substituting ‘‘2011’’ for ‘‘2009’’.
(2) CONDITIONS.—This section shall not apply to any
amendment unless—
(A) during the period—
(i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes
effect (or in the case of a plan or contract amendment
not required by such legislative or regulatory amendment, the effective date specified by the plan), and
(ii) ending on the date described in paragraph
(1)(B) (or, if earlier, the date the plan or contract
amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in
effect; and
(B) such plan or contract amendment applies retroactively for such period.

26 USC 411 note.

Effective date.

TITLE XII—PROVISIONS RELATING TO
EXEMPT ORGANIZATIONS
Subtitle A—Charitable Giving Incentives
SEC. 1201. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.

(a) IN GENERAL.—Subsection (d) of section 408 (relating to
individual retirement accounts) is amended by adding at the end
the following new paragraph:
‘‘(8) DISTRIBUTIONS FOR CHARITABLE PURPOSES.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00285

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 408.

APPS06

PsN: PUBL280

120 STAT. 1064

26 USC 6034.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(A) IN GENERAL.—So much of the aggregate amount
of qualified charitable distributions with respect to a taxpayer made during any taxable year which does not exceed
$100,000 shall not be includible in gross income of such
taxpayer for such taxable year.
‘‘(B) QUALIFIED CHARITABLE DISTRIBUTION.—For purposes of this paragraph, the term ‘qualified charitable distribution’ means any distribution from an individual retirement plan (other than a plan described in subsection (k)
or (p))—
‘‘(i) which is made directly by the trustee to an
organization described in section 170(b)(1)(A) (other
than any organization described in section 509(a)(3)
or any fund or account described in section 4966(d)(2)),
and
‘‘(ii) which is made on or after the date that the
individual for whose benefit the plan is maintained
has attained age 701⁄2.
A distribution shall be treated as a qualified charitable
distribution only to the extent that the distribution would
be includible in gross income without regard to subparagraph (A).
‘‘(C) CONTRIBUTIONS MUST BE OTHERWISE DEDUCTIBLE.—For purposes of this paragraph, a distribution to
an organization described in subparagraph (B)(i) shall be
treated as a qualified charitable distribution only if a
deduction for the entire distribution would be allowable
under section 170 (determined without regard to subsection
(b) thereof and this paragraph).
‘‘(D) APPLICATION OF SECTION 72.—Notwithstanding
section 72, in determining the extent to which a distribution
is a qualified charitable distribution, the entire amount
of the distribution shall be treated as includible in gross
income without regard to subparagraph (A) to the extent
that such amount does not exceed the aggregate amount
which would have been so includible if all amounts distributed from all individual retirement plans were treated
as 1 contract under paragraph (2)(A) for purposes of determining the inclusion of such distribution under section
72. Proper adjustments shall be made in applying section
72 to other distributions in such taxable year and subsequent taxable years.
‘‘(E) DENIAL OF DEDUCTION.—Qualified charitable distributions which are not includible in gross income pursuant to subparagraph (A) shall not be taken into account
in determining the deduction under section 170.
‘‘(F) TERMINATION.—This paragraph shall not apply
to distributions made in taxable years beginning after
December 31, 2007.’’.
(b) MODIFICATIONS RELATING TO INFORMATION RETURNS BY
CERTAIN TRUSTS.—
(1) RETURNS.—Section 6034 (relating to returns by trusts
described in section 4947(a)(2) or claiming charitable deductions
under section 642(c)) is amended to read as follows:

Jkt 049139

PO 00280

Frm 00286

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1065

‘‘SEC. 6034. RETURNS BY CERTAIN TRUSTS.

‘‘(a) SPLIT-INTEREST TRUSTS.—Every trust described in section
4947(a)(2) shall furnish such information with respect to the taxable
year as the Secretary may by forms or regulations require.
‘‘(b) TRUSTS CLAIMING CERTAIN CHARITABLE DEDUCTIONS.—
‘‘(1) IN GENERAL.—Every trust not required to file a return
under subsection (a) but claiming a deduction under section
642(c) for the taxable year shall furnish such information with
respect to such taxable year as the Secretary may by forms
or regulations prescribe, including—
‘‘(A) the amount of the deduction taken under section
642(c) within such year,
‘‘(B) the amount paid out within such year which represents amounts for which deductions under section 642(c)
have been taken in prior years,
‘‘(C) the amount for which such deductions have been
taken in prior years but which has not been paid out
at the beginning of such year,
‘‘(D) the amount paid out of principal in the current
and prior years for the purposes described in section 642(c),
‘‘(E) the total income of the trust within such year
and the expenses attributable thereto, and
‘‘(F) a balance sheet showing the assets, liabilities,
and net worth of the trust as of the beginning of such
year.
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to a trust
for any taxable year if—
‘‘(A) all the net income for such year, determined under
the applicable principles of the law of trusts, is required
to be distributed currently to the beneficiaries, or
‘‘(B) the trust is described in section 4947(a)(1).’’.
(2) INCREASE IN PENALTY RELATING TO FILING OF INFORMATION RETURN BY SPLIT-INTEREST TRUSTS.—Paragraph (2) of section 6652(c) (relating to returns by exempt organizations and
by certain trusts) is amended by adding at the end the following
new subparagraph:
‘‘(C) SPLIT-INTEREST TRUSTS.—In the case of a trust
which is required to file a return under section 6034(a),
subparagraphs (A) and (B) of this paragraph shall not
apply and paragraph (1) shall apply in the same manner
as if such return were required under section 6033, except
that—
‘‘(i) the 5 percent limitation in the second sentence
of paragraph (1)(A) shall not apply,
‘‘(ii) in the case of any trust with gross income
in excess of $250,000, the first sentence of paragraph
(1)(A) shall be applied by substituting ‘$100’ for ‘$20’,
and the second sentence thereof shall be applied by
substituting ‘$50,000’ for ‘$10,000’, and
‘‘(iii) the third sentence of paragraph (1)(A) shall
be disregarded.
In addition to any penalty imposed on the trust pursuant
to this subparagraph, if the person required to file such
return knowingly fails to file the return, such penalty shall
also be imposed on such person who shall be personally
liable for such penalty.’’.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00287

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 6652.

Applicability.

APPS06

PsN: PUBL280

120 STAT. 1066

PUBLIC LAW 109–280—AUG. 17, 2006
(3) CONFIDENTIALITY OF NONCHARITABLE BENEFICIARIES.—
Subsection (b) of section 6104 (relating to inspection of annual
information returns) is amended by adding at the end the
following new sentence: ‘‘In the case of a trust which is required
to file a return under section 6034(a), this subsection shall
not apply to information regarding beneficiaries which are not
organizations described in section 170(c).’’.
(4) CLERICAL AMENDMENT.—The item in the table of sections for subpart A of part III of subchapter A of chapter
61 relating to section 6034 is amended to read as follows:

26 USC 6104.

‘‘Sec. 6034. Returns by certain trusts.’’.

(c) EFFECTIVE DATES.—
(1) SUBSECTION (a).—The amendment made by subsection
(a) shall apply to distributions made in taxable years beginning
after December 31, 2005.
(2) SUBSECTION (b).—The amendments made by subsection
(b) shall apply to returns for taxable years beginning after
December 31, 2006.

26 USC 408 note.

26 USC 6034
note.

SEC. 1202. EXTENSION OF MODIFICATION OF CHARITABLE DEDUCTION
FOR CONTRIBUTIONS OF FOOD INVENTORY.

26 USC 170 note.

(a) IN GENERAL.—Section 170(e)(3)(C)(iv) (relating to termination) is amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to contributions made after December 31, 2005.
SEC. 1203. BASIS ADJUSTMENT TO STOCK OF S CORPORATION
CONTRIBUTING PROPERTY.

(a) IN GENERAL.—Paragraph (2) of section 1367(a) (relating
to adjustments to basis of stock of shareholders, etc.) is amended
by adding at the end the following new flush sentence:
‘‘The decrease under subparagraph (B) by reason of a charitable
contribution (as defined in section 170(c)) of property shall
be the amount equal to the shareholder’s pro rata share of
the adjusted basis of such property. The preceding sentence
shall not apply to contributions made in taxable years beginning
after December 31, 2007.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to contributions made in taxable years beginning after
December 31, 2005.

26 USC 1367
note.

SEC. 1204. EXTENSION OF MODIFICATION OF CHARITABLE DEDUCTION
FOR CONTRIBUTIONS OF BOOK INVENTORY.

26 USC 170 note.

(a) IN GENERAL.—Section 170(e)(3)(D)(iv) (relating to termination) is amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to contributions made after December 31, 2005.
SEC. 1205. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.

(a) IN GENERAL.—Paragraph (13) of section 512(b) (relating
to special rules for certain amounts received from controlled entities)
is amended by redesignating subparagraph (E) as subparagraph
(F) and by inserting after subparagraph (D) the following new
subparagraph:
‘‘(E) PARAGRAPH TO APPLY ONLY TO CERTAIN EXCESS
PAYMENTS.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00288

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1067

‘‘(i) IN GENERAL.—Subparagraph (A) shall apply
only to the portion of a qualifying specified payment
received or accrued by the controlling organization that
exceeds the amount which would have been paid or
accrued if such payment met the requirements prescribed under section 482.
TO
TAX
FOR
VALUATION
‘‘(ii)
ADDITION
MISSTATEMENTS.—The tax imposed by this chapter on
the controlling organization shall be increased by an
amount equal to 20 percent of the larger of—
‘‘(I) such excess determined without regard to
any amendment or supplement to a return of tax,
or
‘‘(II) such excess determined with regard to
all such amendments and supplements.
‘‘(iii) QUALIFYING SPECIFIED PAYMENT.—The term
‘qualifying specified payment’ means a specified payment which is made pursuant to—
‘‘(I) a binding written contract in effect on
the date of the enactment of this subparagraph,
or
‘‘(II) a contract which is a renewal, under
substantially similar terms, of a contract described
in subclause (I).
‘‘(iv) TERMINATION.—This subparagraph shall not
apply to payments received or accrued after December
31, 2007.’’.
(b) REPORTING.—
(1) IN GENERAL.—Section 6033 (relating to returns by
exempt organizations) is amended by redesignating subsection
(h) as subsection (i) and by inserting after subsection (g) the
following new subsection:
‘‘(h) CONTROLLING ORGANIZATIONS.—Each controlling organization (within the meaning of section 512(b)(13)) which is subject
to the requirements of subsection (a) shall include on the return
required under subsection (a)—
‘‘(1) any interest, annuities, royalties, or rents received
from each controlled entity (within the meaning of section
512(b)(13)),
‘‘(2) any loans made to each such controlled entity, and
‘‘(3) any transfers of funds between such controlling
organization and each such controlled entity.’’.
(2) REPORT TO CONGRESS.—Not later than January 1, 2009,
the Secretary of the Treasury shall submit to the Committee
on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report on the effectiveness of the Internal Revenue Service in administering the
amendments made by subsection (a) and on the extent to which
payments by controlled entities (within the meaning of section
512(b)(13) of the Internal Revenue Code of 1986) to controlling
organizations (within the meaning of section 512(b)(13) of such
Code) meet the requirements under section 482 of such Code.
Such report shall include the results of any audit of any controlling organization or controlled entity and recommendations
relating to the tax treatment of payments from controlled entities to controlling organizations.
(c) EFFECTIVE DATE.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00289

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Applicability.

26 USC 6033.

APPS06

PsN: PUBL280

120 STAT. 1068

PUBLIC LAW 109–280—AUG. 17, 2006
(1) SUBSECTION (a).—The amendments made by subsection
(a) shall apply to payments received or accrued after December
31, 2005.
(2) SUBSECTION (b).—The amendments made by subsection
(b) shall apply to returns the due date (determined without
regard to extensions) of which is after the date of the enactment
of this Act.

26 USC 512 note.

26 USC 6033
note.

SEC. 1206. ENCOURAGEMENT OF CONTRIBUTIONS OF CAPITAL GAIN
REAL PROPERTY MADE FOR CONSERVATION PURPOSES.

(a) IN GENERAL.—
(1) INDIVIDUALS.—Paragraph (1) of section 170(b) (relating
to percentage limitations) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively,
and by inserting after subparagraph (D) the following new
subparagraph:
‘‘(E) CONTRIBUTIONS OF QUALIFIED CONSERVATION CONTRIBUTIONS.—
‘‘(i) IN GENERAL.—Any qualified conservation contribution (as defined in subsection (h)(1)) shall be
allowed to the extent the aggregate of such contributions does not exceed the excess of 50 percent of the
taxpayer’s contribution base over the amount of all
other charitable contributions allowable under this
paragraph.
‘‘(ii) CARRYOVER.—If the aggregate amount of contributions described in clause (i) exceeds the limitation
of clause (i), such excess shall be treated (in a manner
consistent with the rules of subsection (d)(1)) as a
charitable contribution to which clause (i) applies in
each of the 15 succeeding years in order of time.
‘‘(iii) COORDINATION WITH OTHER SUBPARAGRAPHS.—For purposes of applying this subsection and
subsection (d)(1), contributions described in clause (i)
shall not be treated as described in subparagraph (A),
(B), (C), or (D) and such subparagraphs shall apply
without regard to such contributions.
‘‘(iv) SPECIAL RULE FOR CONTRIBUTION OF PROPERTY
USED IN AGRICULTURE OR LIVESTOCK PRODUCTION.—
‘‘(I) IN GENERAL.—If the individual is a qualified farmer or rancher for the taxable year for
which the contribution is made, clause (i) shall
be applied by substituting ‘100 percent’ for ‘50
percent’.
‘‘(II) EXCEPTION.—Subclause (I) shall not apply
to any contribution of property made after the
date of the enactment of this subparagraph which
is used in agriculture or livestock production (or
available for such production) unless such contribution is subject to a restriction that such property remain available for such production. This
subparagraph shall be applied separately with
respect to property to which subclause (I) does
not apply by reason of the preceding sentence prior
to its application to property to which subclause
(I) does apply.

26 USC 170.

Applicability.

Applicability.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00290

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1069

‘‘(v) DEFINITION.—For purposes of clause (iv), the
term ‘qualified farmer or rancher’ means a taxpayer
whose gross income from the trade or business of
farming (within the meaning of section 2032A(e)(5))
is greater than 50 percent of the taxpayer’s gross
income for the taxable year.
‘‘(vi) TERMINATION.—This subparagraph shall not
apply to any contribution made in taxable years beginning after December 31, 2007.’’.
(2) CORPORATIONS.—Paragraph (2) of section 170(b) is
amended to read as follows:
‘‘(2) CORPORATIONS.—In the case of a corporation—
‘‘(A) IN GENERAL.—The total deductions under subsection (a) for any taxable year (other than for contributions
to which subparagraph (B) applies) shall not exceed 10
percent of the taxpayer’s taxable income.
‘‘(B) QUALIFIED CONSERVATION CONTRIBUTIONS BY CERTAIN CORPORATE FARMERS AND RANCHERS.—
‘‘(i) IN GENERAL.—Any qualified conservation contribution (as defined in subsection (h)(1))—
‘‘(I) which is made by a corporation which,
for the taxable year during which the contribution
is made, is a qualified farmer or rancher (as
defined in paragraph (1)(E)(v)) and the stock of
which is not readily tradable on an established
securities market at any time during such year,
and
‘‘(II) which, in the case of contributions made
after the date of the enactment of this subparagraph, is a contribution of property which is used
in agriculture or livestock production (or available
for such production) and which is subject to a
restriction that such property remain available for
such production,
shall be allowed to the extent the aggregate of such
contributions does not exceed the excess of the taxpayer’s taxable income over the amount of charitable
contributions allowable under subparagraph (A).
‘‘(ii) CARRYOVER.—If the aggregate amount of contributions described in clause (i) exceeds the limitation
of clause (i), such excess shall be treated (in a manner
consistent with the rules of subsection (d)(2)) as a
charitable contribution to which clause (i) applies in
each of the 15 succeeding years in order of time.
‘‘(iii) TERMINATION.—This subparagraph shall not
apply to any contribution made in taxable years beginning after December 31, 2007.
‘‘(C) TAXABLE INCOME.—For purposes of this paragraph,
taxable income shall be computed without regard to—
‘‘(i) this section,
‘‘(ii) part VIII (except section 248),
‘‘(iii) any net operating loss carryback to the taxable year under section 172,
‘‘(iv) section 199, and
‘‘(v) any capital loss carryback to the taxable year
under section 1212(a)(1).’’.
(b) CONFORMING AMENDMENTS.—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00291

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 170.

Applicability.

APPS06

PsN: PUBL280

120 STAT. 1070
26 USC 170.

26 USC 170 note.

PUBLIC LAW 109–280—AUG. 17, 2006

(1) Paragraph (2) of section 170(d) is amended by striking
‘‘subsection (b)(2)’’ each place it appears and inserting ‘‘subsection (b)(2)(A)’’.
(2) Section 545(b)(2) is amended by striking ‘‘and (D)’’ and
inserting ‘‘(D), and (E)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made in taxable years beginning after
December 31, 2005.
SEC. 1207. EXCISE TAXES EXEMPTION FOR BLOOD COLLECTOR
ORGANIZATIONS.

Regulations.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

(a) EXEMPTION FROM IMPOSITION OF SPECIAL FUELS TAX.—
Section 4041(g) (relating to other exemptions) is amended by
striking ‘‘and’’ at the end of paragraph (3), by striking the period
in paragraph (4) and inserting ‘‘; and’’, and by inserting after
paragraph (4) the following new paragraph:
‘‘(5) with respect to the sale of any liquid to a qualified
blood collector organization (as defined in section 7701(a)(49))
for such organization’s exclusive use in the collection, storage,
or transportation of blood.’’.
(b) EXEMPTION FROM MANUFACTURERS EXCISE TAX.—
(1) IN GENERAL.—Section 4221(a) (relating to certain taxfree sales) is amended by striking ‘‘or’’ at the end of paragraph
(4), by adding ‘‘or’’ at the end of paragraph (5), and by inserting
after paragraph (5) the following new paragraph:
‘‘(6) to a qualified blood collector organization (as defined
in section 7701(a)(49)) for such organization’s exclusive use
in the collection, storage, or transportation of blood,’’.
(2) NO EXEMPTION WITH RESPECT TO VACCINES AND RECREATIONAL EQUIPMENT.—Section 4221(a) is amended by adding
at the end the following new sentence: ‘‘In the case of taxes
imposed by subchapter C or D, paragraph (6) shall not apply.’’.
(3) CONFORMING AMENDMENTS.—
(A) The second sentence of section 4221(a) is amended
by striking ‘‘Paragraphs (4) and (5)’’ and inserting ‘‘Paragraphs (4), (5), and (6)’’.
(B) Section 6421(c) is amended by striking ‘‘or (5)’’
and inserting ‘‘(5), or (6)’’.
(c) EXEMPTION FROM COMMUNICATION EXCISE TAX.—
(1) IN GENERAL.—Section 4253 (relating to exemptions) is
amended by redesignating subsection (k) as subsection (l) and
inserting after subsection (j) the following new subsection:
‘‘(k) EXEMPTION FOR QUALIFIED BLOOD COLLECTOR ORGANIZATIONS.—Under regulations provided by the Secretary, no tax shall
be imposed under section 4251 on any amount paid by a qualified
blood collector organization (as defined in section 7701(a)(49)) for
services or facilities furnished to such organization.’’.
(2) CONFORMING AMENDMENT.—Section 4253(l), as redesignated by paragraph (1), is amended by striking ‘‘or (j)’’ and
inserting ‘‘(j), or (k)’’.
(d) EXEMPTION FROM TAX ON HEAVY VEHICLES.—Section 4483
is amended by redesignating subsection (h) as subsection (i) and
by inserting after subsection (g) the following new subsection:
‘‘(h) EXEMPTION FOR VEHICLES USED IN BLOOD COLLECTION.—
‘‘(1) IN GENERAL.—No tax shall be imposed by section 4481
on the use of any qualified blood collector vehicle by a qualified
blood collector organization.

Jkt 049139

PO 00280

Frm 00292

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1071

‘‘(2) QUALIFIED BLOOD COLLECTOR VEHICLE.—For purposes
of this subsection, the term ‘qualified blood collector vehicle’
means a vehicle at least 80 percent of the use of which during
the prior taxable period was by a qualified blood collector
organization in the collection, storage, or transportation of
blood.
‘‘(3) SPECIAL RULE FOR VEHICLES FIRST PLACED IN SERVICE
IN A TAXABLE PERIOD.—In the case of a vehicle first placed
in service in a taxable period, a vehicle shall be treated as
a qualified blood collector vehicle for such taxable period if
such qualified blood collector organization certifies to the Secretary that the organization reasonably expects at least 80
percent of the use of such vehicle by the organization during
such taxable period will be in the collection, storage, or
transportation of blood.
‘‘(4) QUALIFIED BLOOD COLLECTOR ORGANIZATION.—The
term ‘qualified blood collector organization’ has the meaning
given such term by section 7701(a)(49).’’.
(e) CREDIT OR REFUND FOR CERTAIN TAXES ON SALES AND
SERVICES.—
(1) DEEMED OVERPAYMENT.—
(A) IN GENERAL.—Section 6416(b)(2) is amended by
redesignating subparagraphs (E) and (F) as subparagraphs
(F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph:
‘‘(E) sold to a qualified blood collector organization
(as defined in section 7701(a)(49)) for such organization’s
exclusive use in the collection, storage, or transportation
of blood;’’.
(B) NO CREDIT OR REFUND FOR VACCINES OR RECREATIONAL EQUIPMENT.—Section 6416(b)(2) is amended by
adding at the end the following new sentence: ‘‘In the
case of taxes imposed by subchapter C or D of chapter
32, subparagraph (E) shall not apply.’’.
(C) CONFORMING AMENDMENTS.—Section 6416(b)(2) is
amended—
(i) by striking ‘‘Subparagraphs (C) and (D)’’ in the
second sentence and inserting ‘‘Subparagraphs (C), (D),
and (E)’’.
(ii) by striking ‘‘(B), (C), and (D)’’ and inserting
‘‘(B), (C), (D), and (E)’’.
(2) SALES OF TIRES.—Section 6416(b)(4)(B) is amended by
striking ‘‘or’’ at the end of clause (i), by striking the period
at the end of clause (ii) and inserting ‘‘, or’’, and by adding
after clause (ii) the following:
‘‘(iii) sold to a qualified blood collector organization
for its exclusive use in connection with a vehicle the
organization certifies will be primarily used in the
collection, storage, or transportation of blood.’’.
(f) DEFINITION OF QUALIFIED BLOOD COLLECTOR ORGANIZATION.—Section 7701(a) is amended by inserting at the end the
following new paragraph:
‘‘(49) QUALIFIED BLOOD COLLECTOR ORGANIZATION.—The
term ‘qualified blood collector organization’ means an organization which is—
‘‘(A) described in section 501(c)(3) and exempt from
tax under section 501(a),

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00293

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 6416.

APPS06

PsN: PUBL280

120 STAT. 1072

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(B) primarily engaged in the activity of the collection
of human blood,
‘‘(C) registered with the Secretary for purposes of excise
tax exemptions, and
‘‘(D) registered by the Food and Drug Administration
to collect blood.’’.
(g) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on January 1, 2007.
(2) SUBSECTION (d).—The amendment made by subsection
(d) shall apply to taxable periods beginning on or after July
1, 2007.

26 USC 4041
note.

Subtitle B—Reforming Exempt
Organizations
PART 1—GENERAL REFORMS
SEC. 1211. REPORTING ON CERTAIN ACQUISITIONS OF INTERESTS IN
INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT
ORGANIZATIONS HOLD AN INTEREST.

(a) REPORTING REQUIREMENTS.—
(1) IN GENERAL.—Subpart B of part III of subchapter A
of chapter 61 (relating to information concerning transactions
with other persons), as amended by this Act, is amended by
adding at the end the following new section:
26 USC 6050V.

‘‘SEC. 6050V. RETURNS RELATING TO APPLICABLE INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS
HOLD INTERESTS.

‘‘(a) IN GENERAL.—Each applicable exempt organization which
makes a reportable acquisition shall make the return described
in subsection (c).
‘‘(b) TIME FOR MAKING RETURN.—Any applicable exempt
organization required to make a return under subsection (a) shall
file such return at such time as may be established by the Secretary.
‘‘(c) FORM AND MANNER OF RETURNS.—A return is described
in this subsection if such return—
‘‘(1) is in such form as the Secretary prescribes,
‘‘(2) contains the name, address, and taxpayer identification
number of the applicable exempt organization and the issuer
of the applicable insurance contract, and
‘‘(3) contains such other information as the Secretary may
prescribe.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) REPORTABLE ACQUISITION.—The term ‘reportable
acquisition’ means the acquisition by an applicable exempt
organization of a direct or indirect interest in any applicable
insurance contract in any case in which such acquisition is
a part of a structured transaction involving a pool of such
contracts.
‘‘(2) APPLICABLE INSURANCE CONTRACT.—
‘‘(A) IN GENERAL.—The term ‘applicable insurance contract’ means any life insurance, annuity, or endowment
contract with respect to which both an applicable exempt
organization and a person other than an applicable exempt

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00294

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1073

organization have directly or indirectly held an interest
in the contract (whether or not at the same time).
‘‘(B) EXCEPTIONS.—Such term shall not include a life
insurance, annuity, or endowment contract if—
‘‘(i) all persons directly or indirectly holding any
interest in the contract (other than applicable exempt
organizations) have an insurable interest in the
insured under the contract independent of any interest
of an applicable exempt organization in the contract,
‘‘(ii) the sole interest in the contract of an
applicable exempt organization or each person other
than an applicable exempt organization is as a named
beneficiary, or
‘‘(iii) the sole interest in the contract of each person
other than an applicable exempt organization is—
‘‘(I) as a beneficiary of a trust holding an
interest in the contract, but only if the person’s
designation as such beneficiary was made without
consideration and solely on a purely gratuitous
basis, or
‘‘(II) as a trustee who holds an interest in
the contract in a fiduciary capacity solely for the
benefit of applicable exempt organizations or persons otherwise described in subclause (I) or clause
(i) or (ii).
‘‘(3) APPLICABLE EXEMPT ORGANIZATION.—The term
‘applicable exempt organization’ means—
‘‘(A) an organization described in section 170(c),
‘‘(B)
an
organization
described
in
section
168(h)(2)(A)(iv), or
‘‘(C) an organization not described in paragraph (1)
or (2) which is described in section 2055(a) or section
2522(a).
‘‘(e) TERMINATION.—This section shall not apply to reportable
acquisitions occurring after the date which is 2 years after the
date of the enactment of this section.’’.
(2) CONFORMING AMENDMENT.—The table of sections for
subpart B of part III of subchapter A of chapter 61 is amended
by adding at the end the following new item:
‘‘Sec. 6050V. Returns relating to applicable insurance contracts in which certain exempt organizations hold interests.’’.

(b) PENALTIES.—
(1) IN GENERAL.—Subparagraph (B) of section 6724(d)(1),
as amended by this Act, is amended by redesignating clauses
(xiv) through (xix) as clauses (xv) through (xx) and by inserting
after clause (xiii) the following new clause:
‘‘(xiv) section 6050V (relating to returns relating
to applicable insurance contracts in which certain
exempt organizations hold interests),’’.
(2) INTENTIONAL DISREGARD.—Section 6721(e)(2) is
amended by striking ‘‘or’’ at the end of subparagraph (B), by
striking ‘‘and’’ at the end of subparagraph (C) and inserting
‘‘or’’, and by adding at the end the following new subparagraph:
‘‘(D) in the case of a return required to be filed under
section 6050V, 10 percent of the value of the benefit of
any contract with respect to which information is required
to be included on the return, and’’.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00295

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 6724.

APPS06

PsN: PUBL280

120 STAT. 1074

26 USC 6050V.

PUBLIC LAW 109–280—AUG. 17, 2006

(c) STUDY.—
(1) IN GENERAL.—The Secretary of the Treasury shall
undertake a study on—
(A) the use by tax exempt organizations of applicable
insurance contracts (as defined under section 6050V(d)(2)
of the Internal Revenue Code of 1986, as added by subsection (a)) for the purpose of sharing the benefits of the
organization’s insurable interest in individuals insured
under such contracts with investors, and
(B) whether such activities are consistent with the
tax exempt status of such organizations.
(2) REPORT.—Not later than 30 months after the date of
the enactment of this Act, the Secretary of the Treasury shall
report on the study conducted under paragraph (1) to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to acquisitions of contracts after the date of enactment
of this Act.
SEC. 1212. INCREASE IN PENALTY EXCISE TAXES RELATING TO PUBLIC
CHARITIES, SOCIAL WELFARE ORGANIZATIONS, AND PRIVATE FOUNDATIONS.

26 USC 4941.

(a) TAXES ON SELF-DEALING AND EXCESS BENEFIT TRANSACTIONS.—
(1) IN GENERAL.—Section 4941(a) (relating to initial taxes)
is amended—
(A) in paragraph (1), by striking ‘‘5 percent’’ and
inserting ‘‘10 percent’’, and
(B) in paragraph (2), by striking ‘‘21⁄2 percent’’ and
inserting ‘‘5 percent’’.
(2) INCREASED LIMITATION FOR MANAGERS ON SELFDEALING.—Section 4941(c)(2) is amended by striking ‘‘$10,000’’
each place it appears in the text and heading thereof and
inserting ‘‘$20,000’’.
(3) INCREASED LIMITATION FOR MANAGERS ON EXCESS BENEFIT TRANSACTIONS.—Section 4958(d)(2) is amended by striking
‘‘$10,000’’ and inserting ‘‘$20,000’’.
(b) TAXES ON FAILURE TO DISTRIBUTE INCOME.—Section 4942(a)
(relating to initial tax) is amended by striking ‘‘15 percent’’ and
inserting ‘‘30 percent’’.
(c) TAXES ON EXCESS BUSINESS HOLDINGS.—Section 4943(a)(1)
(relating to imposition) is amended by striking ‘‘5 percent’’ and
inserting ‘‘10 percent’’.
(d) TAXES ON INVESTMENTS WHICH JEOPARDIZE CHARITABLE
PURPOSE.—
(1) IN GENERAL.—Section 4944(a) (relating to initial taxes)
is amended by striking ‘‘5 percent’’ both places it appears and
inserting ‘‘10 percent’’.
(2) INCREASED LIMITATION FOR MANAGERS.—Section
4944(d)(2) is amended—
(A) by striking ‘‘$5,000,’’ and inserting ‘‘$10,000,’’, and
(B) by striking ‘‘$10,000.’’ and inserting ‘‘$20,000.’’.
(e) TAXES ON TAXABLE EXPENDITURES.—
(1) IN GENERAL.—Section 4945(a) (relating to initial taxes)
is amended—

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00296

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1075

(A) in paragraph (1), by striking ‘‘10 percent’’ and
inserting ‘‘20 percent’’, and
(B) in paragraph (2), by striking ‘‘21⁄2 percent’’ and
inserting ‘‘5 percent’’.
(2) INCREASED LIMITATION FOR MANAGERS.—Section
4945(c)(2) is amended—
(A) by striking ‘‘$5,000,’’ and inserting ‘‘$10,000,’’, and
(B) by striking ‘‘$10,000.’’ and inserting ‘‘$20,000.’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.

26 USC 4945.

26 USC 4941
note.

SEC. 1213. REFORM OF CHARITABLE CONTRIBUTIONS OF CERTAIN
EASEMENTS IN REGISTERED HISTORIC DISTRICTS AND
REDUCED DEDUCTION FOR PORTION OF QUALIFIED
CONSERVATION CONTRIBUTION ATTRIBUTABLE TO
REHABILITATION CREDIT.

(a) SPECIAL RULES WITH RESPECT TO BUILDINGS IN REGISTERED
HISTORIC DISTRICTS.—
(1) IN GENERAL.—Paragraph (4) of section 170(h) (relating
to definition of conservation purpose) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting
after subparagraph (A) the following new subparagraph:
‘‘(B) SPECIAL RULES WITH RESPECT TO BUILDINGS IN
REGISTERED HISTORIC DISTRICTS.—In the case of any contribution of a qualified real property interest which is a
restriction with respect to the exterior of a building
described in subparagraph (C)(ii), such contribution shall
not be considered to be exclusively for conservation purposes unless—
‘‘(i) such interest—
‘‘(I) includes a restriction which preserves the
entire exterior of the building (including the front,
sides, rear, and height of the building), and
‘‘(II) prohibits any change in the exterior of
the building which is inconsistent with the historical character of such exterior,
‘‘(ii) the donor and donee enter into a written
agreement certifying, under penalty of perjury, that
the donee—
‘‘(I) is a qualified organization (as defined in
paragraph (3)) with a purpose of environmental
protection, land conservation, open space preservation, or historic preservation, and
‘‘(II) has the resources to manage and enforce
the restriction and a commitment to do so, and
‘‘(iii) in the case of any contribution made in a
taxable year beginning after the date of the enactment
of this subparagraph, the taxpayer includes with the
taxpayer’s return for the taxable year of the contribution—
‘‘(I) a qualified appraisal (within the meaning
of subsection (f)(11)(E)) of the qualified property
interest,
‘‘(II) photographs of the entire exterior of the
building, and

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00297

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1076

26 USC 170.

26 USC 170 note.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(III) a description of all restrictions on the
development of the building.’’.
(b) DISALLOWANCE OF DEDUCTION FOR STRUCTURES AND LAND
IN REGISTERED HISTORIC DISTRICTS.—Subparagraph (C) of section
170(h)(4), as redesignated by subsection (a), is amended—
(1) by striking ‘‘any building, structure, or land area which’’,
(2) by inserting ‘‘any building, structure, or land area
which’’ before ‘‘is listed’’ in clause (i), and
(3) by inserting ‘‘any building which’’ before ‘‘is located’’
in clause (ii).
(c) FILING FEE FOR CERTAIN CONTRIBUTIONS.—Subsection (f)
of section 170 (relating to disallowance of deduction in certain
cases and special rules) is amended by adding at the end the
following new paragraph:
‘‘(13) CONTRIBUTIONS OF CERTAIN INTERESTS IN BUILDINGS
LOCATED IN REGISTERED HISTORIC DISTRICTS.—
‘‘(A) IN GENERAL.—No deduction shall be allowed with
respect to any contribution described in subparagraph (B)
unless the taxpayer includes with the return for the taxable
year of the contribution a $500 filing fee.
‘‘(B) CONTRIBUTION DESCRIBED.—A contribution is
described in this subparagraph if such contribution is a
qualified conservation contribution (as defined in subsection (h)) which is a restriction with respect to the exterior of a building described in subsection (h)(4)(C)(ii) and
for which a deduction is claimed in excess of $10,000.
‘‘(C) DEDICATION OF FEE.—Any fee collected under this
paragraph shall be used for the enforcement of the provisions of subsection (h).’’.
(d) REDUCED DEDUCTION FOR PORTION OF QUALIFIED CONSERVATION CONTRIBUTION ATTRIBUTABLE TO THE REHABILITATION
CREDIT.—Subsection (f) of section 170, as amended by subsection
(c), is amended by adding at the end the following new paragraph:
‘‘(14) REDUCTION FOR AMOUNTS ATTRIBUTABLE TO
REHABILITATION CREDIT.—In the case of any qualified conservation contribution (as defined in subsection (h)), the amount
of the deduction allowed under this section shall be reduced
by an amount which bears the same ratio to the fair market
value of the contribution as—
‘‘(A) the sum of the credits allowed to the taxpayer
under section 47 for the 5 preceding taxable years with
respect to any building which is a part of such contribution,
bears to
‘‘(B) the fair market value of the building on the date
of the contribution.’’.
(e) EFFECTIVE DATES.—
(1) SPECIAL RULES FOR BUILDINGS IN REGISTERED HISTORIC
DISTRICTS.—The amendments made by subsection (a) shall
apply to contributions made after July 25, 2006.
(2) DISALLOWANCE OF DEDUCTION FOR STRUCTURES AND
LAND; REDUCTION FOR REHABILITATION CREDIT.—The amendments made by subsections (b) and (d) shall apply to contributions made after the date of the enactment of this Act.
(3) FILING FEE.—The amendment made by subsection (c)
shall apply to contributions made 180 days after the date
of the enactment of this Act.

Jkt 049139

PO 00280

Frm 00298

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1077

SEC. 1214. CHARITABLE CONTRIBUTIONS OF TAXIDERMY PROPERTY.

(a) DENIAL OF LONG-TERM CAPITAL GAIN.—Subparagraph (B)
of section 170(e)(1) is amended by striking ‘‘or’’ at the end of
clause (ii), by inserting ‘‘or’’ at the end of clause (iii), and by
inserting after clause (iii) the following new clause:
‘‘(iv) of any taxidermy property which is contributed by the person who prepared, stuffed, or mounted
the property or by any person who paid or incurred
the cost of such preparation, stuffing, or mounting,’’.
(b) TREATMENT OF BASIS.—Subsection (f) of section 170, as
amended by this Act, is amended by adding at the end the following
new paragraph:
‘‘(15) SPECIAL RULE FOR TAXIDERMY PROPERTY.—
‘‘(A) BASIS.—For purposes of this section and notwithstanding section 1012, in the case of a charitable contribution of taxidermy property which is made by the person
who prepared, stuffed, or mounted the property or by any
person who paid or incurred the cost of such preparation,
stuffing, or mounting, only the cost of the preparing,
stuffing, or mounting shall be included in the basis of
such property.
‘‘(B) TAXIDERMY PROPERTY.—For purposes of this section, the term ‘taxidermy property’ means any work of
art which—
‘‘(i) is the reproduction or preservation of an
animal, in whole or in part,
‘‘(ii) is prepared, stuffed, or mounted for purposes
of recreating one or more characteristics of such
animal, and
‘‘(iii) contains a part of the body of the dead
animal.’’.
(c) EFFECTIVE DATE.—The amendment made by this section
shall apply to contributions made after July 25, 2006.

26 USC 170.

26 USC 170 note.

SEC. 1215. RECAPTURE OF TAX BENEFIT FOR CHARITABLE CONTRIBUTIONS OF EXEMPT USE PROPERTY NOT USED FOR AN
EXEMPT USE.

(a) RECAPTURE OF DEDUCTION ON CERTAIN SALES OF EXEMPT
USE PROPERTY.—
(1) IN GENERAL.—Clause (i) of section 170(e)(1)(B) (related
to certain contributions of ordinary income and capital gain
property) is amended to read as follows:
‘‘(i) of tangible personal property—
‘‘(I) if the use by the donee is unrelated to
the purpose or function constituting the basis for
its exemption under section 501 (or, in the case
of a governmental unit, to any purpose or function
described in subsection (c)), or
‘‘(II) which is applicable property (as defined
in paragraph (7)(C)) which is sold, exchanged, or
otherwise disposed of by the donee before the last
day of the taxable year in which the contribution
was made and with respect to which the donee
has not made a certification in accordance with
paragraph (7)(D),’’.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00299

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1078
26 USC 170.

VerDate 14-DEC-2004

09:18 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

(2) DISPOSITIONS AFTER CLOSE OF TAXABLE YEAR.—Section
170(e) is amended by adding at the end the following new
paragraph:
‘‘(7) RECAPTURE OF DEDUCTION ON CERTAIN DISPOSITIONS
OF EXEMPT USE PROPERTY.—
‘‘(A) IN GENERAL.—In the case of an applicable disposition of applicable property, there shall be included in the
income of the donor of such property for the taxable year
of such donor in which the applicable disposition occurs
an amount equal to the excess (if any) of—
‘‘(i) the amount of the deduction allowed to the
donor under this section with respect to such property,
over
‘‘(ii) the donor’s basis in such property at the time
such property was contributed.
‘‘(B) APPLICABLE DISPOSITION.—For purposes of this
paragraph, the term ‘applicable disposition’ means any sale,
exchange, or other disposition by the donee of applicable
property—
‘‘(i) after the last day of the taxable year of the
donor in which such property was contributed, and
‘‘(ii) before the last day of the 3-year period beginning on the date of the contribution of such property,
unless the donee makes a certification in accordance with
subparagraph (D).
‘‘(C) APPLICABLE PROPERTY.—For purposes of this paragraph, the term ‘applicable property’ means charitable
deduction property (as defined in section 6050L(a)(2)(A))—
‘‘(i) which is tangible personal property the use
of which is identified by the donee as related to the
purpose or function constituting the basis of the donee’s
exemption under section 501, and
‘‘(ii) for which a deduction in excess of the donor’s
basis is allowed.
‘‘(D) CERTIFICATION.—A certification meets the requirements of this subparagraph if it is a written statement
which is signed under penalty of perjury by an officer
of the donee organization and—
‘‘(i) which—
‘‘(I) certifies that the use of the property by
the donee was related to the purpose or function
constituting the basis for the donee’s exemption
under section 501, and
‘‘(II) describes how the property was used and
how such use furthered such purpose or function,
or
‘‘(ii) which—
‘‘(I) states the intended use of the property
by the donee at the time of the contribution, and
‘‘(II) certifies that such intended use has
become impossible or infeasible to implement.’’.
(b) REPORTING REQUIREMENTS.—Paragraph (1) of section
6050L(a) (relating to returns relating to certain dispositions of
donated property) is amended—
(1) by striking ‘‘2 years’’ and inserting ‘‘3 years’’, and

Jkt 049139

PO 00280

Frm 00300

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1079

(2) by striking ‘‘and’’ at the end of subparagraph (D), by
striking the period at the end of subparagraph (E) and inserting
a comma, and by inserting at the end the following:
‘‘(F) a description of the donee’s use of the property,
and
‘‘(G) a statement indicating whether the use of the
property was related to the purpose or function constituting
the basis for the donee’s exemption under section 501.
In any case in which the donee indicates that the use of
applicable property (as defined in section 170(e)(7)(C)) was
related to the purpose or function constituting the basis for
the exemption of the donee under section 501 under subparagraph (G), the donee shall include with the return the certification described in section 170(e)(7)(D) if such certification is
made under section 170(e)(7).’’.
(c) PENALTY.—
(1) IN GENERAL.—Part I of subchapter B of chapter 68
(relating to assessable penalties) is amended by inserting after
section 6720A the following new section:
‘‘SEC. 6720B. FRAUDULENT IDENTIFICATION OF EXEMPT USE PROPERTY.

26 USC 6720B.

‘‘In addition to any criminal penalty provided by law, any
person who identifies applicable property (as defined in section
170(e)(7)(C)) as having a use which is related to a purpose or
function constituting the basis for the donee’s exemption under
section 501 and who knows that such property is not intended
for such a use shall pay a penalty of $10,000.’’.
(2) CLERICAL AMENDMENT.—The table of sections for part
I of subchapter B of chapter 68 is amended by adding after
the item relating to section 6720A the following new item:
‘‘Sec. 6720B. Fraudulent identification of exempt use property.’’.

(d) EFFECTIVE DATE.—
(1) RECAPTURE.—The amendments made by subsection (a)
shall apply to contributions after September 1, 2006.
(2) REPORTING.—The amendments made by subsection (b)
shall apply to returns filed after September 1, 2006.
(3) PENALTY.—The amendments made by subsection (c)
shall apply to identifications made after the date of the enactment of this Act.

26 USC 170 note.
26 USC 6050L.
26 USC 6720B
note.

SEC. 1216. LIMITATION OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS OF CLOTHING AND HOUSEHOLD ITEMS.

(a) IN GENERAL.—Subsection (f) of section 170, as amended
by this Act, is amended by adding at the end the following new
paragraph:
‘‘(16) CONTRIBUTIONS OF CLOTHING AND HOUSEHOLD
ITEMS.—
‘‘(A) IN GENERAL.—In the case of an individual, partnership, or corporation, no deduction shall be allowed under
subsection (a) for any contribution of clothing or a household item unless such clothing or household item is in
good used condition or better.
‘‘(B) ITEMS OF MINIMAL VALUE.—Notwithstanding
subparagraph (A), the Secretary may by regulation deny
a deduction under subsection (a) for any contribution of

VerDate 14-DEC-2004

09:18 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00301

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 170.

APPS06

PsN: PUBL280

120 STAT. 1080

26 USC 170 note.

PUBLIC LAW 109–280—AUG. 17, 2006

clothing or a household item which has minimal monetary
value.
‘‘(C) EXCEPTION FOR CERTAIN PROPERTY.—Subparagraphs (A) and (B) shall not apply to any contribution
of a single item of clothing or a household item for which
a deduction of more than $500 is claimed if the taxpayer
includes with the taxpayer’s return a qualified appraisal
with respect to the property.
‘‘(D) HOUSEHOLD ITEMS.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘household items’
includes furniture, furnishings, electronics, appliances,
linens, and other similar items.
‘‘(ii) EXCLUDED ITEMS.—Such term does not
include—
‘‘(I) food,
‘‘(II) paintings, antiques, and other objects of
art,
‘‘(III) jewelry and gems, and
‘‘(IV) collections.
‘‘(E) SPECIAL RULE FOR PASS-THRU ENTITIES.—In the
case of a partnership or S corporation, this paragraph
shall be applied at the entity level, except that the deduction shall be denied at the partner or shareholder level.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to contributions made after the date of enactment of
this Act.
SEC. 1217. MODIFICATION OF RECORDKEEPING REQUIREMENTS FOR
CERTAIN CHARITABLE CONTRIBUTIONS.

26 USC 170.

26 USC 170 note.

(a) RECORDKEEPING REQUIREMENT.—Subsection (f) of section
170, as amended by this Act, is amended by adding at the end
the following new paragraph:
‘‘(17) RECORDKEEPING.—No deduction shall be allowed
under subsection (a) for any contribution of a cash, check,
or other monetary gift unless the donor maintains as a record
of such contribution a bank record or a written communication
from the donee showing the name of the donee organization,
the date of the contribution, and the amount of the contribution.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to contributions made in taxable years beginning after
the date of the enactment of this Act.
SEC. 1218. CONTRIBUTIONS OF FRACTIONAL INTERESTS IN TANGIBLE
PERSONAL PROPERTY.

(a) INCOME TAX.—Section 170 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (o)
as subsection (p) and by inserting after subsection (n) the following
new subsection:
‘‘(o) SPECIAL RULES FOR FRACTIONAL GIFTS.—
‘‘(1) DENIAL OF DEDUCTION IN CERTAIN CASES.—
‘‘(A) IN GENERAL.—No deduction shall be allowed for
a contribution of an undivided portion of a taxpayer’s entire
interest in tangible personal property unless all interest
in the property is held immediately before such contribution
by—
‘‘(i) the taxpayer, or

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00302

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1081

‘‘(ii) the taxpayer and the donee.
‘‘(B) EXCEPTIONS.—The Secretary may, by regulation,
provide for exceptions to subparagraph (A) in cases where
all persons who hold an interest in the property make
proportional contributions of an undivided portion of the
entire interest held by such persons.
‘‘(2) VALUATION OF SUBSEQUENT GIFTS.—In the case of any
additional contribution, the fair market value of such contribution shall be determined by using the lesser of—
‘‘(A) the fair market value of the property at the time
of the initial fractional contribution, or
‘‘(B) the fair market value of the property at the time
of the additional contribution.
‘‘(3) RECAPTURE OF DEDUCTION IN CERTAIN CASES; ADDITION
TO TAX.—
‘‘(A) RECAPTURE.—The Secretary shall provide for the
recapture of the amount of any deduction allowed under
this section (plus interest) with respect to any contribution
of an undivided portion of a taxpayer’s entire interest in
tangible personal property—
‘‘(i) in any case in which the donor does not contribute all of the remaining interest in such property
to the donee (or, if such donee is no longer in existence,
to any person described in section 170(c)) before the
earlier of—
‘‘(I) the date that is 10 years after the date
of the initial fractional contribution, or
‘‘(II) the date of the death of the donor, and
‘‘(ii) in any case in which the donee has not, during
the period beginning on the date of the initial fractional
contribution and ending on the date described in clause
(i)—
‘‘(I) had substantial physical possession of the
property, and
‘‘(II) used the property in a use which is
related to a purpose or function constituting the
basis for the organizations’ exemption under section 501.
‘‘(B) ADDITION TO TAX.—The tax imposed under this
chapter for any taxable year for which there is a recapture
under subparagraph (A) shall be increased by 10 percent
of the amount so recaptured.
‘‘(4) DEFINITIONS.—For purposes of this subsection—
‘‘(A) ADDITIONAL CONTRIBUTION.—The term ‘additional
contribution’ means any charitable contribution by the taxpayer of any interest in property with respect to which
the taxpayer has previously made an initial fractional contribution.
‘‘(B) INITIAL FRACTIONAL CONTRIBUTION.—The term ‘initial fractional contribution’ means, with respect to any
taxpayer, the first charitable contribution of an undivided
portion of the taxpayer’s entire interest in any tangible
personal property.’’.
(b) ESTATE TAX.—Section 2055 (relating to transfers for public,
charitable, and religious uses) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f)
the following new subsection:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00303

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 2055.

APPS06

PsN: PUBL280

120 STAT. 1082

26 USC 2522.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(g) VALUATION OF SUBSEQUENT GIFTS.—
‘‘(1) IN GENERAL.—In the case of any additional contribution, the fair market value of such contribution shall be determined by using the lesser of—
‘‘(A) the fair market value of the property at the time
of the initial fractional contribution, or
‘‘(B) the fair market value of the property at the time
of the additional contribution.
‘‘(2) DEFINITIONS.—For purposes of this paragraph—
‘‘(A) ADDITIONAL CONTRIBUTION.—The term ‘additional
contribution’ means a bequest, legacy, devise, or transfer
described in subsection (a) of any interest in a property
with respect to which the decedent had previously made
an initial fractional contribution.
‘‘(B) INITIAL FRACTIONAL CONTRIBUTION.—The term ‘initial fractional contribution’ means, with respect to any
decedent, any charitable contribution of an undivided portion of the decedent’s entire interest in any tangible personal property for which a deduction was allowed under
section 170.’’.
(c) GIFT TAX.—Section 2522 (relating to charitable and similar
gifts) is amended by redesignating subsection (e) as subsection
(f) and by inserting after subsection (d) the following new subsection:
‘‘(e) SPECIAL RULES FOR FRACTIONAL GIFTS.—
‘‘(1) DENIAL OF DEDUCTION IN CERTAIN CASES.—
‘‘(A) IN GENERAL.—No deduction shall be allowed for
a contribution of an undivided portion of a taxpayer’s entire
interest in tangible personal property unless all interest
in the property is held immediately before such contribution
by—
‘‘(i) the taxpayer, or
‘‘(ii) the taxpayer and the donee.
‘‘(B) EXCEPTIONS.—The Secretary may, by regulation,
provide for exceptions to subparagraph (A) in cases where
all persons who hold an interest in the property make
proportional contributions of an undivided portion of the
entire interest held by such persons.
‘‘(2) VALUATION OF SUBSEQUENT GIFTS.—In the case of any
additional contribution, the fair market value of such contribution shall be determined by using the lesser of—
‘‘(A) the fair market value of the property at the time
of the initial fractional contribution, or
‘‘(B) the fair market value of the property at the time
of the additional contribution.
‘‘(3) RECAPTURE OF DEDUCTION IN CERTAIN CASES; ADDITION
TO TAX.—
‘‘(A) IN GENERAL.—The Secretary shall provide for the
recapture of an amount equal to any deduction allowed
under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer’s entire
interest in tangible personal property—
‘‘(i) in any case in which the donor does not contribute all of the remaining interest in such property
to the donee (or, if such donee is no longer in existence,
to any person described in section 170(c)) before the
earlier of—

Jkt 049139

PO 00280

Frm 00304

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1083

‘‘(I) the date that is 10 years after the date
of the initial fractional contribution, or
‘‘(II) the date of the death of the donor, and
‘‘(ii) in any case in which the donee has not, during
the period beginning on the date of the initial fractional
contribution and ending on the date described in clause
(i)—
‘‘(I) had substantial physical possession of the
property, and
‘‘(II) used the property in a use which is
related to a purpose or function constituting the
basis for the organizations’ exemption under section 501.
‘‘(B) ADDITION TO TAX.—The tax imposed under this
chapter for any taxable year for which there is a recapture
under subparagraph (A) shall be increased by 10 percent
of the amount so recaptured.
‘‘(4) DEFINITIONS.—For purposes of this subsection—
‘‘(A) ADDITIONAL CONTRIBUTION.—The term ‘additional
contribution’ means any gift for which a deduction is
allowed under subsection (a) or (b) of any interest in a
property with respect to which the donor has previously
made an initial fractional contribution.
‘‘(B) INITIAL FRACTIONAL CONTRIBUTION.—The term ‘initial fractional contribution’ means, with respect to any
donor, the first gift of an undivided portion of the donor’s
entire interest in any tangible personal property for which
a deduction is allowed under subsection (a) or (b).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions, bequests, and gifts made after the
date of the enactment of this Act.

26 USC 170 note.

SEC. 1219. PROVISIONS RELATING TO SUBSTANTIAL AND GROSS OVERSTATEMENTS OF VALUATIONS.

(a) MODIFICATION OF THRESHOLDS FOR SUBSTANTIAL AND GROSS
VALUATION MISSTATEMENTS.—
(1) SUBSTANTIAL VALUATION MISSTATEMENT.—
(A) INCOME TAXES.—Subparagraph (A) of section
6662(e)(1) (relating to substantial valuation misstatement
under chapter 1) is amended by striking ‘‘200 percent’’
and inserting ‘‘150 percent’’.
(B) ESTATE AND GIFT TAXES.—Paragraph (1) of section
6662(g) is amended by striking ‘‘50 percent’’ and inserting
‘‘65 percent’’.
(2) GROSS VALUATION MISSTATEMENT.—
(A) INCOME TAXES.—Clauses (i) and (ii) of section
6662(h)(2)(A) (relating to increase in penalty in case of
gross valuation misstatements) are amended to read as
follows:
‘‘(i) in paragraph (1)(A), ‘200 percent’ for ‘150 percent’,
‘‘(ii) in paragraph (1)(B)(i)—
‘‘(I) ‘400 percent’ for ‘200 percent’, and
‘‘(II) ‘25 percent’ for ‘50 percent’, and’’.
(B) ESTATE AND GIFT TAXES.—Subparagraph (C) of section 6662(h)(2) is amended by striking ‘‘ ‘25 percent’ for
‘50 percent’ ’’ and inserting ‘‘ ‘40 percent’ for ‘65 percent’ ’’.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00305

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 6662.

APPS06

PsN: PUBL280

120 STAT. 1084

PUBLIC LAW 109–280—AUG. 17, 2006
(3) ELIMINATION OF REASONABLE CAUSE EXCEPTION FOR
GROSS MISSTATEMENTS.—Section 6664(c)(2) (relating to reason-

26 USC 6664.

able cause exception for underpayments) is amended by striking
‘‘paragraph (1) shall not apply unless’’ and inserting ‘‘paragraph
(1) shall not apply. The preceding sentence shall not apply
to a substantial valuation overstatement under chapter 1 if’’.
(b) PENALTY ON APPRAISERS WHOSE APPRAISALS RESULT IN
SUBSTANTIAL OR GROSS VALUATION MISSTATEMENTS.—
(1) IN GENERAL.—Part I of subchapter B of chapter 68
(relating to assessable penalties) is amended by inserting after
section 6695 the following new section:
26 USC 6695A.

‘‘SEC. 6695A. SUBSTANTIAL AND GROSS VALUATION MISSTATEMENTS
ATTRIBUTABLE TO INCORRECT APPRAISALS.

‘‘(a) IMPOSITION OF PENALTY.—If—
‘‘(1) a person prepares an appraisal of the value of property
and such person knows, or reasonably should have known,
that the appraisal would be used in connection with a return
or a claim for refund, and
‘‘(2) the claimed value of the property on a return or claim
for refund which is based on such appraisal results in a substantial valuation misstatement under chapter 1 (within the
meaning of section 6662(e)), or a gross valuation misstatement
(within the meaning of section 6662(h)), with respect to such
property, then such person shall pay a penalty in the amount
determined under subsection (b).
‘‘(b) AMOUNT OF PENALTY.—The amount of the penalty imposed
under subsection (a) on any person with respect to an appraisal
shall be equal to the lesser of—
‘‘(1) the greater of—
‘‘(A) 10 percent of the amount of the underpayment
(as defined in section 6664(a)) attributable to the
misstatement described in subsection (a)(2), or
‘‘(B) $1,000, or
‘‘(2) 125 percent of the gross income received by the person
described in subsection (a)(1) from the preparation of the
appraisal.
‘‘(c) EXCEPTION.—No penalty shall be imposed under subsection
(a) if the person establishes to the satisfaction of the Secretary
that the value established in the appraisal was more likely than
not the proper value.’’.
(2) RULES APPLICABLE TO PENALTY.—Section 6696 (relating
to rules applicable with respect to sections 6694 and 6695)
is amended—
(A) by striking ‘‘6694 and 6695’’ each place it appears
in the text and heading thereof and inserting ‘‘6694, 6695,
and 6695A’’, and
(B) by striking ‘‘6694 or 6695’’ each place it appears
in the text and inserting ‘‘6694, 6695, or 6695A’’.
(3) CONFORMING AMENDMENT.—The table of sections for
part I of subchapter B of chapter 68 is amended by striking
the item relating to section 6696 and inserting the following
new items:
‘‘Sec. 6695A. Substantial and gross valuation misstatements attributable to incorrect appraisals.
‘‘Sec. 6696. Rules applicable with respect to sections 6694, 6695, and 6695A.’’.

(c) QUALIFIED APPRAISERS AND APPRAISALS.—

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00306

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1085

(1) IN GENERAL.—Subparagraph (E) of section 170(f)(11)
is amended to read as follows:
‘‘(E) QUALIFIED APPRAISAL AND APPRAISER.—For purposes of this paragraph—
‘‘(i) QUALIFIED APPRAISAL.—The term ‘qualified
appraisal’ means, with respect to any property, an
appraisal of such property which—
‘‘(I) is treated for purposes of this paragraph
as a qualified appraisal under regulations or other
guidance prescribed by the Secretary, and
‘‘(II) is conducted by a qualified appraiser in
accordance with generally accepted appraisal
standards and any regulations or other guidance
prescribed under subclause (I).
‘‘(ii) QUALIFIED APPRAISER.—Except as provided in
clause (iii), the term ‘qualified appraiser’ means an
individual who—
‘‘(I) has earned an appraisal designation from
a recognized professional appraiser organization
or has otherwise met minimum education and
experience requirements set forth in regulations
prescribed by the Secretary,
‘‘(II) regularly performs appraisals for which
the individual receives compensation, and
‘‘(III) meets such other requirements as may
be prescribed by the Secretary in regulations or
other guidance.
‘‘(iii) SPECIFIC APPRAISALS.—An individual shall
not be treated as a qualified appraiser with respect
to any specific appraisal unless—
‘‘(I) the individual demonstrates verifiable education and experience in valuing the type of property subject to the appraisal, and
‘‘(II) the individual has not been prohibited
from practicing before the Internal Revenue
Service by the Secretary under section 330(c) of
title 31, United States Code, at any time during
the 3-year period ending on the date of the
appraisal.’’.
(2) REASONABLE CAUSE EXCEPTION.—Subparagraphs (B)
and (C) of section 6664(c)(3) are amended to read as follows:
‘‘(B) QUALIFIED APPRAISAL.—The term ‘qualified
appraisal’ has the meaning given such term by section
170(f)(11)(E)(i).
‘‘(C) QUALIFIED APPRAISER.—The term ‘qualified
appraiser’ has the meaning given such term by section
170(f)(11)(E)(ii).’’.
(d) DISCIPLINARY ACTIONS AGAINST APPRAISERS.—Section 330(c)
of title 31, United States Code, is amended by striking ‘‘with respect
to whom a penalty has been assessed under section 6701(a) of
the Internal Revenue Code of 1986’’.
(e) EFFECTIVE DATES.—
(1) MISSTATEMENT PENALTIES.—Except as provided in paragraph (3), the amendments made by subsection (a) shall apply
to returns filed after the date of the enactment of this Act.
(2) APPRAISER PROVISIONS.—Except as provided in paragraph (3), the amendments made by subsections (b), (c), and

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00307

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 170.

Regulations.

Applicability.
26 USC 170 note.

APPS06

PsN: PUBL280

120 STAT. 1086

PUBLIC LAW 109–280—AUG. 17, 2006
(d) shall apply to appraisals prepared with respect to returns
or submissions filed after the date of the enactment of this
Act.
(3) SPECIAL RULE FOR CERTAIN EASEMENTS.—In the case
of a contribution of a qualified real property interest which
is a restriction with respect to the exterior of a building
described in section 170(h)(4)(C)(ii) of the Internal Revenue
Code of 1986, and an appraisal with respect to the contribution,
the amendments made by subsections (a) and (b) shall apply
to returns filed after July 25, 2006.

SEC.
26 USC 501.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

1220.

ADDITIONAL STANDARDS
ORGANIZATIONS.

FOR

CREDIT

COUNSELING

(a) IN GENERAL.—Section 501 (relating to exemption from tax
on corporations, certain trusts, etc.) is amended by redesignating
subsection (q) as subsection (r) and by inserting after subsection
(p) the following new subsection:
‘‘(q) SPECIAL RULES FOR CREDIT COUNSELING ORGANIZATIONS.—
‘‘(1) IN GENERAL.—An organization with respect to which
the provision of credit counseling services is a substantial purpose shall not be exempt from tax under subsection (a) unless
such organization is described in paragraph (3) or (4) of subsection (c) and such organization is organized and operated
in accordance with the following requirements:
‘‘(A) The organization—
‘‘(i) provides credit counseling services tailored to
the specific needs and circumstances of consumers,
‘‘(ii) makes no loans to debtors (other than loans
with no fees or interest) and does not negotiate the
making of loans on behalf of debtors,
‘‘(iii) provides services for the purpose of improving
a consumer’s credit record, credit history, or credit
rating only to the extent that such services are incidental to providing credit counseling services, and
‘‘(iv) does not charge any separately stated fee
for services for the purpose of improving any consumer’s credit record, credit history, or credit rating.
‘‘(B) The organization does not refuse to provide credit
counseling services to a consumer due to the inability of
the consumer to pay, the ineligibility of the consumer for
debt management plan enrollment, or the unwillingness
of the consumer to enroll in a debt management plan.
‘‘(C) The organization establishes and implements a
fee policy which—
‘‘(i) requires that any fees charged to a consumer
for services are reasonable,
‘‘(ii) allows for the waiver of fees if the consumer
is unable to pay, and
‘‘(iii) except to the extent allowed by State law,
prohibits charging any fee based in whole or in part
on a percentage of the consumer’s debt, the consumer’s
payments to be made pursuant to a debt management
plan, or the projected or actual savings to the consumer
resulting from enrolling in a debt management plan.
‘‘(D) At all times the organization has a board of directors or other governing body—

Jkt 049139

PO 00280

Frm 00308

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1087

‘‘(i) which is controlled by persons who represent
the broad interests of the public, such as public officials
acting in their capacities as such, persons having special knowledge or expertise in credit or financial education, and community leaders,
‘‘(ii) not more than 20 percent of the voting power
of which is vested in persons who are employed by
the organization or who will benefit financially, directly
or indirectly, from the organization’s activities (other
than through the receipt of reasonable directors’ fees
or the repayment of consumer debt to creditors other
than the credit counseling organization or its affiliates),
and
‘‘(iii) not more than 49 percent of the voting power
of which is vested in persons who are employed by
the organization or who will benefit financially, directly
or indirectly, from the organization’s activities (other
than through the receipt of reasonable directors’ fees).
‘‘(E) The organization does not own more than 35 percent of—
‘‘(i) the total combined voting power of any corporation (other than a corporation which is an organization
described in subsection (c)(3) and exempt from tax
under subsection (a)) which is in the trade or business
of lending money, repairing credit, or providing debt
management plan services, payment processing, or
similar services,
‘‘(ii) the profits interest of any partnership (other
than a partnership which is an organization described
in subsection (c)(3) and exempt from tax under subsection (a)) which is in the trade or business of lending
money, repairing credit, or providing debt management
plan services, payment processing, or similar services,
and
‘‘(iii) the beneficial interest of any trust or estate
(other than a trust which is an organization described
in subsection (c)(3) and exempt from tax under subsection (a)) which is in the trade or business of lending
money, repairing credit, or providing debt management
plan services, payment processing, or similar services.
‘‘(F) The organization receives no amount for providing
referrals to others for debt management plan services, and
pays no amount to others for obtaining referrals of consumers.
‘‘(2) ADDITIONAL REQUIREMENTS FOR ORGANIZATIONS
DESCRIBED IN SUBSECTION (c)(3).—
‘‘(A) IN GENERAL.—In addition to the requirements
under paragraph (1), an organization with respect to which
the provision of credit counseling services is a substantial
purpose and which is described in paragraph (3) of subsection (c) shall not be exempt from tax under subsection
(a) unless such organization is organized and operated
in accordance with the following requirements:
‘‘(i) The organization does not solicit contributions
from consumers during the initial counseling process
or while the consumer is receiving services from the
organization.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00309

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1088

26 USC 513.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(ii) The aggregate revenues of the organization
which are from payments of creditors of consumers
of the organization and which are attributable to debt
management plan services do not exceed the applicable
percentage of the total revenues of the organization.
‘‘(B) APPLICABLE PERCENTAGE.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(A)(ii), the applicable percentage is 50 percent.
‘‘(ii) TRANSITION RULE.—Notwithstanding clause
(i), in the case of an organization with respect to which
the provision of credit counseling services is a substantial purpose and which is described in paragraph (3)
of subsection (c) and exempt from tax under subsection
(a) on the date of the enactment of this subsection,
the applicable percentage is—
‘‘(I) 80 percent for the first taxable year of
such organization beginning after the date which
is 1 year after the date of the enactment of this
subsection, and
‘‘(II) 70 percent for the second such taxable
year beginning after such date, and
‘‘(III) 60 percent for the third such taxable
year beginning after such date.
‘‘(3) ADDITIONAL REQUIREMENT FOR ORGANIZATIONS
DESCRIBED IN SUBSECTION (c)(4).—In addition to the requirements under paragraph (1), an organization with respect to
which the provision of credit counseling services is a substantial
purpose and which is described in paragraph (4) of subsection
(c) shall not be exempt from tax under subsection (a) unless
such organization notifies the Secretary, in such manner as
the Secretary may by regulations prescribe, that it is applying
for recognition as a credit counseling organization.
‘‘(4) CREDIT COUNSELING SERVICES; DEBT MANAGEMENT PLAN
SERVICES.—For purposes of this subsection—
‘‘(A) CREDIT COUNSELING SERVICES.—The term ‘credit
counseling services’ means—
‘‘(i) the providing of educational information to
the general public on budgeting, personal finance,
financial literacy, saving and spending practices, and
the sound use of consumer credit,
‘‘(ii) the assisting of individuals and families with
financial problems by providing them with counseling,
or
‘‘(iii) a combination of the activities described in
clauses (i) and (ii).
‘‘(B) DEBT MANAGEMENT PLAN SERVICES.—The term
‘debt management plan services’ means services related
to the repayment, consolidation, or restructuring of a consumer’s debt, and includes the negotiation with creditors
of lower interest rates, the waiver or reduction of fees,
and the marketing and processing of debt management
plans.’’.
(b) DEBT MANAGEMENT PLAN SERVICES TREATED AS AN UNRELATED BUSINESS.—Section 513 (relating to unrelated trade or business) is amended by adding at the end the following:
‘‘(j) DEBT MANAGEMENT PLAN SERVICES.—The term ‘unrelated
trade or business’ includes the provision of debt management plan

Jkt 049139

PO 00280

Frm 00310

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1089

services (as defined in section 501(q)(4)(B)) by any organization
other than an organization which meets the requirements of section
501(q).’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) TRANSITION RULE FOR EXISTING ORGANIZATIONS.—In the
case of any organization described in paragraph (3) or (4) of
section 501(c) of the Internal Revenue Code of 1986 and with
respect to which the provision of credit counseling services
is a substantial purpose on the date of the enactment of this
Act, the amendments made by this section shall apply to taxable
years beginning after the date which is 1 year after the date
of the enactment of this Act.

26 USC 501 note.

SEC. 1221. EXPANSION OF THE BASE OF TAX ON PRIVATE FOUNDATION
NET INVESTMENT INCOME.

(a) GROSS INVESTMENT INCOME.—
(1) IN GENERAL.—Paragraph (2) of section 4940(c) (relating
to gross investment income) is amended by adding at the end
the following new sentence: ‘‘Such term shall also include
income from sources similar to those in the preceding sentence.’’.
(2) CONFORMING AMENDMENT.—Subsection (e) of section
509 (relating to gross investment income) is amended by adding
at the end the following new sentence: ‘‘Such term shall also
include income from sources similar to those in the preceding
sentence.’’.
(b) CAPITAL GAIN NET INCOME.—Paragraph (4) of section
4940(c) (relating to capital gains and losses) is amended—
(1) in subparagraph (A), by striking ‘‘used for the production of interest, dividends, rents, and royalties’’ and inserting
‘‘used for the production of gross investment income (as defined
in paragraph (2))’’,
(2) in subparagraph (C), by inserting ‘‘or carrybacks’’ after
‘‘carryovers’’, and
(3) by adding at the end the following new subparagraph:
‘‘(D) Except to the extent provided by regulation, under
rules similar to the rules of section 1031 (including the
exception under subsection (a)(2) thereof), no gain or loss
shall be taken into account with respect to any portion
of property used for a period of not less than 1 year for
a purpose or function constituting the basis of the private
foundation’s exemption if the entire property is exchanged
immediately following such period solely for property of
like kind which is to be used primarily for a purpose
or function constituting the basis for such foundation’s
exemption.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
SEC.

1222.

DEFINITION
CHURCHES.

OF

CONVENTION

OR

ASSOCIATION

26 USC 4940.

26 USC 509 note.

OF

Section 7701 (relating to definitions) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00311

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1090

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(o) CONVENTION OR ASSOCIATION OF CHURCHES.—For purposes
of this title, any organization which is otherwise a convention
or association of churches shall not fail to so qualify merely because
the membership of such organization includes individuals as well
as churches or because individuals have voting rights in such
organization.’’.
SEC. 1223. NOTIFICATION REQUIREMENT FOR ENTITIES NOT CURRENTLY REQUIRED TO FILE.
26 USC 6033.

Revocation.

Publication.
Records.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

(a) IN GENERAL.—Section 6033 (relating to returns by exempt
organizations), as amended by this Act, is amended by redesignating
subsection (i) as subsection (j) and by inserting after subsection
(h) the following new subsection:
‘‘(i) ADDITIONAL NOTIFICATION REQUIREMENTS.—Any organization the gross receipts of which in any taxable year result in
such organization being referred to in subsection (a)(3)(A)(ii) or
(a)(3)(B)—
‘‘(1) shall furnish annually, in electronic form, and at such
time and in such manner as the Secretary may by regulations
prescribe, information setting forth—
‘‘(A) the legal name of the organization,
‘‘(B) any name under which such organization operates
or does business,
‘‘(C) the organization’s mailing address and Internet
web site address (if any),
‘‘(D) the organization’s taxpayer identification number,
‘‘(E) the name and address of a principal officer, and
‘‘(F) evidence of the continuing basis for the organization’s exemption from the filing requirements under subsection (a)(1), and
‘‘(2) upon the termination of the existence of the organization, shall furnish notice of such termination.’’.
(b) LOSS OF EXEMPT STATUS FOR FAILURE TO FILE RETURN
OR NOTICE.—Section 6033 (relating to returns by exempt organizations), as amended by subsection (a), is amended by redesignating
subsection (j) as subsection (k) and by inserting after subsection
(i) the following new subsection:
‘‘(j) LOSS OF EXEMPT STATUS FOR FAILURE TO FILE RETURN
OR NOTICE.—
‘‘(1) IN GENERAL.—If an organization described in subsection (a)(1) or (i) fails to file an annual return or notice
required under either subsection for 3 consecutive years, such
organization’s status as an organization exempt from tax under
section 501(a) shall be considered revoked on and after the
date set by the Secretary for the filing of the third annual
return or notice. The Secretary shall publish and maintain
a list of any organization the status of which is so revoked.
‘‘(2) APPLICATION NECESSARY FOR REINSTATEMENT.—Any
organization the tax-exempt status of which is revoked under
paragraph (1) must apply in order to obtain reinstatement
of such status regardless of whether such organization was
originally required to make such an application.
‘‘(3) RETROACTIVE REINSTATEMENT IF REASONABLE CAUSE
SHOWN FOR FAILURE.—If, upon application for reinstatement
of status as an organization exempt from tax under section
501(a), an organization described in paragraph (1) can show
to the satisfaction of the Secretary evidence of reasonable cause

Jkt 049139

PO 00280

Frm 00312

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1091

for the failure described in such paragraph, the organization’s
exempt status may, in the discretion of the Secretary, be
reinstated effective from the date of the revocation under such
paragraph.’’.
(c) NO DECLARATORY JUDGMENT RELIEF.—Section 7428(b)
(relating to limitations) is amended by adding at the end the following new paragraph:
‘‘(4) NONAPPLICATION FOR CERTAIN REVOCATIONS.—No
action may be brought under this section with respect to any
revocation of status described in section 6033(j)(1).’’.
(d) NO MONETARY PENALTY FOR FAILURE TO NOTIFY.—Section
6652(c)(1) (relating to annual returns under section 6033 or
6012(a)(6)) is amended by adding at the end the following new
subparagraph:
‘‘(E) NO PENALTY FOR CERTAIN ANNUAL NOTICES.—This
paragraph shall not apply with respect to any notice
required under section 6033(i).’’.
(e) SECRETARIAL OUTREACH REQUIREMENTS.—
(1) NOTICE REQUIREMENT.—The Secretary of the Treasury
shall notify in a timely manner every organization described
in section 6033(i) of the Internal Revenue Code of 1986 (as
added by this section) of the requirement under such section
6033(i) and of the penalty established under section 6033(j)
of such Code—
(A) by mail, in the case of any organization the identity
and address of which is included in the list of exempt
organizations maintained by the Secretary, and
(B) by Internet or other means of outreach, in the
case of any other organization.
(2) LOSS OF STATUS PENALTY FOR FAILURE TO FILE
RETURN.—The Secretary of the Treasury shall publicize, in
a timely manner in appropriate forms and instructions and
through other appropriate means, the penalty established under
section 6033(j) of such Code for the failure to file a return
under subsection (a)(1) or (i) of section 6033 of such Code.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to notices and returns with respect to annual periods
beginning after 2006.

26 USC 7428.

26 USC 6033
note.

Public
information.

26 USC 6033
note.

SEC. 1224. DISCLOSURE TO STATE OFFICIALS RELATING TO EXEMPT
ORGANIZATIONS.

(a) IN GENERAL.—Subsection (c) of section 6104 is amended
by striking paragraph (2) and inserting the following new paragraphs:
‘‘(2) DISCLOSURE OF PROPOSED ACTIONS RELATED TO CHARITABLE ORGANIZATIONS.—
‘‘(A) SPECIFIC NOTIFICATIONS.—In the case of an
organization to which paragraph (1) applies, the Secretary
may disclose to the appropriate State officer—
‘‘(i) a notice of proposed refusal to recognize such
organization as an organization described in section
501(c)(3) or a notice of proposed revocation of such
organization’s recognition as an organization exempt
from taxation,
‘‘(ii) the issuance of a letter of proposed deficiency
of tax imposed under section 507 or chapter 41 or
42, and

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00313

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1092

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(iii) the names, addresses, and taxpayer identification numbers of organizations which have applied for
recognition as organizations described in section
501(c)(3).
‘‘(B) ADDITIONAL DISCLOSURES.—Returns and return
information of organizations with respect to which information is disclosed under subparagraph (A) may be made
available for inspection by or disclosed to an appropriate
State officer.
‘‘(C) PROCEDURES FOR DISCLOSURE.—Information may
be inspected or disclosed under subparagraph (A) or (B)
only—
‘‘(i) upon written request by an appropriate State
officer, and
‘‘(ii) for the purpose of, and only to the extent
necessary in, the administration of State laws regulating such organizations.
Such information may only be inspected by or disclosed
to a person other than the appropriate State officer if
such person is an officer or employee of the State and
is designated by the appropriate State officer to receive
the returns or return information under this paragraph
on behalf of the appropriate State officer.
‘‘(D) DISCLOSURES OTHER THAN BY REQUEST.—The Secretary may make available for inspection or disclose returns
and return information of an organization to which paragraph (1) applies to an appropriate State officer of any
State if the Secretary determines that such returns or
return information may constitute evidence of noncompliance under the laws within the jurisdiction of the appropriate State officer.
‘‘(3) DISCLOSURE WITH RESPECT TO CERTAIN OTHER EXEMPT
ORGANIZATIONS.—Upon written request by an appropriate State
officer, the Secretary may make available for inspection or
disclosure returns and return information of any organization
described in section 501(c) (other than organizations described
in paragraph (1) or (3) thereof) for the purpose of, and only
to the extent necessary in, the administration of State laws
regulating the solicitation or administration of the charitable
funds or charitable assets of such organizations. Such information may only be inspected by or disclosed to a person other
than the appropriate State officer if such person is an officer
or employee of the State and is designated by the appropriate
State officer to receive the returns or return information under
this paragraph on behalf of the appropriate State officer.
‘‘(4) USE IN CIVIL JUDICIAL AND ADMINISTRATIVE PROCEEDINGS.—Returns and return information disclosed pursuant
to this subsection may be disclosed in civil administrative and
civil judicial proceedings pertaining to the enforcement of State
laws regulating such organizations in a manner prescribed
by the Secretary similar to that for tax administration proceedings under section 6103(h)(4).
‘‘(5) NO DISCLOSURE IF IMPAIRMENT.—Returns and return
information shall not be disclosed under this subsection, or
in any proceeding described in paragraph (4), to the extent
that the Secretary determines that such disclosure would seriously impair Federal tax administration.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00314

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1093

‘‘(6) DEFINITIONS.—For purposes of this subsection—
‘‘(A) RETURN AND RETURN INFORMATION.—The terms
‘return’ and ‘return information’ have the respective
meanings given to such terms by section 6103(b).
‘‘(B) APPROPRIATE STATE OFFICER.—The term ‘appropriate State officer’ means—
‘‘(i) the State attorney general,
‘‘(ii) the State tax officer,
‘‘(iii) in the case of an organization to which paragraph (1) applies, any other State official charged with
overseeing organizations of the type described in section 501(c)(3), and
‘‘(iv) in the case of an organization to which paragraph (3) applies, the head of an agency designated
by the State attorney general as having primary
responsibility for overseeing the solicitation of funds
for charitable purposes.’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 6103(a) is amended by inserting
‘‘or section 6104(c)’’ after ‘‘this section’’.
(2) Subparagraph (A) of section 6103(p)(3) is amended by
inserting ‘‘and section 6104(c)’’ after ‘‘section’’ in the first sentence.
(3) Paragraph (4) of section 6103(p) is amended—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘, any appropriate State officer (as defined in
section 6104(c)),’’ before ‘‘or any other person’’,
(B) in subparagraph (F)(i), by inserting ‘‘any appropriate State officer (as defined in section 6104(c)),’’ before
‘‘or any other person’’, and
(C) in the matter following subparagraph (F), by
inserting ‘‘, an appropriate State officer (as defined in section 6104(c)),’’ after ‘‘including an agency’’ each place it
appears.
(4) The heading for paragraph (1) of section 6104(c) is
amended by inserting ‘‘FOR CHARITABLE ORGANIZATIONS’’ after
‘‘RULE’’.
(5) Paragraph (2) of section 7213(a) is amended by inserting
‘‘or under section 6104(c)’’ after ‘‘6103’’.
(6) Paragraph (2) of section 7213A(a) is amended by
inserting ‘‘or under section 6104(c)’’ after ‘‘7213(a)(2)’’.
(7) Paragraph (2) of section 7431(a) is amended by inserting
‘‘or in violation of section 6104(c)’’ after ‘‘6103’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act but
shall not apply to requests made before such date.

26 USC 6103.

SEC. 1225. PUBLIC DISCLOSURE OF INFORMATION RELATING TO UNRELATED BUSINESS INCOME TAX RETURNS.

(a) IN GENERAL.—Subparagraph (A) of section 6104(d)(1) is
amended by redesignating clauses (ii) and (iii) as clauses (iii) and
(iv), respectively, and by inserting after clause (i) the following
new clause:
‘‘(ii) any annual return filed under section 6011
which relates to any tax imposed by section 511
(relating to imposition of tax on unrelated business
income of charitable, etc., organizations) by such

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00315

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1094

26 USC 6104
note.

PUBLIC LAW 109–280—AUG. 17, 2006

organization, but only if such organization is described
in section 501(c)(3),’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to returns filed after the date of the enactment of
this Act.
SEC. 1226. STUDY ON DONOR ADVISED FUNDS AND SUPPORTING
ORGANIZATIONS.

(a) STUDY.—The Secretary of the Treasury shall undertake
a study on the organization and operation of donor advised funds
(as defined in section 4966(d)(2) of the Internal Revenue Code
of 1986, as added by this Act) and of organizations described in
section 509(a)(3) of such Code. The study shall specifically consider—
(1) whether the deductions allowed for the income, gift,
or estate taxes for charitable contributions to sponsoring
organizations (as defined in section 4966(d)(1) of such Code,
as added by this Act) of donor advised funds or to organizations
described in section 509(a)(3) of such Code are appropriate
in consideration of—
(A) the use of contributed assets (including the type,
extent, and timing of such use), or
(B) the use of the assets of such organizations for
the benefit of the person making the charitable contribution
(or a person related to such person),
(2) whether donor advised funds should be required to
distribute for charitable purposes a specified amount (whether
based on the income or assets of the fund) in order to ensure
that the sponsoring organization with respect to such donor
advised fund is operating consistent with the purposes or functions constituting the basis for its exemption under section
501, or its status as an organization described in section 509(a),
of such Code,
(3) whether the retention by donors to organizations
described in paragraph (1) of rights or privileges with respect
to amounts transferred to such organizations (including
advisory rights or privileges with respect to the making of
grants or the investment of assets) is consistent with the treatment of such transfers as completed gifts that qualify for a
deduction for income, gift, or estate taxes, and
(4) whether the issues raised by paragraphs (1), (2), and
(3) are also issues with respect to other forms of charities
or charitable donations.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall submit to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a report on
the study conducted under subsection (a) and make such recommendations as the Secretary of the Treasury considers appropriate.

PART 2—IMPROVED ACCOUNTABILITY OF
DONOR ADVISED FUNDS
SEC. 1231. EXCISE TAXES RELATING TO DONOR ADVISED FUNDS.

(a) IN GENERAL.—Chapter 42 (relating to private foundations
and certain other tax-exempt organizations), as amended by the

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00316

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1095

Tax Increase Prevention and Reconciliation Act of 2005, is amended
by adding at the end the following new subchapter:
‘‘Subchapter G—Donor Advised Funds
‘‘Sec. 4966. Taxes on taxable distributions.
‘‘Sec. 4967. Taxes on prohibited benefits.
‘‘SEC. 4966. TAXES ON TAXABLE DISTRIBUTIONS.

26 USC 4966.

‘‘(a) IMPOSITION OF TAXES.—
‘‘(1) ON THE SPONSORING ORGANIZATION.—There is hereby
imposed on each taxable distribution a tax equal to 20 percent
of the amount thereof. The tax imposed by this paragraph
shall be paid by the sponsoring organization with respect to
the donor advised fund.
‘‘(2) ON THE FUND MANAGEMENT.—There is hereby imposed
on the agreement of any fund manager to the making of a
distribution, knowing that it is a taxable distribution, a tax
equal to 5 percent of the amount thereof. The tax imposed
by this paragraph shall be paid by any fund manager who
agreed to the making of the distribution.
‘‘(b) SPECIAL RULES.—For purposes of subsection (a)—
‘‘(1) JOINT AND SEVERAL LIABILITY.—If more than one person is liable under subsection (a)(2) with respect to the making
of a taxable distribution, all such persons shall be jointly and
severally liable under such paragraph with respect to such
distribution.
‘‘(2) LIMIT FOR MANAGEMENT.—With respect to any one
taxable distribution, the maximum amount of the tax imposed
by subsection (a)(2) shall not exceed $10,000.
‘‘(c) TAXABLE DISTRIBUTION.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘taxable distribution’ means
any distribution from a donor advised fund—
‘‘(A) to any natural person, or
‘‘(B) to any other person if—
‘‘(i) such distribution is for any purpose other than
one specified in section 170(c)(2)(B), or
‘‘(ii) the sponsoring organization does not exercise
expenditure responsibility with respect to such distribution in accordance with section 4945(h).
‘‘(2) EXCEPTIONS.—Such term shall not include any distribution from a donor advised fund—
‘‘(A) to any organization described in section
170(b)(1)(A) (other than a disqualified supporting organization),
‘‘(B) to the sponsoring organization of such donor
advised fund, or
‘‘(C) to any other donor advised fund.
‘‘(d) DEFINITIONS.—For purposes of this subchapter—
‘‘(1) SPONSORING ORGANIZATION.—The term ‘sponsoring
organization’ means any organization which—
‘‘(A) is described in section 170(c) (other than in paragraph (1) thereof, and without regard to paragraph (2)(A)
thereof),
‘‘(B) is not a private foundation (as defined in section
509(a)), and
‘‘(C) maintains 1 or more donor advised funds.
‘‘(2) DONOR ADVISED FUND.—

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00317

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1096

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) or (C), the term ‘donor advised fund’ means a fund
or account—
‘‘(i) which is separately identified by reference to
contributions of a donor or donors,
‘‘(ii) which is owned and controlled by a sponsoring
organization, and
‘‘(iii) with respect to which a donor (or any person
appointed or designated by such donor) has, or reasonably expects to have, advisory privileges with respect
to the distribution or investment of amounts held in
such fund or account by reason of the donor’s status
as a donor.
‘‘(B) EXCEPTIONS.—The term ‘donor advised fund’ shall
not include any fund or account—
‘‘(i) which makes distributions only to a single
identified organization or governmental entity, or
‘‘(ii) with respect to which a person described in
subparagraph (A)(iii) advises as to which individuals
receive grants for travel, study, or other similar purposes, if—
‘‘(I) such person’s advisory privileges are performed exclusively by such person in the person’s
capacity as a member of a committee all of the
members of which are appointed by the sponsoring
organization,
‘‘(II) no combination of persons described in
subparagraph (A)(iii) (or persons related to such
persons) control, directly or indirectly, such committee, and
‘‘(III) all grants from such fund or account
are awarded on an objective and nondiscriminatory
basis pursuant to a procedure approved in advance
by the board of directors of the sponsoring
organization, and such procedure is designed to
ensure that all such grants meet the requirements
of paragraph (1), (2), or (3) of section 4945(g).
‘‘(C) SECRETARIAL AUTHORITY.—The Secretary may
exempt a fund or account not described in subparagraph
(B) from treatment as a donor advised fund—
‘‘(i) if such fund or account is advised by a committee not directly or indirectly controlled by the donor
or any person appointed or designated by the donor
for the purpose of advising with respect to distributions
from such fund (and any related parties), or
‘‘(ii) if such fund benefits a single identified charitable purpose.
‘‘(3) FUND MANAGER.—The term ‘fund manager’ means, with
respect to any sponsoring organization—
‘‘(A) an officer, director, or trustee of such sponsoring
organization (or an individual having powers or responsibilities similar to those of officers, directors, or trustees of
the sponsoring organization), and
‘‘(B) with respect to any act (or failure to act), the
employees of the sponsoring organization having authority
or responsibility with respect to such act (or failure to
act).

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00318

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1097

‘‘(4) DISQUALIFIED SUPPORTING ORGANIZATION.—
‘‘(A) IN GENERAL.—The term ‘disqualified supporting
organization’ means, with respect to any distribution—
‘‘(i) any type III supporting organization (as
defined in section 4943(f)(5)(A)) which is not a functionally integrated type III supporting organization (as
defined in section 4943(f)(5)(B)), and
‘‘(ii) any organization which is described in
subparagraph (B) or (C) if—
‘‘(I) the donor or any person designated by
the donor for the purpose of advising with respect
to distributions from a donor advised fund (and
any related parties) directly or indirectly controls
a supported organization (as defined in section
509(f)(3)) of such organization, or
‘‘(II) the Secretary determines by regulations
that a distribution to such organization otherwise
is inappropriate.
‘‘(B) TYPE I AND TYPE II SUPPORTING ORGANIZATIONS.—
An organization is described in this subparagraph if the
organization meets the requirements of subparagraphs (A)
and (C) of section 509(a)(3) and is—
‘‘(i) operated, supervised, or controlled by one or
more organizations described in paragraph (1) or (2)
of section 509(a), or
‘‘(ii) supervised or controlled in connection with
one or more such organizations.
‘‘(C) FUNCTIONALLY INTEGRATED TYPE III SUPPORTING
ORGANIZATIONS.—An organization is described in this
subparagraph if the organization is a functionally
integrated type III supporting organization (as defined
under section 4943(f)(5)(B)).
‘‘SEC. 4967. TAXES ON PROHIBITED BENEFITS.

Regulations.

26 USC 4967.

‘‘(a) IMPOSITION OF TAXES.—
‘‘(1) ON THE DONOR, DONOR ADVISOR, OR RELATED PERSON.—
There is hereby imposed on the advice of any person described
in subsection (d) to have a sponsoring organization make a
distribution from a donor advised fund which results in such
person or any other person described in subsection (d) receiving,
directly or indirectly, a more than incidental benefit as a result
of such distribution, a tax equal to 125 percent of such benefit.
The tax imposed by this paragraph shall be paid by any person
described in subsection (d) who advises as to the distribution
or who receives such a benefit as a result of the distribution.
‘‘(2) ON THE FUND MANAGEMENT.—There is hereby imposed
on the agreement of any fund manager to the making of a
distribution, knowing that such distribution would confer a
benefit described in paragraph (1), a tax equal to 10 percent
of the amount of such benefit. The tax imposed by this paragraph shall be paid by any fund manager who agreed to the
making of the distribution.
‘‘(b) EXCEPTION.—No tax shall be imposed under this section
with respect to any distribution if a tax has been imposed with
respect to such distribution under section 4958.
‘‘(c) SPECIAL RULES.—For purposes of subsection (a)—

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00319

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1098

26 USC 4963.

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(1) JOINT AND SEVERAL LIABILITY.—If more than one person is liable under paragraph (1) or (2) of subsection (a) with
respect to a distribution described in subsection (a), all such
persons shall be jointly and severally liable under such paragraph with respect to such distribution.
‘‘(2) LIMIT FOR MANAGEMENT.—With respect to any one
distribution described in subsection (a), the maximum amount
of the tax imposed by subsection (a)(2) shall not exceed $10,000.
‘‘(d) PERSON DESCRIBED.—A person is described in this subsection if such person is described in section 4958(f)(7) with respect
to a donor advised fund.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 4963 is amended by inserting ‘‘4966, 4967,’’
after ‘‘4958,’’ each place it appears in subsections (a) and (c).
(2) The table of subchapters for chapter 42 is amended
by adding at the end the following new item:
‘‘SUBCHAPTER G—DONOR

26 USC 4963
note.

ADVISED FUNDS’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1232. EXCESS BENEFIT TRANSACTIONS INVOLVING DONOR
ADVISED FUNDS AND SPONSORING ORGANIZATIONS.

(a) DISQUALIFIED PERSONS.—
(1) IN GENERAL.—Paragraph (1) of section 4958(f) is
amended by striking ‘‘and’’ at the end of subparagraph (B),
by striking the period at the end of subparagraph (C) and
inserting a comma, and by adding after subparagraph (C) the
following new subparagraphs:
‘‘(D) which involves a donor advised fund (as defined
in section 4966(d)(2)), any person who is described in paragraph (7) with respect to such donor advised fund (as
so defined), and
‘‘(E) which involves a sponsoring organization (as
defined in section 4966(d)(1)), any person who is described
in paragraph (8) with respect to such sponsoring organization (as so defined).’’.
(2) DONORS, DONOR ADVISORS, AND INVESTMENT ADVISORS
TREATED AS DISQUALIFIED PERSONS.—Section 4958(f) is amended
by adding at the end the following new paragraphs:
‘‘(7) DONORS AND DONOR ADVISORS.—For purposes of paragraph (1)(E), a person is described in this paragraph if such
person—
‘‘(A) is described in section 4966(d)(2)(A)(iii),
‘‘(B) is a member of the family of an individual
described in subparagraph (A), or
‘‘(C) is a 35-percent controlled entity (as defined in
paragraph (3) by substituting ‘persons described in
subparagraph (A) or (B) of paragraph (7)’ for ‘persons
described in subparagraph (A) or (B) of paragraph (1)’
in subparagraph (A)(i) thereof).
‘‘(8) INVESTMENT ADVISORS.—For purposes of paragraph
(1)(F)—
‘‘(A) IN GENERAL.—A person is described in this paragraph if such person—
‘‘(i) is an investment advisor,

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00320

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1099

‘‘(ii) is a member of the family of an individual
described in clause (i), or
‘‘(iii) is a 35-percent controlled entity (as defined
in paragraph (3) by substituting ‘persons described
in clause (i) or (ii) of paragraph (8)(A)’ for ‘persons
described in subparagraph (A) or (B) of paragraph
(1)’ in subparagraph (A)(i) thereof).
‘‘(B) INVESTMENT ADVISOR DEFINED.—For purposes of
subparagraph (A), the term ‘investment advisor’ means,
with respect to any sponsoring organization (as defined
in section 4966(d)(1)), any person (other than an employee
of such organization) compensated by such organization
for managing the investment of, or providing investment
advice with respect to, assets maintained in donor advised
funds (as defined in section 4966(d)(2)) owned by such
organization.’’.
(b) CERTAIN TRANSACTIONS TREATED AS EXCESS BENEFIT TRANSACTIONS.—
(1) IN GENERAL.—Section 4958(c) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following new paragraph:
‘‘(2) SPECIAL RULES FOR DONOR ADVISED FUNDS.—In the
case of any donor advised fund (as defined in section
4966(d)(2))—
‘‘(A) the term ‘excess benefit transaction’ includes any
grant, loan, compensation, or other similar payment from
such fund to a person described in subsection (f)(7) with
respect to such fund, and
‘‘(B) the term ‘excess benefit’ includes, with respect
to any transaction described in subparagraph (A), the
amount of any such grant, loan, compensation, or other
similar payment.’’.
(2) SPECIAL RULE FOR CORRECTION OF TRANSACTION.—Section 4958(f)(6) is amended by inserting ‘‘, except that in the
case of any correction of an excess benefit transaction described
in subsection (c)(2), no amount repaid in a manner prescribed
by the Secretary may be held in any donor advised fund’’
after ‘‘standards’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to transactions occurring after the date of the enactment
of this Act.

26 USC 4958.

26 USC 4958
note.

SEC. 1233. EXCESS BUSINESS HOLDINGS OF DONOR ADVISED FUNDS.

(a) IN GENERAL.—Section 4943 is amended by adding at the
end the following new subsection:
‘‘(e) APPLICATION OF TAX TO DONOR ADVISED FUNDS.—
‘‘(1) IN GENERAL.—For purposes of this section, a donor
advised fund (as defined in section 4966(d)(2)) shall be treated
as a private foundation.
‘‘(2) DISQUALIFIED PERSON.—In applying this section to any
donor advised fund (as so defined), the term ‘disqualified person’
means, with respect to the donor advised fund, any person
who is—
‘‘(A) described in section 4966(d)(2)(A)(iii),
‘‘(B) a member of the family of an individual described
in subparagraph (A), or

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00321

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1100

26 USC 4943
note.

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(C) a 35-percent controlled entity (as defined in section
4958(f)(3) by substituting ‘persons described in subparagraph (A) or (B) of section 4943(e)(2)’ for ‘persons described
in subparagraph (A) or (B) of paragraph (1)’ in subparagraph (A)(i) thereof).
‘‘(3) PRESENT HOLDINGS.—For purposes of this subsection,
rules similar to the rules of paragraphs (4), (5), and (6) of
subsection (c) shall apply to donor advised funds (as so defined),
except that—
‘‘(A) ‘the date of the enactment of this subsection’ shall
be substituted for ‘May 26, 1969’ each place it appears
in paragraphs (4), (5), and (6), and
‘‘(B) ‘January 1, 2007’ shall be substituted for ‘January
1, 1970’ in paragraph (4)(E).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1234. TREATMENT OF CHARITABLE CONTRIBUTION DEDUCTIONS
TO DONOR ADVISED FUNDS.

26 USC 170.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

(a) INCOME.—Section 170(f) (relating to disallowance of deduction in certain cases and special rules), as amended by this Act,
is amended by adding at the end the following new paragraph:
‘‘(18) CONTRIBUTIONS TO DONOR ADVISED FUNDS.—A deduction otherwise allowed under subsection (a) for any contribution
to a donor advised fund (as defined in section 4966(d)(2)) shall
only be allowed if—
‘‘(A) the sponsoring organization (as defined in section
4966(d)(1)) with respect to such donor advised fund is not—
‘‘(i) described in paragraph (3), (4), or (5) of subsection (c), or
‘‘(ii) a type III supporting organization (as defined
in section 4943(f)(5)(A)) which is not a functionally
integrated type III supporting organization (as defined
in section 4943(f)(5)(B)), and
‘‘(B) the taxpayer obtains a contemporaneous written
acknowledgment (determined under rules similar to the
rules of paragraph (8)(C)) from the sponsoring organization
(as so defined) of such donor advised fund that such
organization has exclusive legal control over the assets
contributed.’’.
(b) ESTATE.—Section 2055(e) is amended by adding at the end
the following new paragraph:
‘‘(5) CONTRIBUTIONS TO DONOR ADVISED FUNDS.—A deduction otherwise allowed under subsection (a) for any contribution
to a donor advised fund (as defined in section 4966(d)(2)) shall
only be allowed if—
‘‘(A) the sponsoring organization (as defined in section
4966(d)(1)) with respect to such donor advised fund is not—
‘‘(i) described in paragraph (3) or (4) of subsection
(a), or
‘‘(ii) a type III supporting organization (as defined
in section 4943(f)(5)(A)) which is not a functionally
integrated type III supporting organization (as defined
in section 4943(f)(5)(B)), and
‘‘(B) the taxpayer obtains a contemporaneous written
acknowledgment (determined under rules similar to the

Jkt 049139

PO 00280

Frm 00322

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1101

rules of section 170(f)(8)(C)) from the sponsoring organization (as so defined) of such donor advised fund that such
organization has exclusive legal control over the assets
contributed.’’.
(c) GIFT.—Section 2522(c) is amended by adding at the end
the following new paragraph:
‘‘(5) CONTRIBUTIONS TO DONOR ADVISED FUNDS.—A deduction otherwise allowed under subsection (a) for any contribution
to a donor advised fund (as defined in section 4966(d)(2)) shall
only be allowed if—
‘‘(A) the sponsoring organization (as defined in section
4966(d)(1)) with respect to such donor advised fund is not—
‘‘(i) described in paragraph (3) or (4) of subsection
(a), or
‘‘(ii) a type III supporting organization (as defined
in section 4943(f)(5)(A)) which is not a functionally
integrated type III supporting organization (as defined
in section 4943(f)(5)(B)), and
‘‘(B) the taxpayer obtains a contemporaneous written
acknowledgment (determined under rules similar to the
rules of section 170(f)(8)(C)) from the sponsoring organization (as so defined) of such donor advised fund that such
organization has exclusive legal control over the assets
contributed.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made after the date which is 180
days after the date of the enactment of this Act.

26 USC 2522.

26 USC 170 note.

SEC. 1235. RETURNS OF, AND APPLICATIONS FOR RECOGNITION BY,
SPONSORING ORGANIZATIONS.

(a) MATTERS INCLUDED ON RETURNS.—
(1) IN GENERAL.—Section 6033, as amended by this Act,
is amended by redesignating subsection (k) as subsection (l)
and by inserting after subsection (j) the following new subsection:
‘‘(k) ADDITIONAL PROVISIONS RELATING TO SPONSORING
ORGANIZATIONS.—Every organization described in section 4966(d)(1)
shall, on the return required under subsection (a) for the taxable
year—
‘‘(1) list the total number of donor advised funds (as defined
in section 4966(d)(2)) it owns at the end of such taxable year,
‘‘(2) indicate the aggregate value of assets held in such
funds at the end of such taxable year, and
‘‘(3) indicate the aggregate contributions to and grants
made from such funds during such taxable year.’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to returns filed for taxable years ending
after the date of the enactment of this Act.
(b) MATTERS INCLUDED ON EXEMPT STATUS APPLICATION.—
(1) IN GENERAL.—Section 508 is amended by adding at
the end the following new subsection:
‘‘(f) ADDITIONAL PROVISIONS RELATING TO SPONSORING
ORGANIZATIONS.—A sponsoring organization (as defined in section
4966(d)(1)) shall give notice to the Secretary (in such manner as
the Secretary may provide) whether such organization maintains
or intends to maintain donor advised funds (as defined in section

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00323

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 6033
note.

Notification.

APPS06

PsN: PUBL280

120 STAT. 1102

26 USC 508 note.

PUBLIC LAW 109–280—AUG. 17, 2006

4966(d)(2)) and the manner in which such organization plans to
operate such funds.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to organizations applying for tax-exempt
status after the date of the enactment of this Act.

PART 3—IMPROVED ACCOUNTABILITY OF
SUPPORTING ORGANIZATIONS
SEC. 1241. REQUIREMENTS FOR SUPPORTING ORGANIZATIONS.
26 USC 509.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

(a) TYPES OF SUPPORTING ORGANIZATIONS.—Subparagraph (B)
of section 509(a)(3) is amended to read as follows:
‘‘(B) is—
‘‘(i) operated, supervised, or controlled by one or
more organizations described in paragraph (1) or (2),
‘‘(ii) supervised or controlled in connection with
one or more such organizations, or
‘‘(iii) operated in connection with one or more such
organizations, and’’.
(b) REQUIREMENTS FOR SUPPORTING ORGANIZATIONS.—Section
509 (relating to private foundation defined) is amended by adding
at the end the following new subsection:
‘‘(f) REQUIREMENTS FOR SUPPORTING ORGANIZATIONS.—
‘‘(1) TYPE III SUPPORTING ORGANIZATIONS.—For purposes
of subsection (a)(3)(B)(iii), an organization shall not be considered to be operated in connection with any organization
described in paragraph (1) or (2) of subsection (a) unless such
organization meets the following requirements:
‘‘(A) RESPONSIVENESS.—For each taxable year beginning after the date of the enactment of this subsection,
the organization provides to each supported organization
such information as the Secretary may require to ensure
that such organization is responsive to the needs or
demands of the supported organization.
‘‘(B) FOREIGN SUPPORTED ORGANIZATIONS.—
‘‘(i) IN GENERAL.—The organization is not operated
in connection with any supported organization that
is not organized in the United States.
‘‘(ii) TRANSITION RULE FOR EXISTING ORGANIZATIONS.—If the organization is operated in connection
with an organization that is not organized in the
United States on the date of the enactment of this
subsection, clause (i) shall not apply until the first
day of the third taxable year of the organization beginning after the date of the enactment of this subsection.
‘‘(2) ORGANIZATIONS CONTROLLED BY DONORS.—
‘‘(A) IN GENERAL.—For purposes of subsection (a)(3)(B),
an organization shall not be considered to be—
‘‘(i) operated, supervised, or controlled by any
organization described in paragraph (1) or (2) of subsection (a), or
‘‘(ii) operated in connection with any organization
described in paragraph (1) or (2) of subsection (a),
if such organization accepts any gift or contribution from
any person described in subparagraph (B).
‘‘(B) PERSON DESCRIBED.—A person is described in this
subparagraph if, with respect to a supported organization

Jkt 049139

PO 00280

Frm 00324

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1103

of an organization described in subparagraph (A), such
person is—
‘‘(i) a person (other than an organization described
in paragraph (1), (2), or (4) of section 509(a)) who
directly or indirectly controls, either alone or together
with persons described in clauses (ii) and (iii), the
governing body of such supported organization,
‘‘(ii) a member of the family (determined under
section 4958(f)(4)) of an individual described in clause
(i), or
‘‘(iii) a 35-percent controlled entity (as defined in
section 4958(f)(3) by substituting ‘persons described
in clause (i) or (ii) of section 509(f)(2)(B)’ for ‘persons
described in subparagraph (A) or (B) of paragraph
(1)’ in subparagraph (A)(i) thereof).
‘‘(3) SUPPORTED ORGANIZATION.—For purposes of this subsection, the term ‘supported organization’ means, with respect
to an organization described in subsection (a)(3), an organization described in paragraph (1) or (2) of subsection (a)—
‘‘(A) for whose benefit the organization described in
subsection (a)(3) is organized and operated, or
‘‘(B) with respect to which the organization performs
the functions of, or carries out the purposes of.’’.
(c) CHARITABLE TRUSTS WHICH ARE TYPE III SUPPORTING
ORGANIZATIONS.—For purposes of section 509(a)(3)(B)(iii) of the
Internal Revenue Code of 1986, an organization which is a trust
shall not be considered to be operated in connection with any
organization described in paragraph (1) or (2) of section 509(a)
of such Code solely because—
(1) it is a charitable trust under State law,
(2) the supported organization (as defined in section
509(f)(3) of such Code) is a beneficiary of such trust, and
(3) the supported organization (as so defined) has the power
to enforce the trust and compel an accounting.
(d) PAYOUT REQUIREMENTS FOR TYPE III SUPPORTING ORGANIZATIONS.—
(1) IN GENERAL.—The Secretary of the Treasury shall
promulgate new regulations under section 509 of the Internal
Revenue Code of 1986 on payments required by type III supporting organizations which are not functionally integrated type
III supporting organizations. Such regulations shall require
such organizations to make distributions of a percentage of
either income or assets to supported organizations (as defined
in section 509(f)(3) of such Code) in order to ensure that a
significant amount is paid to such organizations.
(2) TYPE III SUPPORTING ORGANIZATION; FUNCTIONALLY
INTEGRATED TYPE III SUPPORTING ORGANIZATION.—For purposes
of paragraph (1), the terms ‘‘type III supporting organization’’
and ‘‘functionally integrated type III supporting organization’’
have the meanings given such terms under subparagraphs
(A) and (B) section 4943(f)(5) of the Internal Revenue Code
of 1986 (as added by this Act), respectively.
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by subsections
(a) and (b) shall take effect on the date of the enactment
of this Act.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00325

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 509 note.

26 USC 509 note.
Regulations.

26 USC 509 note.

APPS06

PsN: PUBL280

120 STAT. 1104

PUBLIC LAW 109–280—AUG. 17, 2006
(2) CHARITABLE TRUSTS WHICH ARE TYPE III SUPPORTING
ORGANIZATIONS.—Subsection (c) shall take effect—
(A) in the case of trusts operated in connection with
an organization described in paragraph (1) or (2) of section
509(a) of the Internal Revenue Code of 1986 on the date
of the enactment of this Act, on the date that is one
year after the date of the enactment of this Act, and
(B) in the case of any other trust, on the date of
the enactment of this Act.

SEC. 1242. EXCESS BENEFIT TRANSACTIONS INVOLVING SUPPORTING
ORGANIZATIONS.
26 USC 4958.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

(a) DISQUALIFIED PERSONS.—Paragraph (1) of section 4958(f),
as amended by this Act, is amended by redesignating subparagraphs
(D) and (E) as subparagraphs (E) and (F), respectively, and by
adding after subparagraph (C) the following new subparagraph:
‘‘(D) any person who is described in subparagraph (A),
(B), or (C) with respect to an organization described in
section 509(a)(3) and organized and operated exclusively
for the benefit of, to perform the functions of, or to carry
out the purposes of the applicable tax-exempt organization.’’.
(b) CERTAIN TRANSACTIONS TREATED AS EXCESS BENEFIT TRANSACTIONS.—Section 4958(c), as amended by this Act, is amended
by redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
‘‘(3) SPECIAL RULES FOR SUPPORTING ORGANIZATIONS.—
‘‘(A) IN GENERAL.—In the case of any organization
described in section 509(a)(3)—
‘‘(i) the term ‘excess benefit transaction’ includes—
‘‘(I) any grant, loan, compensation, or other
similar payment provided by such organization to
a person described in subparagraph (B), and
‘‘(II) any loan provided by such organization
to a disqualified person (other than an organization described in paragraph (1), (2), or (4) of section
509(a)), and
‘‘(ii) the term ‘excess benefit’ includes, with respect
to any transaction described in clause (i), the amount
of any such grant, loan, compensation, or other similar
payment.
‘‘(B) PERSON DESCRIBED.—A person is described in this
subparagraph if such person is—
‘‘(i) a substantial contributor to such organization,
‘‘(ii) a member of the family (determined under
section 4958(f)(4)) of an individual described in clause
(i), or
‘‘(iii) a 35-percent controlled entity (as defined in
section 4958(f)(3) by substituting ‘persons described
in clause (i) or (ii) of section 4958(c)(3)(B)’ for ‘persons
described in subparagraph (A) or (B) of paragraph
(1)’ in subparagraph (A)(i) thereof).
‘‘(C) SUBSTANTIAL CONTRIBUTOR.—For purposes of this
paragraph—
‘‘(i) IN GENERAL.—The term ‘substantial contributor’ means any person who contributed or bequeathed
an aggregate amount of more than $5,000 to the

Jkt 049139

PO 00280

Frm 00326

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1105

organization, if such amount is more than 2 percent
of the total contributions and bequests received by
the organization before the close of the taxable year
of the organization in which the contribution or bequest
is received by the organization from such person. In
the case of a trust, such term also means the creator
of the trust. Rules similar to the rules of subparagraphs
(B) and (C) of section 507(d)(2) shall apply for purposes
of this subparagraph.
‘‘(ii) EXCEPTION.—Such term shall not include any
organization described in paragraph (1), (2), or (4) of
section 509(a).’’.
(c) EFFECTIVE DATES.—
(1) SUBSECTION (a).—The amendments made by subsection
(a) shall apply to transactions occurring after the date of the
enactment of this Act.
(2) SUBSECTION (b).—The amendments made by subsection
(a) shall apply to transactions occurring after July 25, 2006.

26 USC 4958
note.

SEC. 1243. EXCESS BUSINESS HOLDINGS OF SUPPORTING ORGANIZATIONS.

(a) IN GENERAL.—Section 4943, as amended by this Act, is
amended by adding at the end the following new subsection:
‘‘(f) APPLICATION OF TAX TO SUPPORTING ORGANIZATIONS.—
‘‘(1) IN GENERAL.—For purposes of this section, an organization which is described in paragraph (3) shall be treated as
a private foundation.
‘‘(2) EXCEPTION.—The Secretary may exempt the excess
business holdings of any organization from the application of
this subsection if the Secretary determines that such holdings
are consistent with the purpose or function constituting the
basis for its exemption under section 501.
‘‘(3) ORGANIZATIONS DESCRIBED.—An organization is
described in this paragraph if such organization is—
‘‘(A) a type III supporting organization (other than
a functionally integrated type III supporting organization),
or
‘‘(B) an organization which meets the requirements
of subparagraphs (A) and (C) of section 509(a)(3) and which
is supervised or controlled in connection with one or more
organizations described in paragraph (1) or (2) of section
509(a), but only if such organization accepts any gift or
contribution from any person described in section
509(f)(2)(B).
‘‘(4) DISQUALIFIED PERSON.—
‘‘(A) IN GENERAL.—In applying this section to any
organization described in paragraph (3), the term ‘disqualified person’ means, with respect to the organization—
‘‘(i) any person who was, at any time during the
5-year period ending on the date described in subsection (a)(2)(A), in a position to exercise substantial
influence over the affairs of the organization,
‘‘(ii) any member of the family (determined under
section 4958(f)(4)) of an individual described in clause
(i),
‘‘(iii) any 35-percent controlled entity (as defined
in section 4958(f)(3) by substituting ‘persons described

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00327

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 4943.

APPS06

PsN: PUBL280

120 STAT. 1106

PUBLIC LAW 109–280—AUG. 17, 2006
in clause (i) or (ii) of section 4943(f)(4)(A)’ for ‘persons
described in subparagraph (A) or (B) of paragraph
(1)’ in subparagraph (A)(i) thereof),
‘‘(iv) any person described in section 4958(c)(3)(B),
and
‘‘(v) any organization—
‘‘(I) which is effectively controlled (directly or
indirectly) by the same person or persons who
control the organization in question, or
‘‘(II) substantially all of the contributions to
which were made (directly or indirectly) by the
same person or persons described in subparagraph
(B) or a member of the family (within the meaning
of section 4946(d)) of such a person.
‘‘(B) PERSONS DESCRIBED.—A person is described in
this subparagraph if such person is—
‘‘(i) a substantial contributor to the organization
(as defined in section 4958(c)(3)(C)),
‘‘(ii) an officer, director, or trustee of the organization (or an individual having powers or responsibilities
similar to those of the officers, directors, or trustees
of the organization), or
‘‘(iii) an owner of more than 20 percent of—
‘‘(I) the total combined voting power of a corporation,
‘‘(II) the profits interest of a partnership, or
‘‘(III) the beneficial interest of a trust or
unincorporated enterprise,
which is a substantial contributor (as so defined) to
the organization.
‘‘(5) TYPE III SUPPORTING ORGANIZATION; FUNCTIONALLY
INTEGRATED TYPE III SUPPORTING ORGANIZATION.—For purposes
of this subsection—
‘‘(A) TYPE III SUPPORTING ORGANIZATION.—The term
‘type III supporting organization’ means an organization
which meets the requirements of subparagraphs (A) and
(C) of section 509(a)(3) and which is operated in connection
with one or more organizations described in paragraph
(1) or (2) of section 509(a).
‘‘(B) FUNCTIONALLY INTEGRATED TYPE III SUPPORTING
ORGANIZATION.—The term ‘functionally integrated type III
supporting organization’ means a type III supporting
organization which is not required under regulations established by the Secretary to make payments to supported
organizations (as defined under section 509(f)(3)) due to
the activities of the organization related to performing
the functions of, or carrying out the purposes of, such
supported organizations.
‘‘(6) SPECIAL RULE FOR CERTAIN HOLDINGS OF TYPE III SUPPORTING ORGANIZATIONS.—For purposes of this subsection, the
term ‘excess business holdings’ shall not include any holdings
of a type III supporting organization in any business enterprise
if, as of November 18, 2005, the holdings were held (and at
all times thereafter, are held) for the benefit of the community
pursuant to the direction of a State attorney general or a
State official with jurisdiction over such organization.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00328

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1107

‘‘(7) PRESENT HOLDINGS.—For purposes of this subsection,
rules similar to the rules of paragraphs (4), (5), and (6) of
subsection (c) shall apply to organizations described in section
509(a)(3), except that—
‘‘(A) ‘the date of the enactment of this subsection’ shall
be substituted for ‘May 26, 1969’ each place it appears
in paragraphs (4), (5), and (6), and
‘‘(B) ‘January 1, 2007’ shall be substituted for ‘January
1, 1970’ in paragraph (4)(E).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.

Deadlines.

26 USC 4943
note.

SEC. 1244. TREATMENT OF AMOUNTS PAID TO SUPPORTING ORGANIZATIONS BY PRIVATE FOUNDATIONS.

(a) QUALIFYING DISTRIBUTIONS.—Paragraph (4) of section
4942(g) is amended to read as follows:
‘‘(4) LIMITATION ON DISTRIBUTIONS BY NONOPERATING PRIVATE FOUNDATIONS TO SUPPORTING ORGANIZATIONS.—
‘‘(A) IN GENERAL.—For purposes of this section, the
term ‘qualifying distribution’ shall not include any amount
paid by a private foundation which is not an operating
foundation to—
‘‘(i) any type III supporting organization (as
defined in section 4943(f)(5)(A)) which is not a functionally integrated type III supporting organization (as
defined in section 4943(f)(5)(B)), and
‘‘(ii) any organization which is described in
subparagraph (B) or (C) if—
‘‘(I) a disqualified person of the private foundation directly or indirectly controls such organization or a supported organization (as defined in
section 509(f)(3)) of such organization, or
‘‘(II) the Secretary determines by regulations
that a distribution to such organization otherwise
is inappropriate.
‘‘(B) TYPE I AND TYPE II SUPPORTING ORGANIZATIONS.—
An organization is described in this subparagraph if the
organization meets the requirements of subparagraphs (A)
and (C) of section 509(a)(3) and is—
‘‘(i) operated, supervised, or controlled by one or
more organizations described in paragraph (1) or (2)
of section 509(a), or
‘‘(ii) supervised or controlled in connection with
one or more such organizations.
‘‘(C) FUNCTIONALLY INTEGRATED TYPE III SUPPORTING
ORGANIZATIONS.—An organization is described in this
subparagraph if the organization is a functionally
integrated type III supporting organization (as defined
under section 4943(f)(5)(B)).’’.
(b) TAXABLE EXPENDITURES.—Subparagraph (A) of section
4945(d)(4) is amended to read as follows:
‘‘(A) such organization—
‘‘(i) is described in paragraph (1) or (2) of section
509(a),

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00329

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

26 USC 4942.

Regulations.

APPS06

PsN: PUBL280

120 STAT. 1108

26 USC 4942
note.

PUBLIC LAW 109–280—AUG. 17, 2006

‘‘(ii) is an organization described in section
509(a)(3) (other than an organization described in
clause (i) or (ii) of section 4942(g)(4)(A)), or
‘‘(iii) is an exempt operating foundation (as defined
in section 4940(d)(2)), or’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions and expenditures after the date of
the enactment of this Act.
SEC. 1245. RETURNS OF SUPPORTING ORGANIZATIONS.

26 USC 6033.

26 USC 6033
note.

(a) REQUIREMENT TO FILE RETURN.—Subparagraph (B) of section 6033(a)(3) is amended by inserting ‘‘(other than an organization
described in section 509(a)(3))’’ after ‘‘paragraph (1)’’.
(b) MATTERS INCLUDED ON RETURNS.—Section 6033, as
amended by this Act, is amended by redesignating subsection (l)
as subsection (m) and by inserting after subsection (k) the following
new subsection:
‘‘(l) ADDITIONAL PROVISIONS RELATING TO SUPPORTING
ORGANIZATIONS.—Every organization described in section 509(a)(3)
shall, on the return required under subsection (a)—
‘‘(1) list the supported organizations (as defined in section
509(f)(3)) with respect to which such organization provides support,
‘‘(2) indicate whether the organization meets the requirements of clause (i), (ii), or (iii) of section 509(a)(3)(B), and
‘‘(3) certify that the organization meets the requirements
of section 509(a)(3)(C).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to returns filed for taxable years ending after the
date of the enactment of this Act.

TITLE XIII—OTHER PROVISIONS
SEC. 1301. TECHNICAL CORRECTIONS RELATING TO MINE SAFETY.

Ante, p. 500.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Section 110 of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 820), as amended by the Mine Improvement and
New Emergency Response Act of 2006 (Public Law 109–236), is
amended—
(1) by striking subsection (d); and
(2) in subsection (a)—
(A) by striking ‘‘(1)(1) The operator’’ and inserting ‘‘(1)
The operator’’;
(B) in the paragraph (2) added by section 8(a)(1)(B)
of the Mine Improvement and New Emergency Response
Act of 2006 (Public Law 109–236)—
(i) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)(1)’’; and
(ii) by redesignating such paragraph as subsection
(d) and transferring such subsection so as to appear
after subsection (c); and
(3) in subsection (b)—
(A) by striking ‘‘Any operator’’ and inserting ‘‘(1) Any
operator’’; and
(B) in the second sentence, as added by section 8(a)(2)
of the Mine Improvement and New Emergency Response

Jkt 049139

PO 00280

Frm 00330

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1109

Act of 2006 (Public Law 109–236), by striking ‘‘Violations’’
and inserting the following:
‘‘(2) Violations’’.
SEC. 1302. GOING-TO-THE-SUN ROAD.

(a) IN GENERAL.—Section 1940 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1511) is amended—
(1) in subsection (a)—
(A) by striking paragraphs (1) and (2);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (1) through (3), respectively; and
(C) by striking ‘‘$10,000,000’’ each place that it appears
and inserting ‘‘$16,666,666’’; and
(2) by adding at the end the following:
‘‘(c) CONTRACT AUTHORITY.—Except as otherwise provided in
this section, funds authorized to be appropriated under this section
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United States
Code.’’.
(b) RESCISSION.—Section 10212 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1937) is amended by striking ‘‘$8,543,000,000’’ each place
it appears and inserting ‘‘$8,593,000,000’’.

23 USC 101 note.

SEC. 1303. EXCEPTION TO THE LOCAL FURNISHING REQUIREMENT
OF THE TAX-EXEMPT BOND RULES.

(a) SNETTISHAM HYDROELECTRIC FACILITY.—For purposes of
determining whether any private activity bond issued before May
31, 2006, and used to finance the acquisition of the Snettisham
hydroelectric facility is a qualified bond for purposes of section
142(a)(8) of the Internal Revenue Code of 1986, the electricity
furnished by such facility to the City of Hoonah, Alaska, shall
not be taken into account for purposes of section 142(f)(1) of such
Code.
(b) LAKE DOROTHY HYDROELECTRIC FACILITY.—For purposes
of determining whether any private activity bond issued before
May 31, 2006, and used to finance the Lake Dorothy hydroelectric
facility is a qualified bond for purposes of section 142(a)(8) of
the Internal Revenue Code of 1986, the electricity furnished by
such facility to the City of Hoonah, Alaska, shall not be taken
into account for purposes of paragraphs (1) and (3) of section 142(f)
of such Code.
(c) DEFINITIONS.—For purposes of this section—
(1) LAKE DOROTHY HYDROELECTRIC FACILITY.—The term
‘‘Lake Dorothy hydroelectric facility’’ means the hydroelectric
facility located approximately 10 miles south of Juneau, Alaska,
and commonly referred to as the ‘‘Lake Dorothy project’’.
(2) SNETTISHAM HYDROELECTRIC FACILITY.—The term
‘‘Snettisham hydroelectric facility’’ means the hydroelectric
project described in section 1804 of the Small Business Job
Protection Act of 1996.
SEC. 1304. QUALIFIED TUITION PROGRAMS.

26 USC 1 note.

(a) PERMANENT EXTENSION OF MODIFICATIONS.—Section 901
of the Economic Growth and Tax Relief Reconciliation Act of 2001
(relating to sunset provisions) shall not apply to section 402 of
such Act (relating to modifications to qualified tuition programs).

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00331

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1110

PUBLIC LAW 109–280—AUG. 17, 2006

(b) REGULATORY AUTHORITY TO PREVENT ABUSE.—Section 529
(relating to qualified tuition programs) is amended by adding at
the end the following new subsection:
‘‘(f) REGULATIONS.—Notwithstanding any other provision of this
section, the Secretary shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of this section
and to prevent abuse of such purposes, including regulations under
chapters 11, 12, and 13 of this title.’’.

26 USC 529.

Miscellaneous
Trade and
Technical
Corrections Act
of 2006.
19 USC 1654
note.

TITLE XIV—TARIFF PROVISIONS
SEC. 1401. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Miscellaneous
Trade and Technical Corrections Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents of this title
is as follows:
TITLE XIV—TARIFF PROVISIONS
Sec. 1401. Short title; table of contents.
Sec. 1402. Reference.
Subtitle A—Temporary Duty Suspensions and Reductions
Sec.
Sec.
Sec.
Sec.

1411.
1412.
1413.
1414.

Sec.
Sec.
Sec.
Sec.
Sec.

1415.
1416.
1417.
1418.
1419.

Sec. 1420.
Sec. 1421.
Sec. 1422.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1423.
1424.
1425.
1426.
1427.
1428.
1429.
1430.
1431.
1432.
1433.
1434.
1435.
1436.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1437.
1438.
1439.
1440.
1441.
1442.
1443.
1444.
1445.
1446.
1447.

Jkt 049139

CHAPTER 1—NEW DUTY SUSPENSIONS AND REDUCTIONS
Certain non-knit gloves designed for use by auto mechanics.
Certain microphones for use in automotive interiors.
Acrylic or modacrylic synthetic filament tow.
Acrylic or modacrylic synthetic staple fibers, carded, combed, or otherwise processed for spinning.
Nitrocellulose.
Potassium sorbate.
Sorbic acid.
Certain capers.
Certain pepperoncini prepared or preserved otherwise than by vinegar
or acetic acid.
Certain capers.
Certain pepperoncini prepared or preserved by vinegar or acetic acid in
concentrations at 0.5 percent or greater.
Certain pepperoncini prepared or preserved otherwise than by vinegar
or acetic acid in concentrations less than 0.5 percent.
Chloral.
Imidacloprid technical (imidacloprid).
Triadimefon.
Polyethylene HE1878.
Thiacloprid.
Pyrimethanil.
Foramsulfuron.
Fenamidone.
Cyclanilide technical.
Para-benzoquinone.
O-Anisidine.
2,4-Xylidine.
Crotonaldehyde.
Butanedioic acid, dimethyl ester, polymer with 4-hydroxy-2,2,6,6,tetramethyl-1-piperidineethanol.
Mixtures of CAS Nos. 106990-43-6 and 65447-77-0.
MCPA.
Bronate advanced.
Bromoxynil octanoate tech.
Bromoxynil meo.
Hydraulic control units.
Shield asy-steering gear.
2,4-Dichloroaniline.
2-Acetylbutyrolactone.
Alkylketone.
Cyfluthrin (baythroid).

PO 00280

Frm 00332

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1448.
1449.
1450.
1451.
1452.
1453.
1454.
1455.
1456.
1457.
1458.
1459.
1460.
1461.
1462.
1463.
1464.
1465.
1466.
1467.
1468.
1469.
1470.
1471.
1472.
1473.
1474.
1475.
1476.
1477.
1478.
1479.
1480.
1481.
1482.
1483.
1484.
1485.
1486.
1487.
1488.
1489.
1490.

Sec. 1491.
Sec. 1492.
Sec. 1493.
Sec. 1494.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

VerDate 14-DEC-2004

1495.
1496.
1497.
1498.
1499.
1500.
1501.
1502.
1503.
1504.
1505.
1506.
1507.
1508.
1509.
1510.
1511.
1512.

14:14 Sep 08, 2006

120 STAT. 1111

Beta-cyfluthrin.
Cyclopropane-1,1-dicarboxylic acid, dimethyl ester.
Spiroxamine.
Spiromesifen.
4-Chlorobenzaldehyde.
Oxadiazon.
NAHP.
Phosphorus thiochloride.
Trifloxystrobin.
Phosphoric acid, lanthanum salt, cerium terbium-doped.
Lutetium oxide.
ACM.
Permethrin.
Thidiazuron.
Flutolanil.
Resmethrin.
Clothianidin.
Certain master cylinder assembles.
Certain transaxles.
Converter asy.
Module and bracket asy-power steering.
Unit asy-battery hi volt.
Certain articles of natural cork.
Glyoxylic acid.
Cyclopentanone.
Mesotrione technical.
Malonic acid-dinitrile 50% NMP.
Formulations of NOA 446510.
DEMBB distilled-ISO tank.
Methylionone.
Certain acrylic fiber tow.
Certain acrylic fiber tow.
MKH 6561 isocyanate.
Endosulfan.
Tetraconazole.
M-alcohol.
Certain machines for use in the assembly of motorcycle wheels.
Deltamethrin.
Palm fatty acid distillate.
4-Methoxy-2-methyldiphenylamine.
2-Methylhydroquinone.
1-Fluoro-2-nitrobenzene.
Cosmetic bags with a flexible outer surface of reinforced or laminated
polyvinyl chloride (PVC).
Mixtures of methyl 4-iodo-2-[3-(4-methoxy-6-methyl-1,3,5-triazin-2yl)ureidosulfonyl]benzoate, sodium salt (iodosulfuron methyl, sodium
salt).
Ethyl 4,5-dihydro-5,5-diphenyl-1,2-oxazole-3-carboxylate (isoxadifenethyl).
(5-cyclopropyl-4-isoxazolyl)[2-(methylsulfonyl)–4(trifluoromethyl)phenyl]methanone (isoxaflutole).
Methyl
2-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)sulfamoyl]-α(methanesulfonamido)-p-toluate (mesosulfuron-methyl) whether or not
mixed with application adjuvants.
Mixtures of foramsulfuron and iodosulfuron-methyl-sodium.
Vulcuren UPKA 1988.
Vullcanox 41010 NA/LG.
Vulkazon AFS/LG.
P-Anisaldehyde.
1,2-Pentanediol.
Agrumex.
Cohedur RL.
Formulations of prosulfuron.
Lewatit.
Para-Chlorophenol.
Cypermethrin.
Ion-exchange resin powder.
Ion-exchange resin powder.
Desmodur E 14.
Desmodur VP LS 2253.
Desmodur R-E.
Walocel MW 3000 PFV.

Jkt 049139

PO 00280

Frm 00333

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1112
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 109–280—AUG. 17, 2006
1513.
1514.
1515.
1516.
1517.
1518.
1519.
1520.

Sec. 1521.
Sec. 1522.
Sec. 1523.
Sec. 1524.
Sec. 1525.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1526.
1527.
1528.
1529.
1530.
1531.
1532.
1533.
1534.
1535.
1536.
1537.
1538.
1539.
1540.
1541.
1542.
1543.
1544.
1545.
1546.
1547.
1548.
1549.
1550.
1551.
1552.
1553.
1554.
1555.
1556.
1557.
1558.
1559.
1560.
1561.
1562.
1563.
1564.
1565.
1566.
1567.
1568.
1569.
1570.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1571.
1572.
1573.
1574.
1575.
1576.
1577.
1578.
1579.
1580.

Jkt 049139

TSME.
Walocel VP-M 20660.
Xama 2.
Xama 7.
Certain cases for toys.
Certain cases for toys.
Aniline 2.5-disulfonic acid.
1,4-benzenedicarboxylic acid, polymer with n,n′-bis(2-aminoethyl)–1,2ethanediamine, cyclized, methosulfate.
Sulfur blue 7.
Formaldehyde, reaction products with 1,4-benzenediol and mphenylenediamine, sulfurized.
Isocyanatosulfonyl.
Isocyanatosulfonyl.
Gemifloxacin, gemifloxacin mesylate, and gemifloxacin mesylate
sesquihydrate.
Butralin.
Spirodiclofen.
Propamocarb HCL (PREVICUR).
Desmodur IL.
Chloroacetone.
IPN (isophthalonitrile).
NOA 446510 technical.
Hexythiazox technical.
Crelan (self-blocked cycloaliphatic polyuretdione).
Aspirin.
Desmodur BL XP 2468.
Desmodur RF-E.
Desmodur HL.
D-Mannose.
Certain camel hair.
Waste of camel hair.
Certain camel hair.
Woven fabric of vicuna hair.
Certain camel hair.
Noils of camel hair.
Chloroacetic acid, ethyl ester.
Chloroacetic acid, sodium salt.
Low expansion laboratory glass.
Stoppers, lids, and other closures.
Pigment yellow 213.
Indoxacarb.
Dimethyl carbonate.
5-Chloro-1-indanone (EK179).
Mixtures of famoxadone and cymoxanil.
Decanedioic acid, bis(2,2,6,6-tetramethyl-4-piperidinyl) ester.
Acid blue 80.
Pigment brown 25.
Formulations of azoxystrobin.
Formulations of pinoxaden/cloquintocet.
Mixtures of difenoconazole/mefenoxam.
Fludioxinil technical.
Mixtures of clodinafop-propargyl.
Avermectin b, 1,4″-deoxy-4″-methylamino-, (4″r)-, benzoate.
Cloquintocet-mexyl.
Metalaxyl-M technical.
Cyproconazole technical.
Pinoxaden technical.
Mixtures of tralkoxydim.
Certain chemicals.
Mixtures of ( ± )–(cis and trans)–1-[[2-(2,4-dichlorophenyl)–4-propyl-1,3dioxolan-2-yl]-methyl]-1h-1,2,4-triazole.
Paraquat dichloride.
Certain basketballs.
Certain leather basketballs.
Certain rubber basketballs.
Certain volleyballs.
4-Chloro-3-[[3-(4-methoxyphenyl)–1,3-dioxopropyl]-amino]-dodecyl ester.
Linuron.
N,N-Dimethylpiperidinium chloride (mepiquat chloride).
Diuron.
Formulated product Krovar I DF.

PO 00280

Frm 00334

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
Sec.
Sec.
Sec.
Sec.

1581.
1582.
1583.
1584.

Sec.
Sec.
Sec.
Sec.

1585.
1586.
1587.
1588.

Sec. 1589.
Sec. 1590.
Sec. 1591.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1592.
1593.
1594.
1595.
1596.
1597.
1598.
1600.
1601.
1602.
1604.
1605.
1606.

120 STAT. 1113

Triasulfuron technical.
Brodifacoum technical.
Pymetrozine technical.
Formulations of thiamethoxam, difenoconazole, fludioxinil, and
mefenoxam.
Trifloxysulfuron-sodium technical.
2 Benzylthio-3-ethyl sulfonyl pyridine.
2-Amino-4-methoxy-6-methyl-1,3,5-triazine.
Formulated products containing mixtures of the active ingredient 2chloro-n-[[(4-methoxy-6-methyl-1,3,5-triazin-2yl)
amino]carbonyl]
benzenesulfonamide and application adjuvants.
2-methyl-4-methoxy-6-methylamino-1,3,5-triazine.
Mixtures
of
sodium-2-chloro-6-[(4,6
dimethoxypyrimidin-2yl)thio]benzoate and application adjuvants (pyrithiobac-sodium).
Certain decorative plates, decorative sculptures, decorative plaques, and
architectural miniatures.
Certain music boxes.
2-Methyl-4-chlorophenoxyacetic acid.
Phenmedipham.
Desmedipham.
Certain footwear with open toes or heels.
Certain work footwear.
Certain refracting and reflecting telescopes.
Certain work footwear.
Certain footwear for men.
Certain rubber or plastic footwear.
Zinc dimethyldithiocarbamate.
Certain liquid crystal device (LCD) panel assemblies.
Certain watertube boilers and reactor vessel heads.
CHAPTER 2—EXISTING DUTY SUSPENSIONS

AND

REDUCTIONS

Sec. 1611. Extension of certain existing duty suspensions and reductions.
Subtitle B—Other Tariff Provisions
CHAPTER 1—LIQUIDATION OR RELIQUIDATION
Sec.
Sec.
Sec.
Sec.

1621.
1622.
1623.
1624.

OF

CERTAIN ENTRIES

Certain tramway cars and associated spare parts.
Reliquidation of certain entries of candles.
Certain entries of roller chain.
Certain entries of soundspa clock radios.
CHAPTER 2—MISCELLANEOUS PROVISIONS

Sec. 1631. Vessel repair duties.
Sec. 1632. Suspension of new shipper review provision.
Sec. 1633. Extension and modification of duty suspension on wool products; wool
research fund; wool duty refunds.
Sec. 1634. Authorities relating to DR–CAFTA Agreement.
Sec. 1635. Technical amendments to Customs modernization.
Subtitle C—Effective Date
Sec. 1641. Effective date.
SEC. 1402. REFERENCE.

Except as otherwise expressly provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a chapter, subchapter, note, additional U.S. note,
heading, subheading, or other provision, the reference shall be
considered to be made to a chapter, subchapter, note, additional
U.S. note, heading, subheading, or other provision of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007).

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00335

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1114

PUBLIC LAW 109–280—AUG. 17, 2006

Subtitle A—Temporary Duty Suspensions
and Reductions
CHAPTER 1—NEW DUTY SUSPENSIONS AND
REDUCTIONS
SEC. 1411. CERTAIN NON-KNIT GLOVES DESIGNED FOR USE BY AUTO
MECHANICS.

(a) IN GENERAL.—Subchapter II of chapter 99 is amended by
inserting in numerical sequence the following new headings:
‘‘

9902.14.01

Mechanics’ work gloves,
valued not over $3.50 per
pair (provided for in subheading 6216.00.58) .........

2.8%

No change

No change

On or before
12/31/2009

9902.14.02

Mechanics’ work gloves,
valued over $3.50 but not
over $3.70 per pair (provided for in subheading
6216.00.58) ........................

2.8%

No change

No change

On or before
12/31/2009

’’.

On or before
12/31/2009

’’.

On or before
12/31/2009

’’.

On or before
12/31/2009

’’.

9902.14.03

9902.14.04

9902.14.05

Mechanics’ work gloves,
valued over $3.70 but not
over $4.99 per pair (provided for in subheading
6216.00.58) ........................
Mechanics’ work gloves,
valued over $4.99 but not
over $7.72 per pair (provided for in subheading
6216.00.58) ........................
Mechanics’ work gloves,
valued over $7.72 per pair
(provided for in subheading 6216.00.58) .........

2.8%

2.8%

2.8%

No change

No change

No change

No change

No change

No change

(b) AMENDMENT TO U.S. NOTES.—Subchapter II of chapter 99
is amended by adding at the end of the U.S. Notes to such subchapter the following new U.S. Note:
‘‘18. For purposes of headings 9902.14.01, 9902.14.02,
9902.14.03, 9902.14.04, and 9902.14.05, the term ‘mechanics’ work
gloves’ means gloves, of man-made fibers, having synthetic leather
palms and fingers; fourchettes of synthetic leather or of fabric
of nylon or elastomeric yarn; backs comprising either one layer
of knitted fabric of elastomeric yarn or three layers, with the
outer layer of knitted fabric of elastomeric yarn, the center layer
of foam and the inner layer of tricot fabric; the foregoing, whether
or not including an thermoplastic rubber logo or pad on the back;
and elastic wrist straps with molded thermoplastic rubber hookand-loop enclosures.’’.
SEC. 1412. CERTAIN MICROPHONES FOR USE IN AUTOMOTIVE INTERIORS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00336

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.10.17

Unidirectional (cardioid)
electret condenser microphone modules for use in
motor vehicles provided
for in headings 8701
through 8705 (other than
such modules designed for
handheld, microphone
stand, or lapel use), the
foregoing each including
wire leads for external
connection, whether or not
including a multi-pin
board level type connector
but not including a battery compartment; having
a typical frequency response of 250 Hertz
through 7,000 Hertz with
no more than a 20 decibel
deviation in that frequency range and an electrostatic discharge immunity of 4,000 V (contact)
and 8,000 V (air); and capable of operation and
storage in the temperature range of -40°C
through 85°C and a humidity of not over 95 percent (provided for in subheading 8518.10.80) .........

Free

No change

No change

120 STAT. 1115

On or before
12/31/2009

’’.

SEC. 1413. ACRYLIC OR MODACRYLIC SYNTHETIC FILAMENT TOW.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.21

Synthetic filament tow:
acrylic or modacrylic (provided for in subheading
5501.30.00) ........................

6.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1414. ACRYLIC OR MODACRYLIC SYNTHETIC STAPLE FIBERS,
CARDED, COMBED, OR OTHERWISE PROCESSED FOR
SPINNING.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.22

Synthetic staple fibers,
carded, combed, or otherwise processed for spinning: acrylic or modacrylic
(provided for in subheading 5506.30.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1415. NITROCELLULOSE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.23

Cellulose nitrates (nitrocellulose, including collodions) (CAS 9004-70-0)
(provided for in subheading 3912.20.00) .........

4.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1416. POTASSIUM SORBATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00337

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1116
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.10.24

Potassium sorbate (CAS
No. 24634–61–5) (provided for in subheading
2916.19.10) ........................

1.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1417. SORBIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.25

Sorbic acid (CAS No. 110–
44–1) (provided for in subheading 2916.19.20) .........

1.9%

No change

No change

On or before
12/31/2009

’’.

SEC. 1418. CERTAIN CAPERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.26

Capers, prepared or preserved by vinegar other
than such goods in immediate containers each
holding 3.4 kg or less
(provided for in subheading 2001.90.20) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1419. CERTAIN PEPPERONCINI PREPARED OR PRESERVED
OTHERWISE THAN BY VINEGAR OR ACETIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.27

Pepperoncini, prepared or
preserved otherwise than
by vinegar, not frozen
(provided for in subheading 2005.90.55) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1420. CERTAIN CAPERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.28

Capers, prepared or preserved by vinegar in immediate containers each
holding more than 3.4 kg
(provided for in subheading 2001.90.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1421. CERTAIN PEPPERONCINI PREPARED OR PRESERVED BY
VINEGAR OR ACETIC ACID IN CONCENTRATIONS AT 0.5
PERCENT OR GREATER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

9902.10.29

PO 00280

Pepperoncini, prepared or
preserved by vinegar (provided for in subheading
2001.90.38) ........................

Frm 00338

Fmt 6580

2.2%

Sfmt 6581

No change

No change

E:\PUBLAW\PUBL280.109

On or before
12/31/2009

APPS06

’’.

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1117

SEC. 1422. CERTAIN PEPPERONCINI PREPARED OR PRESERVED
OTHERWISE THAN BY VINEGAR OR ACETIC ACID IN CONCENTRATIONS LESS THAN 0.5 PERCENT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.30

Giardiniera, prepared or
preserved otherwise than
by vinegar, not frozen
(provided for in subheading 2005.90.55) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1423. CHLORAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.31

Trichloroacetaldehyde
(CAS No. 75–87–6) (provided for in subheading
2913.00.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1424. IMIDACLOPRID TECHNICAL (IMIDACLOPRID).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.32

1-[(6-Chloro-3pyrdinyl)methyl]-N-nitro2-imidazolidinimine
(Imidacloprid) (CAS No.
138261–41–3) (provided
for in subheading
2933.39.27) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1425. TRIADIMEFON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.33

1-(4-Chlorophenoxy)–3,3dimethyl-1-(1H-1,2,4triazol-1-y1)–2-butanone
(CAS No. 43121–43–3)
(Triadimefon) (provided
for in subheading
2933.99.22) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1426. POLYETHYLENE HE1878.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.34

Polyethylene HE1878
(CAS No. 25087–34–7),
with l-butene as comonomer (provided for in subheading 3901.20.50) .........

3.6%

No change

No change

On or before
12/31/2009

’’.

SEC. 1427. THIACLOPRID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00339

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1118
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.10.35

(Z)-[3-[(6-chloro-3pyridinyl)methyl]-2thiazolidinylidene]cyanamide (thiacloprid)
(CAS No. 111988–49–9)
(provided for in subheading 2934.10.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1428. PYRIMETHANIL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.36

4,6-Dimethyl-N-phenyl-2pyrimidinamine
(pyrimethanil) (CAS No.
53112–28–0) (provided for
in subheading 2933.59.15)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1429. FORAMSULFURON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.37

Foramsulfuron (Benzamide, 2-(((((4,6dimethoxy-2pyrimidinyl)amino) carbonyl)amino)sulfonyl)–4(formylamino)- N,N-dimethyl-,) (CAS No.
173159–57–4), in bulk or
put up in forms or packaging for retail sale (provided for in subheading
2935.00.75 or 3808.30.15)

2.6%

No change

No change

On or before
12/31/2009

’’.

SEC. 1430. FENAMIDONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.38

(5S)–3,5-Dihydro-5- methyl-2-(methylthio)- 5phenyl-3-(phenylamino)4H-imidazol-4-one
(Fenamidone) (CAS No.
161326–34–7) (provided
for in subheading
2933.29.35) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1431. CYCLANILIDE TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.39

1-(2,4Dichlorophenylaminocarbonyl)cyclopropane-carboxylic acid (Cyclanilide)
(CAS No. 113136–77–9)
(provided for in subheading 2924.29.47) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1432. PARA-BENZOQUINONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00340

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.10.40

1,4-Benzoquinone (CAS
No. 106–51–4) (provided
for in subheading
2914.69.90) ........................

Free

No change

No change

120 STAT. 1119

On or before
12/31/2009

’’.

SEC. 1433. O-ANISIDINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.41

o-Anisidine (CAS No. 90–
04–4) (provided for in subheading 2922.22.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1434. 2,4-XYLIDINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.43

2,4-Xylidine (CAS No. 95–
68–1) (provided for in subheading 2921.49.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1435. CROTONALDEHYDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.44

Crotonaldehyde (2butenaldehyde) (CAS No.
4170–30–3) (provided for
in subheading 2912.19.50)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1436. BUTANEDIOIC ACID, DIMETHYL ESTER, POLYMER WITH 4HYDROXY-2,2,6,6,-TETRAMETHYL-1-PIPERIDINEETHANOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.47

Butanedioic acid, dimethyl ester, polymer
with 4-hydroxy-2,2,6,6,tetramethyl-1piperidineethanol (CAS
No. 65447–77–0) (provided for in subheading
3907.99.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1437. MIXTURES OF CAS NOS. 106990-43-6 AND 65447-77-0.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00341

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1120
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.10.48

1,3,5-Triazine-2,4,6-triamine, N,N′′′-[1,2ethanediylbis[[[4,6bis[butyl (1,2,2,6,6pentamethyl-4piperidinyl)amino]-1,3,5triazine-2-yl]imino]-3,1propanediyl]]bis[N′,N′′dibutyl-N′,N′′bis(1,2,2,6,6-pentamethyl4-piperidinyl)- (CAS No.
106990–43–6) and
Butanedioic acid,
dimethylester polymer
with 4-hyroxy-2,2,6,6tetramethyl-1-piperdine
ethanol (CAS No. 65447–
77–0) (Provided for in
subheading 3812.30.90) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1438. MCPA.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.54

2-Ethylhexyl (4-chloro-2methylphenoxy)acetate
(CAS No. 29450–45–1)
(provided for in subheading 2918.90.20) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1439. BRONATE ADVANCED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.55

Formulations of 2,6dibromo-4-cyanophenyl octanoate (CAS No. 1689–
99–2), 2, 6-dibromo-4cyanophenyl heptanoate
(CAS No. 56634–95–8),
and 2-ethylhexyl (4chloro-2methylphenoxy)acetate
(CAS No. 29450–45–1)
(provided for in subheading 3808.30.15) .........

2.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1440. BROMOXYNIL OCTANOATE TECH.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.56

2,6-dibromo-4cyanophenyl octanoate
(CAS No. 1689–99–2)
(provided for in subheading 2926.90.25) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1441. BROMOXYNIL MEO.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00342

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.10.57

2,6-Dibromo-4cyanophenyl octanoate/
heptanoate (CAS Nos.
1689–99–2 and 56634–95–
8) (provided for in subheading 3808.30.15) .........

Free

No change

No change

120 STAT. 1121

On or before
12/31/2009

’’.

SEC. 1442. HYDRAULIC CONTROL UNITS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.62

Hydraulic control units
designed for use in braking systems of hybrid
motor vehicles of heading
8703 (provided for in subheading 9032.89.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1443. SHIELD ASY-STEERING GEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.63

Steering gear assemblies
for single-pinion constantratio electronic power assisted steering systems
rated at 80 amperes at
12V, the foregoing designed for use in hybrid
motor vehicles of heading
8703 (provided for in subheading 8708.99.73) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1444. 2,4-DICHLOROANILINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.64

2,4-Dichloroaniline (CAS
No. 554–00–7) (provided
for in subheading
2921.42.18) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1445. 2-ACETYLBUTYROLACTONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.65

2-Acetylbutyrolactone
(CAS No. 517–23–7) (provided for in subheading
2932.29.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1446. ALKYLKETONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.10.66

14:14 Sep 08, 2006

1-(4-Chlorophenyl)–4, 4dimethyl-3-pentanone
(CAS No. 66346–01–8)
(provided for in subheading 2914.70.40) .........

Jkt 049139

PO 00280

Free

Frm 00343

No change

Fmt 6580

No change

Sfmt 6581

On or before
12/31/2009

E:\PUBLAW\PUBL280.109

’’.

APPS06

PsN: PUBL280

120 STAT. 1122

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1447. CYFLUTHRIN (BAYTHROID).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.67

Cyano(4-fluoro-3phenoxyphenyl)methyl 3(2,2-dichloroethenyl)–2,2dimethylcyclopropanecarboxylate (Cyfluthrin, excluding β-Cyfluthrin)
(CAS No. 68359–37–5)
(provided for in subheading 2926.90.30) .........

3.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1448. BETA-CYFLUTHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.68

Reaction mixture comprising the enantiomeric
pair (R)-α-cyano-4-fluoro3-phenoxybenzyl (1S,3S)–
3-(2,2-dichlorovinyl)–2,2dimethylcyclopropanecarboxylate and (S)-α-cyano-4fluoro-3-phenoxybenzyl
(1R,3R)–3-(2,2dichlorovinyl)–2,2dimethylcyclopropanecarboxylate in ratio 1:2 with
the enantiomeric pair (R)α-cyano-4-fluoro-3phenoxybenzyl (1S,3R)–3(2,2-dichlorovinyl)–2,2dimethylcyclopropanecarboxylate and (S)-α-cyano-4fluoro-3-phenoxybenzyl
(1R,3S)–3-(2,2dichlorovinyl)–2,2dimethylcyclopropanecarboxylate (β-Cyfluthrin)
(CAS No. 68359–37–5)
(provided for in subheading 2926.90.30) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1449. CYCLOPROPANE-1,1-DICARBOXYLIC ACID, DIMETHYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.69

Cyclopropane-1,1dicarboxylic acid, dimethyl ester (CAS No.
6914–71–2) (provided for
in subheading 2917.20.00)

1.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1450. SPIROXAMINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

9902.10.70

PO 00280

8-(1,1-Dimethylethyl)-Nethyl-N-propyl-1,4dioxaspiro[4,5]decane-2methanamine (CAS
118134–30–8) (provided
for in subheading
2932.99.90) ........................

Frm 00344

Fmt 6580

Free

Sfmt 6581

No change

No change

E:\PUBLAW\PUBL280.109

On or before
12/31/2009

APPS06

’’.

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1123

SEC. 1451. SPIROMESIFEN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.71

3,3-Dimethylbutanoic
acid, 2-oxo-3-(2,4,6trimethylphenyl)–1oxaspiro[4.4]non-3-en-yl
ester (CAS 283594–90–1)
(provided for in subheading 2932.29.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1452. 4-CHLOROBENZALDEHYDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.72

4-Chlorobenzaldehyde
(CAS No. 104–88–1) (provided for in subheading
2913.00.40) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1453. OXADIAZON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.73

5-tert-butyl-3-(2,4dichloro-5isopropoxyphenyl)–1,3,4oxadiazol-2(3H)-one
(Oxadiazon) (CAS No.
19666–30–9) (provided for
in subheading 2934.99.11)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1454. NAHP.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.74

2-(1,1-Dimethylethyl)–5hydroxypyrimidine, sodium salt (CAS No.
146237–62–9) (provided
for in subheading
2933.59.70) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1455. PHOSPHORUS THIOCHLORIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.75

Phosphorus Thiochloride
(CAS No. 3982–91–0)
(provided for in subheading 2851.00.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1456. TRIFLOXYSTROBIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00345

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1124
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.10.76.

Methyl (E)-methoxyimino{(E)-α-[1-(α,α,α-trifluoromtolyl)ethylideneaminooxy]o-tolyl}acetate
(Trifloxystrobin) (CAS No.
141517–21–7) (provided
for in subheading
2929.90.20) ........................

2.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1457. PHOSPHORIC ACID, LANTHANUM SALT, CERIUM TERBIUMDOPED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.77

Phosphoric acid, lanthanum salt, cerium terbium-doped (CAS No.
95823–34–0) (provided for
in subheading 2846.90.80)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1458. LUTETIUM OXIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.78

Lutetium oxide (CAS No.
12032–20–1) (provided for
in subheading 2846.90.80)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1459. ACM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.79

(3-Acetoxy-3-cyanopropyl)
methylphosphinic acid,
butyl ester (CAS No.
167004–78–6) (provided
for in subheading
2931.00.90) ........................

0.7%

No change

No change

On or before
12/31/2009

’’.

SEC. 1460. PERMETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.80

(3-Phenoxyphenyl)methyl
3-(2,2-dichloroethenyl)–
2,2dimethylcyclopropanecarboxylate (Permethrin) (CAS
No. 52645–53–1) (provided for in subheading
2916.20.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1461. THIDIAZURON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00346

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.10.81

N-Phenyl-N -(1,2,3thiadiazol-5-yl)urea
(Thidiazuron) CAS No.
51707–55–2), whether or
not mixed with application adjuvants (provided
for in subheading
2934.99.15 or 3808.30.15)

Free

No change

No change

120 STAT. 1125

On or before
12/31/2009

’’.

SEC. 1462. FLUTOLANIL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.82

N-[3-(1Methylethoxy)phenyl]-2(trifluoromethyl)benzamide (Flutolanil)
(CAS No. 66332–96–5)
(provided for in subheading 2924.29.47) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1463. RESMETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.83

[5-(Phenylmethyl)–3furanyl]methyl 2,2-dimethyl-3-(2-methyl-1-propenyl)
cyclopropanecarboxylate
(Resmethrin) (CAS No.
10453–86–8) (provided for
in subheading 2932.19.10)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1464. CLOTHIANIDIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.84

(E)–1-(2-Chloro-1,3thiazol-5-ylmethyl)–3methyl-2-nitroguanidine
(Clothianidin) (CAS No.
210880–92–5) (provided
for in subheading
2934.10.90) ........................

5.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1465. CERTAIN MASTER CYLINDER ASSEMBLES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.92

Master cylinder assemblies for braking systems,
not incorporating a vacuum booster, the foregoing
designed for use in hybrid
motor vehicles of heading
8703 (provided for in subheading 8708.39.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1466. CERTAIN TRANSAXLES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00347

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1126
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.10.93

Transaxles, each incorporating an integral electronic controller, the foregoing designed for use in
hybrid motor vehicles of
heading 8703 (provided
for in subheading
8708.40.20) ........................

1.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1467. CONVERTER ASY.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.94

Static converters capable
of converting 300 V direct
current to 12 V direct current, designed for use in
hybrid motor vehicles of
heading 8703 (provided
for in subheading
8504.40.95) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1468. MODULE AND BRACKET ASY-POWER STEERING.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.95

Controllers for electronic
power assisted steering
systems, rated at 80 amperes at 12 V, designed
for use in hybrid motor
vehicles of heading 8703
(provided for in subheading 8537.10.90) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1469. UNIT ASY-BATTERY HI VOLT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.96

Nickel metal-hydride storage batteries, exceeding
300 V, the foregoing designed for use in hybrid
motor vehicles of heading
8703 (provided for in subheading 8507.80.80) .........

2.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1470. CERTAIN ARTICLES OF NATURAL CORK.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.10.99

Articles of natural cork,
not elsewhere specified or
included (provided for in
subheading 4503.90.60) ....

6%

No change

No change

On or before
12/31/2009

’’.

SEC. 1471. GLYOXYLIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00348

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.11.01

Glyoxylic acid (CAS No.
298–12–4) (provided for in
subheading 2918.30.90) ....

1.6%

No change

No change

120 STAT. 1127

On or before
12/31/2009

’’.

SEC. 1472. CYCLOPENTANONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.02

Cyclopentanone (CAS No.
120–92–3) (provided for in
subheading 2914.29.50) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1473. MESOTRIONE TECHNICAL.

(a) CALENDAR YEAR 2006.—Subchapter II of chapter 99 is
amended by inserting in numerical sequence the following new
heading:
‘‘

9902.11.03

2-[4-(Methylsulfonyl)–2nitrobenzoyl]-1,3cyclohexanedione
(Mesotrione) (CAS No.
104206–82–8) (provided
for in subheading
2930.90.10) ........................

6.04%

No change

No change

On or before
12/31/2006

’’.

(b) CALENDAR YEAR 2007.—
(1) IN GENERAL.—Heading 9902.11.03, as added by subsection (a), is amended—
(A) by striking ‘‘6.04%’’ and inserting ‘‘6.08%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2007’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2007.
(c) CALENDAR YEARS 2008 AND 2009.—
(1) IN GENERAL.—Heading 9902.11.03, as added by subsection (a) and amended by subsection (b), is further amended—
(A) by striking ‘‘6.08%’’ and inserting ‘‘6.11%’’; and
(B) by striking ‘‘12/31/2007’’ and inserting ‘‘12/31/2009’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2008.
SEC. 1474. MALONIC ACID-DINITRILE 50% NMP.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.04

50% solution of
malononitrile in methyl-2pyrrolidone solvent (CAS
Nos. 109–77–3 and 872–
50–4) (provided for in subheading 3824.90.9190) .....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1475. FORMULATIONS OF NOA 446510.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00349

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1128
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.11.05

Formulations of NOA
446510 which include
NOA 446510 Technical, 2(4-chloro-phenyl)-N-[2-(3methoxy-4-prop-2-ynyloxyphenyl)ethyl]-2-prop-2ynyloxyacetamide (CAS
No. 374726–62–2) (provided for in subheading
3808.20.15) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1476. DEMBB DISTILLED-ISO TANK.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.06

2-Bromo-1,3-diethyl-5methylbenzene (CAS No.
314084–61–2) (DEMBB)
(provided for in subheading 2903.69.80) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1477. METHYLIONONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.10

3-Methyl-4-(2,6,6trimethylcyclohex-2enyl)but-3-en-2-one
(Methylionone) (CAS No.
1335–46–2) (provided for
in subheading 2914.23.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1478. CERTAIN ACRYLIC FIBER TOW.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.11

Acrylic fiber tow
(polyacrylonitrile tow)
containing by weight a
minimum of 92 percent
acrylonitrile, not more
than 0.1 percent zinc and
from 4 to 8 percent water,
imported in the form of
from 1 to 12 sub-bundles
crimped together, each
containing 24,000 filaments (plus or minus 0.06
percent) and with average
filament denier of 1.5
decitex (plus or minus
0.08 percent) (provided for
in subheading 5501.30.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1479. CERTAIN ACRYLIC FIBER TOW.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00350

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.11.12

Acrylic fiber tow
(polyacrylonitrile tow)
containing by weight a
minimum of 92 percent
acrylonitrile, not more
than 0.1 percent zinc and
from 2 to 8 percent water,
imported in the form of 6
sub-bundles crimped together, each containing
45,000 filaments (plus or
minus 0.06 percent) and
with average filament denier of either 1.48 decitex
(plus or minus 0.08 percent) or 1.32 decitex (plus
or minus 0.09 percent)
(provided for in subheading 5501.30.00) .........

Free

No change

No change

120 STAT. 1129

On or before
12/31/2009

’’.

SEC. 1480. MKH 6561 ISOCYANATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.13

2-(Carbomethoxy)
benzenesulfonyl
isocyanate (CAS No.
74222–95–0) (provided for
in subheading 2930.90.29)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1481. ENDOSULFAN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.14

6,7,8,9,10,10Hexachlorohexahydromethano-2,4,3benzodioxathiepin-3-oxide
(Endosulfan) (CAS No.
115–29–7) (provided for in
subheading 2920.90.50 or
3808.10.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1482. TETRACONAZOLE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.15

1-[2-(2,4-dichlorophenyl)–
3-(1,1,2,2tetrafluoroethoxy)propyl]1H-1,2,4-triazole
(Tetraconazole) (CAS No.
112281–77–3) (provided
for in subheading
2933.99.22) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1483. M-ALCOHOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.11.16

14:14 Sep 08, 2006

2-(2,4-Dichlorophenyl)–3(1H-1,2,4-triazol-1yl)propanol (CAS No.
112281–82–0) (provided
for in subheading
2933.99.82) ........................

Jkt 049139

PO 00280

1%

Frm 00351

No change

Fmt 6580

No change

Sfmt 6581

On or before
12/31/2009

E:\PUBLAW\PUBL280.109

’’.

APPS06

PsN: PUBL280

120 STAT. 1130

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1484. CERTAIN MACHINES FOR USE IN THE ASSEMBLY OF MOTORCYCLE WHEELS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.17

Wheel spoke tightening
machines (provided for in
subheading 8479.89.98),
for use with wheels of vehicles of heading 8711 ......

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1485. DELTAMETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.26

(S)-α-Cyano-3phenoxybenzyl (1R,3R)–3(2,2-dibromovinyl)–2,2dimethylcyclopropanecarboxylate (Deltamethrin)
(CAS No. 52918–63–5)
(provided for in subheading 2926.90.30) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1486. PALM FATTY ACID DISTILLATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.32

Monocarboxylic fatty acids
derived from palm oil
(provided for in subheading 3823.19.20) .........

1%

No change

No change

On or before
12/31/2009

’’.

SEC. 1487. 4-METHOXY-2-METHYLDIPHENYLAMINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.35

4-Methoxy-2methyldiphenylamine
(CAS No. 41317–15–1)
(provided for in subheading 2922.29.60) .........

1.1%

No change

No change

On or before
12/31/2009

’’.

SEC. 1488. 2-METHYLHYDROQUINONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.36

2-Methylhydroquinone
(CAS No. 95–71–6) (provided for in subheading
2907.29.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1489. 1-FLUORO-2-NITROBENZENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00352

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.11.37

1-Fluoro-2-nitrobenzene
(CAS No. 1493–27–2)
(provided for in subheading 2904.90.30) .........

Free

No change

No change

120 STAT. 1131

On or before
12/31/2009

’’.

SEC. 1490. COSMETIC BAGS WITH A FLEXIBLE OUTER SURFACE OF
REINFORCED OR LAMINATED POLYVINYL CHLORIDE
(PVC).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.43

Vanity cases that are of a
soft sided construction, of
reinforced or laminated
polyvinyl chloride plastics,
and are of a kind normally carried in the pocket or in the handbag and
used to contain and apply
cosmetic preparations
(provided for in subheading 4202.12.20) .........

13.3%

No change

No change

On or before
12/31/2009

’’.

SEC. 1491. MIXTURES OF METHYL 4-IODO-2-[3-(4-METHOXY-6-METHYL1,3,5-TRIAZIN-2-YL)UREIDOSULFONYL]BENZOATE,
SODIUM SALT (IODOSULFURON METHYL, SODIUM SALT).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.44

SEC.

Mixtures of methyl 4-iodo2-[3-(4-methoxy-6-methyl1,3,5- triazin-2-yl)
ureidosulfonyl] benzoate,
sodium salt (Iodosulfuron
methyl, sodium salt) (CAS
No. 144550–36–7) and application adjuvants (provided for in subheading
3808.30.15) ........................

Free

No change

No change

On or before
12/31/2009

’’.

1492.
ETHYL
4,5-DIHYDRO-5,5-DIPHENYL-1,2-OXAZOLE-3CARBOXYLATE (ISOXADIFEN-ETHYL).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.45

Ethyl 4,5-dihydro-5,5-diphenyl-1,2-oxazole-3carboxylate (Isoxadifenethyl) (CAS No. 163520–
33–0) (provided for in subheading 2934.99.39) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1493. (5-CYCLOPROPYL-4-ISOXAZOLYL)[2-(METHYLSULFONYL)–4(TRIFLUOROMETHYL)PHENYL]METHANONE
(ISOXAFLUTOLE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00353

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1132
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.11.46

SEC.

(5-cyclopropyl-4isoxazolyl)[2(methylsulfonyl)–4(trifluoromethyl)
phenyl]methanone
(Isoxaflutole) (CAS No.
141112–29–0) (provided
for in subheading
2934.99.15) ........................

4.8%

No change

No change

On or before
12/31/2009

’’.

1494.
METHYL
2-[(4,6-DIMETHOXYPYRIMIDIN-2YLCARBAMOYL)SULFAMOYL]-α(METHANESULFONAMIDO)-P-TOLUATE (MESOSULFURONMETHYL) WHETHER OR NOT MIXED WITH APPLICATION
ADJUVANTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.48

Methyl 2-[(4,6dimethoxypyrimidin-2ylcarbamoyl)sulfamoyl]-α(methanesulfonamido)-ptoluate (Mesosulfuronmethyl) (CAS No. 208465–
21–8) whether or not
mixed with application
adjuvants (provided for in
subheading 2935.00.75 or
3808.30.15) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1495. MIXTURES OF FORAMSULFURON AND IODOSULFURONMETHYL-SODIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.49

Mixtures of N,N-dimethyl2[3-(4,6dimethoxypyrimidin-2-yl)
ureidosulfonyl]-4formylaminobenzamide
(Foramsulfuron) (CAS No.
173159–57–4), methyl 4iodo-2-[3-(4-methoxy-6-methyl-1,3,5-triazin-2-yl)
ureidosulfonyl]benzoate, sodium salt (Iodosulfuronmethyl-sodium) (CAS No.
144550–36–7) and application adjuvants (provided for
in subheading 3808.30.15) ...

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1496. VULCUREN UPKA 1988.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.54

1,6-Bis(N,N’dibenzylthiocarbamoyldithio)hexane (CAS No.
151900–44–6) (provided
for in subheading
2930.20.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1497. VULLCANOX 41010 NA/LG.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00354

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.11.55

N-Isopropyl-N’-phenyl-pphenylenediamine (CAS
No. 101–72–4) (provided
for in subheading
2921.51.50) ........................

Free

No change

No change

120 STAT. 1133

On or before
12/31/2009

’’.

SEC. 1498. VULKAZON AFS/LG.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.56

Pentaerythritolbis(tetrahydrobenzaldehyde
acetal) (CAS No. 6600–
31–3) (provided for in subheading 2932.99.90) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1499. P-ANISALDEHYDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.57

P-Anisaldehyde (CAS No.
123–11–5) (Benzoldehyde,
4-methoxy-) (provided for
in subheading 2912.49.10)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1500. 1,2-PENTANEDIOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.60

1,2-Pentanediol (CAS No.
5343–92–0) (provided for
in subheading 2905.39.90)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1501. AGRUMEX.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following:
‘‘

9902.11.62

o-tert-Butylcyclohexyl acetate, cis form (CAS No.
20298–69–9) (Agrumex)
(Cyclohexanol, 2-(1,1-dimethyl-) (provided for in
subheading 2915.39.45) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1502. COHEDUR RL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.63

Mixtures of resorcinol
(CAS No. 108–46–3),
hexamethylolmelamine
ether (CAS No. 3089–11–
0) and dibutyl phthalate
(CAS No. 84–74–2) (provided for in subheading
3824.90.28) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1503. FORMULATIONS OF PROSULFURON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00355

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1134
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.11.64

Mixtures of Prosulfuron
(1-(4-methoxy-6-methyl1,3,5-triazin-2-yl)–3-[2(3,3,3-trifluoropropyl)phenylsulfonyl]urea )
(CAS No. 94125–34–5)
and application adjuvants
(provided for in subheading 3808.30.15) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1504. LEWATIT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.71

Ion-exchange resins (cationic H form), consisting
of copolymers of acrylic
acid and diethylene glycol
divinyl ether (CAS No.
359785–58–3) (provided
for in subheading
3914.00.60) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1505. PARA-CHLOROPHENOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.72

para-Chlorophenol (CAS
No. 106–48–9) (provided
for in subheading
2908.10.60) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1506. CYPERMETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.74

Cyano(3phenoxyphenyl)methyl 3(2,2-dichloroethenyl)–2,2dimethylcyclopropanecarboxylate (Cypermethrin)
(CAS No. 52315–07–8)
(provided for in subheading 2926.90.30) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1507. ION-EXCHANGE RESIN POWDER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.78

Ion-exchange resin powder comprised of a copolymer of methacrylic acid
cross-linked with
divinylbenzene, in the hydrogen ionic form, of a
nominal partical size between 0.025mm and 0.150
mm, dried to less than 5%
moisture (CAS No. 50602–
21–6)(provided for in subheading 3914.00.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1508. ION-EXCHANGE RESIN POWDER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00356

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.11.79

Ion-exchange resin powder comprised of a copolymer of methacrylic acid
cross-linked with
divinylbenzene, in the potassium ionic form, of a
nominal particle size between 0.025mm and 0.150
mm, dried to less than
10% moisture (CAS No.
65405–55–2) (provided for
in subheading 3914.00.60)

Free

No change

No change

120 STAT. 1135

On or before
12/31/2009

’’.

SEC. 1509. DESMODUR E 14.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.80

1,2,3-Propanetriol, polymer with 2,4-diisocyanato1-methylbenzene, 2-ethyl2-(hydroxymethyl)–1,3propanediol,
methyloxirane and
oxirane (CAS No. 127821–
00–5) (provided for in subheading 3909.50.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1510. DESMODUR VP LS 2253.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.82

Hexane, 1,6-diisocyanato-,
homopolymer, 3,5-dimethyl-1H-pyrazoleblocked (CAS No. 163206–
31–3) (provided for in subheading 3911.90.90) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1511. DESMODUR R-E.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.83

4,4′, 4′′-TT Desmodur R-E
in solvent (CAS No. 2422–
91–5) in solvent (provided
for in subheading
3824.90.28) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1512. WALOCEL MW 3000 PFV.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.84

Methyl hydroxyethyl cellulose products containing
30% or greater content of
2-hydroxyethyl methyl
ether cellulose (‘‘MHEC’’ )
reaction products with
glyoxal (CAS No. 68441–
63–4) (provided for in subheading 3912.39.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1513. TSME.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00357

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1136
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.11.85

ortho/para-Toluenesulfonic
acid, methyl ester (TSME)
(CAS Nos. 23373–38–8
and 80–48–8) (provided
for in subheading
2904.10.32) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1514. WALOCEL VP-M 20660.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.86

Methyl Hydroxyethyl Cellulose with a 77% or
greater content of 2-hydroxyethyl methyl ether
cellulose (CAS No. 9032–
42–2) (provided for in subheading 3912.39.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1515. XAMA 2.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.87

Trimethylopropane tris(3aziridinylpropanoate)
(CAS No. 52234–82–9)
(provided for in subheading 2933.99.97) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1516. XAMA 7.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.88

Polyfunctional aziridine
(CAS No. 57116–45–7)
(provided for in subheading 2933.99.97) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1517. CERTAIN CASES FOR TOYS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.90

Cases or containers (provided for in subheading
4202.92.90 and not including goods described in
heading 9902.01.81), specially shaped or fitted for,
and with labeling, logo or
other descriptive information on the exterior of the
case or container indicating its intention to be
used for, electronic drawing toys or electronic
games of heading 9503 or
9504 ...................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1518. CERTAIN CASES FOR TOYS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00358

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.11.91

Cases or containers (provided for in subheadings
4402.12.80 or 4202.92.90),
having one or more molded plastic holders, clips or
fasteners, for holding a
doll or dolls, whether or
not the case or container
is also capable of holding
other goods ........................

Free

No change

No change

120 STAT. 1137

On or before
12/31/2009

’’.

SEC. 1519. ANILINE 2.5-DISULFONIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.92

Aniline 2,5- disulfonic acid
(CAS No. 98–44–2) (1,4Benzenedisnlfonic acid, 2amino-) (provided for in
subheading 2921.42.90) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1520. 1,4-BENZENEDICARBOXYLIC ACID, POLYMER WITH N,N′BIS(2-AMINOETHYL)–1,2-ETHANEDIAMINE,
CYCLIZED,
METHOSULFATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.93

1,4-Benzenedicarboxylic
acid, polymer With N,N′Bis(2-aminoethyl)–1,2ethanediamine, cyclized,
methosulfate (CAS No.
68187–22–4) (provided for
in subheading 3908.90.70)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1521. SULFUR BLUE 7.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.94

4-[(4-Amino-3methylphenyl)amino]phenol, reaction
products with sodium sulfide (Sulfur Blue 7) (CAS
No. 1327–57–7) (provided
for in subheading
3204.19.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1522. FORMALDEHYDE, REACTION PRODUCTS WITH 1,4-BENZENEDIOL AND M-PHENYLENEDIAMINE, SULFURIZED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.11.95

14:14 Sep 08, 2006

Formaldehyde, reaction
products with 1,4-benzenediol and mphenylenediamine,
sulfurized (CAS No.
110392–46–6) (provided
for in subheading
3204.19.50) ........................

Jkt 049139

PO 00280

Free

Frm 00359

No change

Fmt 6580

No change

Sfmt 6581

On or before
12/31/2009

E:\PUBLAW\PUBL280.109

’’.

APPS06

PsN: PUBL280

120 STAT. 1138

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1523. ISOCYANATOSULFONYL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.96

2(Isocyanatosulfonyl)benzoic acid, ethyl ester
(CAS No. 77375–79–2)
(provided for in subheading 2930.90.29) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1524. ISOCYANATOSULFONYL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.97

SEC.

2(Isocyanatosulfonyl)benzoic acid, methyl
ester (CAS No. 74222–95–
0) (provided for in subheading 2930.90.29) .........

1525.

Free

No change

No change

On or before
12/31/2009

GEMIFLOXACIN,
GEMIFLOXACIN
MESYLATE,
GEMIFLOXACIN MESYLATE SESQUIHYDRATE.

’’.

AND

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.11.99

Gemifloxacin (CAS No.
175463–14–6);
gemifloxacin mesylate
(CAS No. 210353–53–0 or
204519–65–3); and
gemifloxacin mesylate
sesquihydrate (CAS No.
210353–56–3 ) (the foregoing provided for in subheading 2933.99.46) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1526. BUTRALIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.01

Butralin (CAS No. 3362947-9) (Benzenamine, 4(1,1-dimethylethyl)-N- (1methylpropyl)-2,6-dintro-)
(provided for in subheading 2921.43.90) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1527. SPIRODICLOFEN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

9902.12.02

PO 00280

2,2-Dimethylbutanoic
acid, 3-(2,4dichlorophenyl)–2-oxo-1oxaspiro(4.5)dec-3-en-4-yl
ester (Spirodiclofen) (CAS
No. 148477–71–8) (provided for in subheading
2932.29.10) ........................

Frm 00360

Fmt 6580

Free

Sfmt 6581

No change

No change

E:\PUBLAW\PUBL280.109

On or before
12/31/2009

APPS06

’’.

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1139

SEC. 1528. PROPAMOCARB HCL (PREVICUR).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.03

Mixtures of propyl 3(dimethylamino)
propylcarbamate
monohydrochloride
(Propamocarb hydrochloride) (CAS No. 25606–
41–1) and application adjuvants (provided for in
subheading 3808.20.50) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1529. DESMODUR IL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.04

Poly(toluene diisocyanate)
(CAS No. 26006–20–2)
dissolved in organic solvents (provided for in subheading 3911.90.45) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1530. CHLOROACETONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.05

1-Chloro-2-propanone
(CAS No. 78–95–5) (provided for in subheading
2914.70.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1531. IPN (ISOPHTHALONITRILE).

(a) CALENDAR YEAR 2006.—Subchapter II of chapter 99 is
amended by inserting in numerical sequence the following new
heading:
‘‘

9902.12.06

1,3-Benzenedicarbonitrile
(CAS No. 626–17–5) (provided for in subheading
2926.90.48) ........................

3.04%

No change

No change

On or before
12/31/2006

’’.

(b) CALENDAR YEAR 2007.—
(1) IN GENERAL.—Heading 9902.12.06, as added by subsection (a), is amended—
(A) by striking ‘‘3.04%’’ and inserting ‘‘3.23%’’; and
(B) by striking ‘‘On or before 12/31/2006’’ and inserting
‘‘On or before 12/31/2007’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2007.
(c) CALENDAR YEARS 2008 AND 2009.—
(1) IN GENERAL.—Heading 9902.12.06, as added by subsection (a) and amended by subsection (b), is further amended—
(A) by striking ‘‘3.23%’’ and inserting ‘‘3.4%’’; and
(B) by striking ‘‘On or before 12/31/2007’’ and inserting
‘‘On or before 12/31/2009’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2008.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00361

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1140

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1532. NOA 446510 TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.07

4-Chloro-N-[2-[3-methoxy4-(2propynyloxy)phenyl]ethyl]-α-(2propynyloxy)benzeneacetamide
(Mandipropamid) (CAS
No. 374726–62–2) (provided for in subheading
2924.29.47) ........................

1.2%

No change

No change

On or before
12/31/2009

’’.

SEC. 1533. HEXYTHIAZOX TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.08

SEC.

trans-5-(4-Chlorophenyl)N-cyclohexyl-4-methyl-2oxothiazolidine-3carboxamide (Hexythiazox
Technical) (CAS No.
78587–05–0) (provided for
in subheading 2934.10.10)

Free

No change

1534.
CRELAN
(SELF-BLOCKED
POLYURETDIONE).

No change

On or before
12/31/2009

’’.

CYCLOALIPHATIC

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.10

2-Oxepanone polymer
with 1,4-butanediol and 5isocyanato-1(isocyanatomethyl)–1,3,3trimethylcyclohexane, 2ethyl-1-hexanol-blocked
(CAS No. 189020–69–7)
(provided for in subheading 3909.50.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1535. ASPIRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.11

o-Acetylsalicylic acid (aspirin) (CAS No. 50–78–2)
(provided for in subheading 2918.22.10) .........

3.0%

No change

No change

On or before
12/31/2009

’’.

SEC. 1536. DESMODUR BL XP 2468.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

9902.12.12

PO 00280

Copolymer of methyl ethyl
ketoxime and
toluenediisocyanate (CAS
No. 352462–03–4) (provided for in subheading
3911.90.45) ........................

Frm 00362

Fmt 6580

Free

Sfmt 6581

No change

No change

E:\PUBLAW\PUBL280.109

On or before
12/31/2009

APPS06

’’.

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1141

SEC. 1537. DESMODUR RF-E.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.17

Mixtures of tris(4isocyanatophenyl)thiophosphate (CAS No.
4151–51–3) and ethyl acetate and
monochlorobenzene as solvents (provided for in subheading 3824.90.28) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1538. DESMODUR HL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.18

Benzene, 1,3diisocyanatomethyl-, polymer with 1,6diisocyanatohexane (CAS
No. 63368–95–6) dissolved
in n-butyl acetate (provided for in subheading
3911.90.45) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1539. D-MANNOSE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.19

D-Mannose (CAS No.
3458–28–4) (provided for
in subheading 2940.00.60)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1540. CERTAIN CAMEL HAIR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.20

Camel hair, processed beyond the degreased or carbonized condition (provided for in subheading
5102.19.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1541. WASTE OF CAMEL HAIR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.21

Waste of camel hair (provided for in subheading
5103.20.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1542. CERTAIN CAMEL HAIR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.12.22

14:14 Sep 08, 2006

Camel hair carded or
combed (provided for in
subheading 5105.39.00) ....

Jkt 049139

PO 00280

Free

Frm 00363

No change

Fmt 6580

No change

Sfmt 6581

On or before
12/31/2009

E:\PUBLAW\PUBL280.109

’’.

APPS06

PsN: PUBL280

120 STAT. 1142

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1543. WOVEN FABRIC OF VICUNA HAIR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.23

Woven fabrics containing
85 percent or more by
weight of vicuna hair (provided for in subheadings
5111.11.70, 5111.19.60,
5112.11.60, or 5112.19.95)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1544. CERTAIN CAMEL HAIR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.24

Camel hair, not processed
in any manner beyond the
degreased or carbonized
condition (provided for in
subheading 5102.19.20) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1545. NOILS OF CAMEL HAIR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.25

Noils of camel hair (provided for in subheading
5103.10.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1546. CHLOROACETIC ACID, ETHYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.33

Chloroacetic acid, ethyl
ester (CAS No. 105–39–5)
(provided for in subheading 2915.40.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1547. CHLOROACETIC ACID, SODIUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.34

Chloroacetic acid, sodium
salt (CAS No. 3926–62–3)
(provided for in subheading 2915.40.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1548. LOW EXPANSION LABORATORY GLASS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00364

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.12.39

Laboratory, hygienic, or
pharmaceutical glassware,
whether or not graduated
or calibrated, of low expansion borosilicate glass
or alumino-borosilicate
glass, having a linear coefficient of expansion not
exceeding 3.3 x 107 per
Kelvin within a temperature range of 0 to 300° C
(provided for in subheading 7017.20.00) .........

3.6%

No change

No change

120 STAT. 1143

On or before
12/31/2009

’’.

SEC. 1549. STOPPERS, LIDS, AND OTHER CLOSURES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.40

Stoppers, lids, and other
closures of low expansion
borosilicate glass or
alumino-borosilicate glass,
having a linear coefficient
of expansion not exceeding 3.3 x 107 per Kelvin
within a temperature
range of 0 to 300° C, produced by automatic machine (provided for in subheading 7010.20.20) or
produced by hand (provided for in subheading
7010.20.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1550. PIGMENT YELLOW 213.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.41

1,4- Benzenedicarboxylic
acid, 2-[[2-oxo-1-[[1,2,3,4tetrahydro-7-methoxy-2,3dioxo-6-quinoxalinyl)
amino]carbonyl]
propyl]azo]-, dimethyl
ester (Pigment Yellow
213) (CAS No. 220198–
21–0) (provided for in subheading 3204.17.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1551. INDOXACARB.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.42

(4aS) -7-Chloro-2, 5dihydro-2- [[(methoxycarbonyl)[4(trifluoromethoxy) phenyl]
amino] carbonyl]-indeno
[1,2-e][1,3,4] oxadiazine4a (3H)-carboxylic acid
methyl ester (CAS No.
173584–44–6) (provided
for in subheading
2934.99.16) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1552. DIMETHYL CARBONATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00365

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1144
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.12.43

Dimethyl carbonate (CAS
No. 616–38–6) (provided
for in subheading
2920.90.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1553. 5-CHLORO-1-INDANONE (EK179).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.44

5-Chloro-1-indanone (CAS
No. 42348–86–7) (provided for in subheading
2914.39.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1554. MIXTURES OF FAMOXADONE AND CYMOXANIL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.45

SEC.

Mixtures of 5-methyl-5-(4phenoxyphenyl)–3(phenylamino)–2,4oxazolidinedione]
(famoxadone) (CAS No.
131807–57–3), 2-cyano-N[(ethylamino)carbonyl]-2(methoxyimino)acetamide
(Cymoxanil) (CAS No.
57966–95–7) and application adjuvants (provided
for in subheading
3808.20.15) ........................

1555.

Free

No change

DECANEDIOIC
ACID,
PIPERIDINYL) ESTER.

No change

On or before
12/31/2009

’’.

BIS(2,2,6,6-TETRAMETHYL-4-

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.47

Decanedioic acid,
bis(2,2,6,6-tetramethyl-4piperidinyl) ester (CAS
No. 52829–07–9) (provided for in subheading
2933.39.91) ........................

Free

No change

No change

On or Before
12/31/2009

’’.

SEC. 1556. ACID BLUE 80.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.49

Acid Blue 80 (CAS No.
4474–24–2) (provided for
in subheading 3204.12.50)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1557. PIGMENT BROWN 25.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

9902.12.50

PO 00280

Pigment Brown 25 (CAS
No. 6992–11–6) (provided
for in subheading
3204.17.04) ........................

Frm 00366

Fmt 6580

Free

Sfmt 6581

No change

No change

E:\PUBLAW\PUBL280.109

On or before
12/31/2009

APPS06

’’.

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1145

SEC. 1558. FORMULATIONS OF AZOXYSTROBIN.

(a) CALENDAR YEAR 2006.—Subchapter II of chapter 99 is
amended by inserting in numerical sequence the following new
heading:
‘‘

9902.12.51

Mixtures of benzeneacetic
acid, (α E)- 2-[[6-(2cyanophenoxy)–4pyrimidinyl]oxy]-α(methoxymethylene)-,
methyl ester
(Azoxystrobin) (CAS No.
131860–33–8) and application adjuvants (provided
for in subheading
3808.20.15) ........................

6.14%

No change

No change

On or before
12/31/2006

’’.

(b) CALENDAR YEAR 2007.—
(1) IN GENERAL.—Heading 9902.12.51, as added by subsection (a), is amended—
(A) by striking ‘‘6.14%’’ and inserting ‘‘6.15%’’; and
(B) by striking ‘‘On or before 12/31/2006’’ and inserting
‘‘On or before 12/31/2007’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2007.
(c) CALENDAR YEARS 2008 AND 2009.—
(1) IN GENERAL.—Heading 9902.12.51, as added by subsection (a) and amended by subsection (b), is further amended—
(A) by striking ‘‘6.15%’’ and inserting ‘‘6.17%’’; and
(B) by striking ‘‘On or before 12/31/2007’’ and inserting
‘‘On or before 12/31/2009’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2008.
SEC. 1559. FORMULATIONS OF PINOXADEN/CLOQUINTOCET.

(a) CALENDAR YEARS 2006 AND 2007.—Subchapter II of chapter
99 is amended by inserting in numerical sequence the following
new heading:
‘‘

9902.12.52

Mixtures of 8(2,6-diethylp-tolyl)–1,2,4,5tetrahydro-7-oxo-7Hpyrazolo[[1,2-d][1,4,5]
oxadiazepin-9-yl 2,2dimethylpropionate
(Pinoxaden) (CAS No.
243973–20–8), acetic acid,
[5-chloro-8-quinolinyl]oxy]-, 1-methylhexyl
ester (Cloquintocet) (CAS
No. 99607–70–2) and application adjuvants (provided for in subheading
3808.30.15) ........................

Free

No change

No change

On or before
12/31/2007

’’.

(b) CALENDAR YEARS 2008 AND 2009.—
(1) IN GENERAL.—Heading 9902.12.52, as added by subsection (a), is further amended—
(A) by striking ‘‘Free’’ and inserting ‘‘1.74%’’; and
(B) by striking ‘‘On or before 12/31/2007’’ and inserting
‘‘On or before 12/31/2009’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2008.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00367

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1146

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1560. MIXTURES OF DIFENOCONAZOLE/MEFENOXAM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.53

Mixtures of 1H-1,2,4-triazole, 1-((2chlorophenoxy)phenyl)–4methyl-1,3-dioxolan-2yl)methyl)(Difenoconazole) (CAS No.
119446–68–3), (R,S)–2((2,6-dimethylphenyl)
methoxyacetylamino) propionic acid, methyl ester
(Mefenoxam) (CAS Nos.
70630–17–0, and 69516–
34–3) and application adjuvants (provided for in
subheading 3808.20.15) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1561. FLUDIOXINIL TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.54

1H-Pyrrole-3-carbonitrile,
4-(2,2-difluoro-1,3benzodioxol-4-yl)(fludioxinil) (CAS No.
131341–86–1) (provided
for in subheading
2934.99.12) ........................

1.6%

No change

No change

On or before
12/31/2009

’’.

SEC. 1562. MIXTURES OF CLODINAFOP-PROPARGYL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.55

Mixtures of propionic acid,
2-(4-((5-chloro-3-fluoro-2pyridynyl)oxy)phenoxy-2propynyl ester,
(clodinafop-propargyl)
(CAS No. 105512–06–9)
(provided for in subheading 3808.30.15) .........

1.7%

No change

No change

On or before
12/31/2009

’’.

SEC. 1563. AVERMECTIN B, 1,4″-DEOXY-4″-METHYLAMINO-, (4″R)-, BENZOATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.56

Avermectin B, 1,4″-deoxy4″-methylamino-, (4″R)-,
benzoate (CAS No.
155569–91–8) (provided
for in subheading
3824.90.91 or 2932.29.50)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1564. CLOQUINTOCET-MEXYL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00368

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.12.57

Acetic acid, 5-chloro-8quinolinoxy-, 1methylhexyl ester
(Cloquintocet-mexyl) (CAS
No. 99607–70–2) (provided for in subheading
2933.49.30) ........................

Free

No change

No change

120 STAT. 1147

On or before
12/31/2009

’’.

SEC. 1565. METALAXYL-M TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.58

(R,S)–2-((2,6Dimethylphenyl)
methoxyacetylamino) propionic acid, methyl ester
(Metalaxyl-M and LMetalaxylfenoxam) (CAS
Nos. 70630–17–0 and
69516–34–3) (provided for
in subheading 2924.29.47)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1566. CYPROCONAZOLE TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.59

[α-(4-Chlorophenyl)-α-(1cyclopropylethyl)–1H-1–
1,2,4-triazole-1-ethanol
(Cyproconazole) (CAS No.
94361–06–5) (provided for
in subheading 2934.99.12)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1567. PINOXADEN TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.12.60

8-(2,6-Diethyl-4methylphenyl)–1,2,4,5tetrahydro-7-oxo-7Hpyrazolo[1,2d][1,4,5]oxadiazepin-9-yl
2,2-dimethylpropanoate
(Pinoxaden) (CAS No.
243973–20–8) (provided
for in subheading
2934.99.15) ........................

1.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1568. MIXTURES OF TRALKOXYDIM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.12.61

14:14 Sep 08, 2006

Mixtures of 2-[1(ethoxyimino)propyl]-3-hydroxy-5-(2,4,6trimethylphenyl)–2-cyclohexen-1-one
(Tralkoxydim) (CAS No.
87820–88–0) as the active
ingredient and application
adjuvants (provided for in
subheading 3808.30.15) ....

Jkt 049139

PO 00280

Free

Frm 00369

No change

Fmt 6580

No change

Sfmt 6581

On or before
12/31/2009

E:\PUBLAW\PUBL280.109

’’.

APPS06

PsN: PUBL280

120 STAT. 1148

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 1569. CERTAIN CHEMICALS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:
‘‘

9902.12.72

Mixtures of zinc
dialkyldithiophosphate
(CAS No. 6990–43–8)
with an elastomer
binder of ethylene-propylene-diene monomer
and ethyl vinyl acetate,
dispersing agents and
silica (provided for in
subheading 3812.10.50)

Free

No change

No change

On or before 12/
31/2009

9902.12.73

Mixtures of
dithiocarbamate, thiazole, thiuram and thiourea with an elastomer
binder of ethylene-propylene-diene monomer
and ethyl vinyl acetate,
and dispersing agents
(provided for in subheading 3812.10.50) ....

Free

No change

No change

On or before 12/
31/2009

9902.12.74

Mixtures of
caprolactam disulfide
(CAS No. 23847–08–7)
with an elastomer
binder of ethylene-propylene-diene monomer
and ethyl vinyl acetate,
and dispersing agents
(provided for in subheading 3812.10.50) ....

Free

No change

No change

On or before 12/
31/2009

Mixtures of N′-(3,4dichloro-phenyl)-N,Ndimethylurea (CAS No.
330–54–1) with acrylate rubber (provided
for in subheading
3812.10.50) ...................

Free

No change

No change

On or before 12/
31/2009

9902.12.76

Mixtures of zinc
dicyanato diamine
(CAS No. 122012–52–
6) with an elastomer
binder of ethylene-propylene-diene monomer
and ethyl vinyl acetate,
and dispersing agents
(provided for in subheading 3812.10.50) ....

Free

No change

No change

On or before 12/
31/2009

9902.12.77

4,8-Dicyclohexyl -6–
2,10-dimethyl -12Hdibenzo [d,g][1,3,2]
dioxaphosphocin (CAS
No. 73912–21–7) (provided for in subheading
2920.90.50) ...................

Free

No change

No change

On or before 12/
31/2009

Mixtures of
benzenesulfonic acid,
dodecyl-, with 2aminoethanol (CAS No.
26836–07–7) and Poly
(oxy-1,2-ethanediyl), α[1-oxo-9- octadecenyl]w-hydroxy-, (9Z) (CAS
No. 9004–96–0) (provided for in subheading
3402.90.50) ...................

Free

No change

No change

On or before 12/
31/2009

9902.12.75

9902.12.78

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00370

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
9902.12.79

SEC.

1,3- Dihydro-3,3-bis (4hydroxy-m-tolyl) -2Hindol-2-one (CAS No.
47465–97–4) (provided
for in subheading
2933.79.08) ...................

1570.

Free

No change

No change

120 STAT. 1149

On or before 12/
31/2009

’’.

MIXTURES
OF
( ≤ )–(CIS
AND
TRANS)–1-[[2-(2,4DICHLOROPHENYL)–4-PROPYL-1,3-DIOXOLAN-2-YL]METHYL]-1H-1,2,4-TRIAZOLE.

(a) IN GENERAL.—Subchapter II of chapter 99 is amended by
inserting in numerical sequence the following new heading:
‘‘

9902.12.80

Mixtures of ( ± )–(cis and
trans)–1-[[2-(2,4Dichlorophenyl)–4-propyl1,3-dioxolan-2-yl]-methyl]1H-1,2,4-triazole (CAS No.
60207–90–1) and application adjuvants (provided
for in subheading
3808.20.15) ........................

1.1%

No change

No change

On or before
12/31/2009

’’.

(b) CONFORMING AMENDMENT.—Subchapter II of chapter 99
is amended by striking heading 9902.32.04.
SEC. 1571. PARAQUAT DICHLORIDE.

(a) IN GENERAL.—Subchapter II of chapter 99 is amended by
inserting in numerical sequence the following new heading:
‘‘

9902.13.06

Paraquat dichloride
(1,1’dimethyl-4,4’bipyridinium dichloride)
(CAS No. 1910–42–5)
(provided for in subheading 2933.39.23) .........

3.59%

No change

No change

On or before
12/31/2006

’’.

(b) CALENDAR YEAR 2007.—
(1) IN GENERAL.—Heading 9902.13.06, as added by subsection (a), is amended—
(A) by striking ‘‘3.59%’’ and inserting ‘‘4.02%’’; and
(B) by striking ‘‘On or before 12/31/2006’’ and inserting
‘‘On or before 12/31/2007’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2007.
(c) CALENDAR YEARS 2008 AND 2009.—
(1) IN GENERAL.—Heading 9902.13.06, as added by subsection (a) and amended by subsection (b), is further amended—
(A) by striking ‘‘4.02%’’ and inserting ‘‘4.41%’’; and
(B) by striking ‘‘On or before 12/31/2007’’ and inserting
‘‘On or before 12/31/2009’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2008.
SEC. 1572. CERTAIN BASKETBALLS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00371

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1150
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.13.07

Basketballs, having an external surface other than
leather, rubber, or synthetic (provided for in
subheading 9506.62.80) ....

0.9%

No change

No change

On or before
12/31/2009

’’.

SEC. 1573. CERTAIN LEATHER BASKETBALLS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.08

Leather basketballs (provided for in subheading
9506.62.80) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1574. CERTAIN RUBBER BASKETBALLS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.09

Rubber basketballs (provided for in subheading
9506.62.80) ........................

1.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1575. CERTAIN VOLLEYBALLS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.10

SEC.

1576.

Volleyballs (provided for
in subheading 9506.62.80)

Free

No change

No change

On or before
12/31/2009

’’.

4-CHLORO-3-[[3-(4-METHOXYPHENYL)–1,3-DIOXOPROPYL]AMINO]-DODECYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.11

4-Chloro-3-[[3-(4methoxyphenyl)–1,3dioxopropyl]-amino]dodecyl ester (CAS No.
33942–96–0) (provided for
in subheading 2924.29.71)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1577. LINURON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.24

3-(3,4-Dichlorophenyl)–1methoxy-1-methylurea
(CAS No. 330–55–2)
(Linuron) (provided for in
subheading 2924.21.16) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1578. N,N-DIMETHYLPIPERIDINIUM CHLORIDE (MEPIQUAT CHLORIDE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00372

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.13.25

N,NDimethylpiperidinium
chloride (Mepiquat chloride) (CAS No. 24307–26–
4) (provided for in subheading 2933.39.25) .........

Free

No change

No change

120 STAT. 1151

On or before
12/31/2009

’’.

SEC. 1579. DIURON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.26

Formulations of 3-(3,4dichlorophenyl)–1,1dimethylurea (CAS No.
330–54–1) (Diuron) and
application adjuvants
(provided for in subheading 3808.30.15) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1580. FORMULATED PRODUCT KROVAR I DF.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.27

Formulations containing
5-bromo-3-sec-butyl-6methyluracil (Bromacil)
(CAS No. 314–40–9), 3(3,4-Dichlorophenyl)–1,1dimethylurea (Diuron)
(CAS No. 330–54–1), and
application adjuvants
(provided for in subheading 3808.30.15) .........

2.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1581. TRIASULFURON TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.28

3-(6-Methoxy-4-methyl1,3,5-triazin-2-yl)–1-[2-(2chloroethoxy)
phenylsulfonyl]urea
(Triasulfuron) (CAS No.
82097–50–5) (provided for
in subheading 2935.00.75)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1582. BRODIFACOUM TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.29

3-[3-(4’-Bromo[1,1’biphenyl]-4-yl)–1,2,3,4tetrahydro-1naphthalenyl]-4-hydroxy2H-1-benzopyran- 2-one
(Brodifacoum) (CAS No.
56073–10–0) (provided for
in subheading 2932.29.10)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1583. PYMETROZINE TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00373

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1152
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.13.30

1,2,4-Triazin-3(2H)-one,
4,5-dihydro-6-methyl-4[(3pyridinylmethylene)amino]- (Pymetrozine)
(CAS No. 123312–89–0)
(provided for in subheading 2933.69.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1584. FORMULATIONS OF THIAMETHOXAM, DIFENOCONAZOLE,
FLUDIOXINIL, AND MEFENOXAM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.31

Formulations of 3-[(2chloro-5thiazolyl)methyl]tetrahydro-5methyl-N-nitro-1,3,5oxadiazin-4-imine)
(Thiamethoxam) (CAS No.
153719–23–4 ); 1H-1,2,4triazole, 1-[[2-[2-chloro-4(4-chlorophenoxy)phenyl]4-methyl- 1,3-dioxolan-2yl]methyl](Difenoconazole) (CAS No.
119446–68–3); 1HPyrrole-3-carbonitrile, 4(2,2-difluoro-1,3benzodioxol-4-yl)(Fludioxinil) (CAS No.
131341–86–1); and (R,S)–
2-[(2,6dimethylphenylmethoxy)acetylamino]-propionic
acid methyl ester
(Mefenoxam) (CAS Nos.
70630–17–0 and 69516–
34–3) (provided for in subheading 3808.20.15) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1585. TRIFLOXYSULFURON-SODIUM TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.32

N-[[(4,6-Dimethoxy-2pyrimidinyl)amino]carbonyl]-3-(2,2,2trifluoroethoxy)–2pyridinesulfonamide
monosodium salt (CAS
No. 199119–58–9)
(trifloxysulfuron-sodium)
(provided for in subheading 2935.00.75) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1586. 2 BENZYLTHIO-3-ETHYL SULFONYL PYRIDINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

9902.13.41

PO 00280

2-Benzylthio-3-ethyl
sulfonyl pyridine (CAS
No. 175729–82–5) (provided for in subheading
2933.39.61) ........................

Frm 00374

Fmt 6580

Free

Sfmt 6581

No change

No change

E:\PUBLAW\PUBL280.109

On or before
12/31/2009

APPS06

’’.

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1153

SEC. 1587. 2-AMINO-4-METHOXY-6-METHYL-1,3,5-TRIAZINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.42

2-Amino-4-methoxy-6methyl-1,3,5-triazine (CAS
No. 1668–54–8) (provided
for in subheading
2933.69.60) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1588. FORMULATED PRODUCTS CONTAINING MIXTURES OF THE
ACTIVE
INGREDIENT
2-CHLORO-N-[[(4-METHOXY-6METHYL-1,3,5-TRIAZIN-2YL)
AMINO]CARBONYL]
BENZENESULFONAMIDE AND APPLICATION ADJUVANTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.43

Formulated products containing mixtures of the active ingredient 2-chloro-N[[(4-methoxy-6-methyl1,3,5-triazin-2yl)
amino]carbonyl]
benzenesulfonamide and
application adjuvants
(Chlorosulfuon) (CAS No.
64902–72–3) (provided for
in subheading 3808.30.15)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1589. 2-METHYL-4-METHOXY-6-METHYLAMINO-1,3,5-TRIAZINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.44

SEC.

2-Methyl-4-methoxy-6methylamino-1,3,5-triazine (CAS No. 5248–39–
5) (provided for in subheading 2933.69.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

1590.
MIXTURES
OF
SODIUM-2-CHLORO-6-[(4,6
DIMETHOXYPYRIMIDIN-2-YL)THIO]BENZOATE
AND
APPLICATION ADJUVANTS (PYRITHIOBAC-SODIUM).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.45

Mixtures of sodium-2chloro-6-[(4,6
dimethoxypyrimidin-2yl)thio]benzoate (CAS No.
123343–16–8) and application adjuvants
(Pyrithiobac-sodium) (provided for in subheading
3808.30.15) ........................

3.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1591. CERTAIN DECORATIVE PLATES, DECORATIVE SCULPTURES,
DECORATIVE PLAQUES, AND ARCHITECTURAL MINIATURES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00375

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1154
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.13.46

Decorative plates, whether or not with decorative
rim or attached sculpture;
decorative sculptures,
each with plate or plaque
attached, and decorative
plaques each not over 7.65
cm in thickness; architectural miniatures, whether
or not put up in sets; all
the foregoing of resin materials and containing agglomerated stone, put up
for mail order retail sale,
whether for wall or tabletop display and each
weighing not over 1.36 kg
together with their retail
packaging (provided for in
subheading 3926.40.00) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1592. CERTAIN MUSIC BOXES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.47

Music boxes with mechanical musical movements,
presented in the immediate packaging for shipment to the ultimate purchaser, and each weighing
not over 6 kg together
with retail packaging
(provided for in subheading 9208.10.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1593. 2-METHYL-4-CHLOROPHENOXYACETIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.60

2-Methyl-4chlorophenoxyacetic acid
(CAS No. 94–74–6) (provided for in subheading
2918.90.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1594. PHENMEDIPHAM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.76

3Methylcarbonylaminophenyl-3-methyl-carbanilate
(Phenmedipham) (CAS
No. 13684–63–4) in bulk
or mixed with application
adjuvants (provided for in
subheadings 2924.29.47
and 3808.30.15) .................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1595. DESMEDIPHAM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00376

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.13.77

3Ethoxycarbonylaminophenyl-N-phenylcarbamate
(Desmedipham) (CAS No.
13684–56–5) in bulk or
mixed with application
adjuvants (provided for in
subheadings 2924.29.43
and 3808.30.15) .................

Free

No change

No change

120 STAT. 1155

On or before
12/31/2009

’’.

SEC. 1596. CERTAIN FOOTWEAR WITH OPEN TOES OR HEELS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.78

Footwear with outer soles
of rubber or plastics and
uppers of vegetable fibers,
with open toes or open
heels, other than house
slippers (provided for in
subheading 6404.19.25) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1597. CERTAIN WORK FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.85

House slippers with outer
soles of rubber, plastics,
leather or composition
leather and uppers of
leather, valued not over
$2.50/pair (provided for in
subheading 6403.99.75);
Sports footwear; tennis
shoes, basketball shoes,
gym shoes, training shoes
and the like, all the foregoing with outer soles of
rubber or plastics and uppers of textile materials
for women (provided for in
subheading 6404.11.20) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1598. CERTAIN REFRACTING AND REFLECTING TELESCOPES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.86

Refracting telescopes with
50 mm or smaller objective lenses and reflecting
telescopes with 76 mm or
smaller mirrors, and parts
and accessories thereof
(provided for in subheading 9005.80.40 or
9005.90.80) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1600. CERTAIN WORK FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00377

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1156
‘‘

PUBLIC LAW 109–280—AUG. 17, 2006
9902.13.90

Welt footwear with outer
soles of rubber, plastics,
leather or composition
leather and uppers of pigskin, incorporating a protective metal toe-cap (provided for in subheading
6403.40.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1601. CERTAIN FOOTWEAR FOR MEN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.91

Other footwear with uppers of vegetable fibers,
for men (provided for in
subheading 6405.20.30) ....

4.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1602. CERTAIN RUBBER OR PLASTIC FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.92

Other footwear with uppers of vegetable fibers,
other than such footwear
for men or women (provided for in subheading
6405.20.30) ........................

6.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1604. ZINC DIMETHYLDITHIOCARBAMATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.13.97

Zinc
dimethyldithiocarbamate
(Ziram) (CAS No. 137–30–
4) (provided for in subheading 3808.20.28) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1605. CERTAIN LIQUID CRYSTAL DEVICE (LCD) PANEL ASSEMBLIES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.85.21

Liquid Crystal Device
(LCD) panel assemblies
for use in LCD direct view
televisions (provided for in
subheading 9013.80.90) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1606. CERTAIN WATERTUBE BOILERS AND REACTOR VESSEL
HEADS.

(a) WATERTUBE BOILERS.—Subchapter II of chapter 99 is
amended by inserting in numerical sequence the following new
heading:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00378

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006
‘‘

9902.84.01

Watertube boilers with a
steam production exceeding 45 t per hour, for use
in nuclear facilities entered after 12/31/2008 and
on or before 12/31/2010 if
the contract for the purchase of such watertube
boilers was entered into
on or before 7/31/2006
(provided for in subheading 8402.11.00) .........

Free

No change

No change

120 STAT. 1157

On or before
12/31/2010

’’.

(b) REACTOR VESSEL HEADS.—Subchapter II of chapter 99 is
amended by inserting in numerical sequence the following new
heading:
‘‘

9902.84.04

Reactor vessel heads and
pressurizers for nuclear
reactors entered after 12/
31/2008 and on or before
12/31/2010 if the contract
for the purchase of such
heads and pressurizers
was entered into on or before 7/31/2006 (provided
for in subheading
8401.40.00) ........................

Free

No change

No change

On or before
12/31/2010

’’.

CHAPTER 2—EXISTING DUTY SUSPENSIONS AND
REDUCTIONS
SEC. 1611. EXTENSION OF CERTAIN EXISTING DUTY SUSPENSIONS AND
REDUCTIONS.

(a) EXISTING DUTY SUSPENSIONS AND REDUCTION.—Each of the
following headings is amended by striking the date in the effective
period column and inserting ‘‘12/31/2009’’:
(1) Heading 9902.39.08 (relating to ORGASOL polyamide
powders).
(2) Heading 9902.30.90 (relating to 3-amino-2′-(sulfatoethyl sulfonyl) ethyl benzamide).
(3) Heading 9902.32.91 (relating to MUB 738 INT).
(4) Heading 9902.30.31 (relating to 5-amino-N-(2-hydroxyethyl)–2,3-xylenesulfonamide).
(5) Heading 9902.01.83 (relating to Ethoprop).
(6) Heading 9902.01.73 (relating to Fosetyl-Al).
(7) Heading 9902.03.38 (relating to Flufenacet (FOE
hydroxy)).
(8) Heading 9902.02.02 (relating to Methidathion Technical).
(9) Heading 9902.02.12 (relating to difenoconazole).
(10) Heading 9902.02.09 (relating to Lambda-Cyhalothrin).
(11) Heading 9902.02.08 (relating to cyprodinil).
(12) Heading 9902.02.04 (relating to Wakil XL).
(13) Heading 9902.02.06 (relating to Azoxystrobin Technical).
(14) Heading 9902.02.05 (relating to mucochloric acid).
(15) Heading 9902.03.06 (relating to high tenacity multiple
(folded) or cabled yarn of viscose rayon).
(16) Heading 9902.05.07 (relating to high tenacity single
yarn of viscose rayon with a decitex equal to or greater than
1,000).

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00379

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1158

PUBLIC LAW 109–280—AUG. 17, 2006
(17) Heading 9902.38.31 (relating to Vulkalent E/C).
(18) Heading 9902.01.71 (relating to hexanedioic acid,
polymer with 1,3-benzenedimethanamine).
(19) Heading 9902.29.93 (relating to Trinexapac-ethyl).
(20) Heading 9902.38.52 (relating to formulations of
triasulfuron).
(21) Heading 9902.39.30 (relating to certain ion-exchange
resins).
(22) Heading 9902.32.82 (relating to 2,6 Dichlorotoluene).
(23) Heading 9902.02.33 (relating to Ion exchange resin
comprising a compolymer of styrene crosslinked with
ethenylbenzene, aminophosphonic acid sodium form).
(24) Heading 9902.02.32 (relating toIon exchange resin
comprising a copolymer of styrene crosslinked with
divinylbenzene, iminodiacetic acid, sodium form)).
(25) Heading 9902.01.78 (relating to certain bags for toys).
(26) Heading 9902.01.81 (relating to cases for certain children’s products).
(27) Heading 9902.01.80 (relating to certain children’s products).
(28) Heading 9902.29.34 (relating to certain light absorbing
photo dyes).
(29) Heading 9902.85.04 (relating to certain R-core transformers).
(30) Heading 9902.03.04 (relating to reduced vat blue 43).
(31) Heading 9902.03.03 (relating to sulfur black 1).
(32) Heading 9902.01.22 (relating to DMSIP).
(33) Heading 9902.29.35 (relating to 2-(Methoxycarbonyl)benzylsulfonamide).
(34) Heading 9902.02.52 (relating to Imidacloprid pesticides).
(35) Heading 9902.38.15 (relating to Baytron C-R).
(36)
Heading
9902.29.87
(relating
to
3,4Ethylenedioxythiophene).
(37) Heading 9902.01.90 (relating to certain filament
yarns).
(38) Heading 9902.01.91 (relating to certain filament
yarns).
(39) Heading 9902.71.08 (relating to certain semi-manufactured forms of gold).
(40) Heading 9902.04.10 (relating to Crotonic Acid).
(41)
Heading
9902.04.09
(relating
to
3,6,9Trioxaundecanedioic acid).
(42) Heading 9902.02.51 (relating to benzoic acid, 2-amino4-[[(2,5-dichlorophenyl)amino]carbonyl]-, methyl ester).
(43) Heading 9902.32.73 (relating to Solvent blue 124).
(44) Heading 9902.32.55 (relating to Methyl thioglycolate
(MTG)).
(45) Heading 9902.01.48 (relating to Ethyl pyruvate).
(46)
Heading
9902.04.11
(relating
to
1,3Benzenedicarboxamide, N, N′-Bis (2,2,6,6-tetramethyl-4piperidinyl)-).
(47) Heading 9902.04.07 (relating to reaction products of
phosphorus trichloride with 1,1′-biphenyl and 2,4-bis(1,1dimethylethyl)phenol).
(48) Heading 9902.04.05 (relating to preparations based
on ethanediamide, N-(2-ethoxyphenyl)-N′-(4-isodecylphenyl)-).

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00380

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1159

(49) Heading 9902.04.06 (relating to 1-Acetyl-4-(3-dodecyl2,5-dioxo-1-pyrrolidinyl)–2,2,6,6-tetramethylpiperidine).
(50) Heading 9902.04.12 (relating to 3-Dodecyl-1-(2,2,6,6tetramethyl-4-piperidinyl)–2,5-pyrrolidinedione).
(51)
Heading
9902.29.70
(relating
to
Tetraacetylethylenediamine).
(52) Heading 9902.34.01 (relating to sodium petroleum
sulfonate).
(53) Heading 9902.02.75 (relating to esters and sodium
esters of parahydroxybenzoic acid).
(54) Heading 9902.30.16 (relating to Diclofop methyl).
(55)
Heading
9902.33.61
(relating
to
((3((Dimethylamino)carbonyl)–2-pyridinyl)sulfonyl) carbamic acid,
phenyl ester).
(56) Heading 9902.01.45 (relating to Esfenvalerate).
(57) Heading 9902.05.01 (relating to Methyl 2-[[[[[4(dimethylamino)–6(2,2,2-trifluoroethoxy)-1,3,5-triazin-2-yl]amino]carbonyl]amino]sulfonyl]-3-methylbenzoate and application adjuvants).
(58) Heading 9902.01.44 (relating to Benzyl carbazate).
(59) Heading 9902.05.14 (relating to Pyromellitic
Dianhydride).
(60) Heading 9902.05.13 (relating to 4,4’-Oxydiphthalic
Anhydride).
(61) Heading 9902.05.12 (relating to 4,4’-Oxydianiline).
(62)
Heading
9902.05.11
(relating
to
3,3’,4,4’Biphenyltetracarboxylic Dianhydride).
(63)
Heading
9902.29.80
(relating
to
1-[[2-(2,4dichlorophenyl)–4-propyl-1,3-dioxolan-2-yl]-methyl]-1H-1,2,4triazole).
(64) Heading 9902.05.19 (relating to ethofumesate).
(65) Heading 9902.02.60 (relating to Nemacur VL).
(66) Heading 9902.03.77 (relating to thiophanate methyl).
(67) Heading 9902.84.14 (relating to ceiling fans).
(b) OTHER MODIFICATIONS.—
(1) 2-CHLOROBENZYL CHLORIDE.—Heading 9902.01.56 is
amended—
(A) by striking ‘‘2903.69.70’’ and inserting ‘‘2903.69.80’’;
and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(2) TRIETHYLENE GLYCOL BIS[3-(3-TERT-BUTYL-4-HYDROXY-5METHYLPHENYL)PROPIONATE]
.—Heading
9902.01.88
is
amended—
(A) by striking ‘‘Free’’ and inserting ‘‘4.1%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(3) FORMULATIONS OF TRIASULFURON AND DICAMBA.—
Heading 9902.38.21 is amended—
(A) in the article description column—
(i) by inserting ‘‘(Triasulfuron)’’ before ‘‘(CAS No.
82097-50-5)’’; and
(ii) by inserting ‘‘(Dicamba)’’ before ‘‘(CAS No.
1918-00-9)’’; and
(B) by striking ‘‘12/31/2003’’ and inserting ‘‘12/31/2009’’.
(4) 11-AMINOUNDECANOIC ACID.—Heading 9902.32.49 is
amended—
(A) by striking ‘‘Free’’ and inserting ‘‘2.3%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00381

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1160

PUBLIC LAW 109–280—AUG. 17, 2006
(5) PHBA.—Heading 9902.29.03 is amended—
(A) by striking ‘‘Free’’ and inserting ‘‘3.1%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(6) ACETAMIPRID TECHNICAL.—Heading 9902.03.92 is
amended—
(A) by striking ‘‘Free’’ and inserting ‘‘2.5%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(7) BAYTRON AND BAYTRON P.—Heading 9902.39.15 is
amended—
(A) by inserting ‘‘, whether or not containing binder
resin and organic solvent’’ before ‘‘(CAS No.’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(8) IPRODIONE.—Heading 9902.01.51 is amended—
(A) by striking ‘‘4.1%’’ and inserting ‘‘2.0%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(9)
ETHANEDIAMIDE,
N-(2-ETHOXYPHENYL)-N′-(2ETHYLPHENYL)-).—Heading 9902.04.13 is amended—
(A) by striking ‘‘2924.29.76’’ and inserting ‘‘2924.29.71’’;
and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(10) THIAMETHOXAM TECHNICAL.—Heading 9902.03.11 is
amended—
(A) by striking ‘‘3.2%’’ and inserting ‘‘3.0%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(11) 1,3-BIS(4-AMINOPHENOXY)BENZENE (RODA).—Heading
9902.05.15 is amended—
(A) by inserting ‘‘(RODA)’’ after ‘‘benzene’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(12)
MIXTURES
OF
N-[[(4,6-DIMETHOXYPYRIMIDIN-2YL)AMINO]CARBONYL]-3-(ETHYLSULFONYL)–2PYRIDINESULFONAMIDE AND APPLICATION ADJUVANTS.—Heading
9902.33.60 is amended—
(A) by striking the article description and inserting
the following: ‘‘Mixtures of N-[[(4,6-dimethoxypyrimidin-2yl)amino]carbonyl]-3-(ethylsulfonyl)–2-pyridinesulfonamide
and application adjuvants (CAS No. 122931–48–0) (provided for in subheading 3808.30.15)’’; and
(B) by striking ‘‘12/31/2003’’ and inserting ‘‘12/31/2009’’.

Subtitle B—Other Tariff Provisions
CHAPTER 1—LIQUIDATION OR RELIQUIDATION OF
CERTAIN ENTRIES

VerDate 14-DEC-2004

Deadlines.

SEC. 1621. CERTAIN TRAMWAY CARS AND ASSOCIATED SPARE PARTS.

Czech Republic.
Oregon.

(a) IN GENERAL.—The Commissioner of the Bureau of Customs
and Border Protection of the Department of Homeland Security
shall admit free of duty 3 tramway cars (provided for in subheading
8603.10.00 of the Harmonized Tariff Schedule of the United States)
manufactured in Ostrava, Czech Republic, for the use by the city
of Portland, Oregon, and imported pursuant to a contract with
the city of Portland, Oregon, and associated spare parts for such
tramway cars (provided for in applicable subheadings of heading
8607 or other headings of the Harmonized Tariff Schedule of the
United States) imported pursuant to such contract, the foregoing

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00382

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1161

to be entered into the customs territory of the United States by
not later than December 31, 2006.
(b) RELIQUIDATION; REFUND OF AMOUNTS OWED.— If the liquidation of the entry of any of the tramway cars or associated
spare parts described in subsection (a) becomes final before the
date of the enactment of this Act, the Commissioner of the Bureau
of Customs and Border Protection, notwithstanding any other provision of law, shall—
(1) within 15 days after such date, reliquidate the entry
in accordance with the provisions of this section; and
(2) at the time of such reliquidation, make the appropriate
refund of any duty paid with respect to the entry.
SEC. 1622. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES.

Deadline.

(a) RELIQUIDATION OF ENTRIES.—Notwithstanding sections 514
and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520)
or any other provision of law, the Bureau of Customs and Border
Protection shall, not later than 90 days after the date of the enactment of this Act—
(1) reliquidate the entries listed in subsection (b) without
assessment of antidumping duties or interest; and
(2) refund any antidumping duties and interest which were
previously paid on such entries.
(b) AFFECTED ENTRIES.—The entries referred to in subsection
(a) are the following:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Entry number

Date of entry

Port

110–3447557–3
110–3447591–2
110–3447595–3
110–1201638–1
110–1201639–9
110–1201640–7
110–3447613–4
110–1201697–7
110–1201695–1
110–1201696–9
110–1201756–1
110–1201757–9
110–1201758–7
110–1740905–2
110–1740943–3
110–1201845–2
110–1201813–0
110–1201814–8
110–1201815–5
110–1201875–9
110–1201868–4
110–1201858–5
110–3447959–1
110–3447958–3
110–3759536–9
110–3759561–7
110–3759542–7
110–3759540–1
110–3447977–3
110–3759539–3
110–3448045–8
110–3448046–6
110–3448110–0
110–3759670–6
110–3759673–0
110–3759669–8
110–3759667–2

03/18/00
03/19/00
03/19/00
03/21/00
03/21/00
03/21/00
03/21/00
03/23/00
03/23/00
03/23/00
03/27/00
03/27/00
03/27/00
03/30/00
03/30/00
03/31/00
04/03/00
04/03/00
04/03/00
04/04/00
04/04/00
04/04/00
04/11/00
04/11/00
04/12/00
04/12/00
04/12/00
04/12/00
04/12/00
04/12/00
04/14/00
04/14/00
04/20/00
04/25/00
04/25/00
04/25/00
04/25/00

Los Angeles
Los Angeles
Los Angeles
Detroit
Detroit
Detroit
Los Angeles
Detroit
Detroit
Detroit
Detroit
Detroit
Detroit
Los Angeles
Los Angeles
Detroit
Detroit
Detroit
Detroit
Detroit
Detroit
Detroit
Los Angeles
Los Angeles
Detroit
Detroit
Detroit
Detroit
Los Angeles
Detroit
Los Angeles
Los Angeles
Los Angeles
Detroit
Detroit
Detroit
Detroit

Sfmt 6581

E:\PUBLAW\PUBL280.109

Jkt 049139

PO 00280

Frm 00383

Fmt 6580

APPS06

PsN: PUBL280

120 STAT. 1162

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PUBLIC LAW 109–280—AUG. 17, 2006

PO 00280

Entry number

Date of entry

Port

110–3759671–4
110–3759668–0
110–3448241–3
110–3448247–0
110–3448276–9
110–3448274–4
110–3448282–7
101–4081779–1
101–4088945–1
101–4089954–3
101–4088960–0
101–4092192–4
101–4089312–3
101–4089942–7
101–4089893–2
101–4092221–1
101–4089697–7
101–4092215–3
101–4086053–6
101–4122700–8
101–4122707–3
101–4122712–3
101–4127147–7
101–4132485–4
101–4129989–0
101–4130345–2
101–4129976–7
101–4149476–4
101–4149483–0
101–4149493–9
101–4148595–2
101–4153301–7
101–4154523–5
101–4153389–2
101–4157161–1
101–4153333–0
101–4155542–4
101–4166291–5
101–4167325–0
101–4167363–1
101–4164567–0
101–4168049–5
101–4172904–5
101–4175579–2
101–4183996–8
101–4183234–4
101–4183251–8
101–4183253–4
101–4183257–5
101–4183264–1
101–4183264–1
101–4184811–8
101–4184819–1
101–4189001–1
101–4185526–1
101–4185535–2
101–4186580–7
101–4189830–3
101–4189774–3
101–4191183–3
101–4191188–2
101–4191193–2
101–4194796–9
101–4194801–7
101–4196383–4
101–4196389–1
101–4199308–8

04/25/00
04/25/00
04/27/00
04/27/00
04/28/00
04/28/00
05/04/00
05/07/00
05/23/00
05/23/00
05/23/00
05/25/00
05/26/00
05/26/00
05/26/00
05/26/00
05/26/00
05/26/00
05/26/00
07/27/00
07/27/00
07/27/00
08/03/00
08/09/00
08/11/00
08/17/00
08/23/00
09/06/00
09/06/00
09/06/00
09/08/00
09/18/00
09/14/00
09/18/00
09/20/00
09/21/00
09/26/00
10/07/00
10/09/00
10/12/00
10/13/00
10/14/00
10/21/00
10/30/00
11/07/00
11/09/00
11/09/00
11/09/00
11/09/00
11/09/00
11/09/00
11/13/00
11/13/00
11/14/00
11/16/00
11/16/00
11/20/00
11/20/00
11/21/00
11/24/00
11/24/00
11/24/00
11/29/00
11/29/00
12/01/00
12/01/00
12/13/00

Detroit
Detroit
Los Angeles
Los Angeles
Memphis
Memphis
Memphis
Memphis
Memphis
Memphis
Memphis
Memphis
Detroit
Detroit
Detroit
Memphis
Los Angeles
Memphis
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Norfolk
Detroit
Detroit
Detroit
Los Angeles
Los Angeles
Los Angeles
Detroit
Detroit
Los Angeles
Detroit
Norfolk
Detroit
Detroit
Los Angeles
Detroit
Detroit
Norfolk
Los Angeles
Los Angeles
Los Angeles
Detroit
Detroit
Detroit
Detroit
Detroit
Detroit
Detroit
Los Angeles
Los Angeles
Tampa
Detroit
Detroit
Detroit
Detroit
Detroit
Los Angeles
Los Angeles
Los Angeles
Detroit
Detroit
Los Angeles
Los Angeles
Detroit

Frm 00384

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1163

SEC. 1623. CERTAIN ENTRIES OF ROLLER CHAIN.

Deadline.

(a) LIQUIDATION OR RELIQUIDATION OF ENTRIES.—Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C.
1514 and 1520) or any other provision of law, the Bureau of Customs
and Border Protection shall, not later than 90 days after the date
of enactment of this Act, liquidate or reliquidate the entries listed
in subsection (b) without assessment of interest and shall refund
any interest which was previously paid.
(b) AFFECTED ENTRIES.—The entries referred to in subsections
(a) and (b) are the following:
Entry number

Date of entry

Port

858442975
868558147
868565499
858440922
868565499
868558147
858442975
858440922
847648353
858268324
858264302
858265107
847658150
847412877
837078386
837077691
837077701
826735834
826736309
821020081
821020052
821026768
827119569
837075114
826727088
837124777
847405240
837127606
837125132
847406100
847404034
837128090
837126762
837125569
837078991
837129222
847406414
847408014
868569204
868730813

08/21/85
01/28/86
03/14/86
07/31/85
03/14/86
01/28/86
08/21/85
07/31/85
06/18/84
01/04/85
11/08/84
11/19/84
07/18/84
05/09/84
03/21/83
02/07/83
02/07/83
01/13/82
01/18/82
02/12/82
02/17/82
04/13/82
06/18/82
10/06/82
10/14/81
05/19/83
11/28/83
08/18/83
06/08/83
12/22/83
11/02/83
09/07/83
08/05/83
06/22/83
04/12/83
10/03/83
12/29/83
01/31/84
07/03/86
08/14/86

Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
Chicago

SEC. 1624. CERTAIN ENTRIES OF SOUNDSPA CLOCK RADIOS.

Deadline.

(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, the
Bureau of Customs and Border Protection shall, not later than
90 days after the date of the enactment of this Act—
(1) reliquidate each entry described in subsection (c) containing any merchandise which, on the date of original liquidation, was classified under subheading 8527.19.50 of the Harmonized Tariff Schedule of the United States; and
(2) make such reliquidation at the rate of duty that would
have been applicable to such merchandise if the merchandise

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00385

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1164

PUBLIC LAW 109–280—AUG. 17, 2006

had been liquidated under subheading 8527.19.10 of such
Schedule on the date of entry of the merchandise.
(b) REFUND OF AMOUNTS OWED.—Any amounts owed by the
United States under subsection (a) shall be refunded with interest.
(c) AFFECTED ENTRIES.—The entries referred to in subsection
(a) are as follows:
Entry number
110–1199345–7
110–1199542–9
110–1199558–5
110–1201694–4
110–3759754–8
110–3759785–2
101–4082299–9
101–4088073–2
101–4089053–3
101–4120875–0
101–4133671–8
101–4138302–5
101–4145092–3
101–4148477–3
101–4153108–6
101–4159322–7
101–4158601–5
101–4163243–9
101–4164448–3
101–4168318–4
101–4172197–6
101–4172489–7
101–4193123–7
101–4264820–2
101–4271724–7
101–4277850–4
101–4287672–0
101–4301588–0
101–4306238–7
101–4306235–3
101–6011727–0
101–6012796–4
101–6015492–7
101–6021099–2
101–6026903–0
101–6024120–3
101–6028079–7
101–6027052–5
101–6036728–9
101–6048069–4
101–6079830–1
101–6082949–4
101–6115954–5
101–6119379–1
101–6127048–2
101–6150035–9
101–6148556–9
101–6172630–1
101–6172406–6
101–6186497–9
101–4208407–7
101–6035939–3

CHAPTER 2—MISCELLANEOUS PROVISIONS
SEC. 1631. VESSEL REPAIR DUTIES.

(a) EXEMPTION.—Section 466(h) of the Tariff Act of 1930 (19
U.S.C. 1466(h)) is amended by striking paragraph (4) and inserting
the following:

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00386

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1165

‘‘(4) the cost of equipment, repair parts, and materials
that are installed on a vessel documented under the laws
of the United States and engaged in the foreign or coasting
trade, if the installation is done by members of the regular
crew of such vessel while the vessel is on the high seas, in
foreign waters, or in a foreign port, and does not involve foreign
shipyard repairs by foreign labor.’’.
(b) AMENDMENT TO HTS.—The U.S. Notes to subchapter XVIII
of chapter 98 of the Harmonized Tariff Schedule of the United
States are amended by amending U.S. Note 2 to read as follows:
‘‘2. Notwithstanding the provisions of subheadings 9818.00.03
through 9818.00.07, no duty shall apply to the cost of equipment,
repair parts, and materials that are installed in a vessel documented
under the laws of the United States and engaged in the foreign
or coasting trade, if the installation is done by members of the
regular crew of such vessel while the vessel is on the high seas,
in foreign waters, or in a foreign port and does not involve foreign
shipyard repairs by foreign labor. Declaration and entry shall not
be required with respect to such installation, equipment, parts,
and materials.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
apply to vessel equipment, repair parts, and materials installed
on or after April 25, 2001.

19 USC 1466
note.

SEC. 1632. SUSPENSION OF NEW SHIPPER REVIEW PROVISION.

(a) SUSPENSION OF THE AVAILABILITY OF BONDS TO NEW SHIPPERS.—Clause (iii) of section 751(a)(2)(B) of the Tariff Act of 1930
(19 U.S.C. 1675(a)(2)(B)(iii)) shall not be effective during the period
beginning on April 1, 2006, and ending on June 30, 2009.
(b) REPORT ON THE IMPACT OF THE SUSPENSION.—Not later
than December 31, 2008, the Secretary of the Treasury, in consultation with the Secretary of Commerce, the United States Trade
Representative, and the Secretary of Homeland Security, shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report containing—
(1) recommendations on whether the suspension of section
751(a)(2)(B)(iii) of the Tariff Act of 1930 should be extended
beyond the date provided in subsection (a); and
(2) an assessment of the effectiveness of any administrative
measure that was implemented to address the difficulties that
necessitated the suspension under subsection (a), including—
(A) any problem in the collection of antidumping duties
on imports from new shippers; and
(B) any burden imposed on legitimate trade and commerce by the suspension of bonds to new shippers.
(c) REPORT ON COLLECTION PROBLEMS AND ANALYSIS OF PROPOSED SOLUTIONS.—
(1) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Homeland Security and the
Secretary of Commerce, shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee
on Finance of the Senate a report describing—
(A) any major problem experienced in the collection
of duties during the 4 most recent fiscal years for which

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00387

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

19 USC 1675
note.

Deadline.

Deadline.

APPS06

PsN: PUBL280

120 STAT. 1166

PUBLIC LAW 109–280—AUG. 17, 2006
data are available, including any fraudulent activity
intended to avoid payment of duties; and
(B) an estimate of the total amount of duties that
were uncollected during the most recent fiscal year for
which data are available, including, with respect to each
product, a description of why the duties were uncollected.
(2) RECOMMENDATIONS.—The report shall include—
(A) recommendations on any additional action needed
to address problems related to the collection of duties;
and
(B) for each recommendation—
(i) an analysis of how the recommendation would
address the specific problem; and
(ii) an assessment of the impact that implementing
the recommendation would have on international trade
and commerce (including any additional costs imposed
on United States businesses).

SEC. 1633. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON
WOOL PRODUCTS; WOOL RESEARCH FUND; WOOL DUTY
REFUNDS.
Effective dates.

Deadline.

Grants.
Extension.
Grants.

Trust fund.
Extension.
7 USC 7101 note.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

(a) EXTENSION OF TEMPORARY DUTY REDUCTIONS.—Each of the
following headings of the Harmonized Tariff Schedule of the United
States is amended by striking the date in the effective period
column and inserting ‘‘12/31/2009’’:
(1) Heading 9902.51.11 (relating to fabrics of worsted wool).
(2) Heading 9902.51.13 (relating to yarn of combed wool).
(3) Heading 9902.51.14 (relating to wool fiber, waste,
garnetted stock, combed wool, or wool top).
(4) Heading 9902.51.15 (relating to fabrics of combed wool).
(5) Heading 9902.51.16 (relating to fabrics of combed wool).
(b) EXTENSION OF DUTY REFUNDS AND WOOL RESEARCH TRUST
FUND.—
(1) IN GENERAL.—Section 4002(c) of the Wool Suit and
Textile Trade Extension Act of 2004 (Public Law 108–429;
118 Stat. 2603 (7 U.S.C. 7101 note)) is amended—
(A) in paragraph (3)—
(i) by striking ‘‘2 additional payments’’ and
inserting ‘‘annual additional payments’’; and
(ii) by adding at the end the following:
‘‘(C) Each subsequent annual payment to be made after
January 1 of each subsequent year, but on or before April
15 of such year through calendar year 2010.’’; and
(B) in paragraph (6)—
(i) in subparagraph (A), by striking ‘‘through 2007’’
and inserting ‘‘through 2009’’; and
(ii) by adding at the end the following:
‘‘(C) ELIGIBLE MANUFACTURERS.—Only manufacturers
who weave worsted wool fabric in the United States shall
be eligible for a grant under this paragraph.’’.
(2) SUNSET.—Section 506(f) of the Trade and Development
Act of 2000 (Public 106–200; 114 Stat. 303), as amended by
section 4002(c)(5) of the Wool Suit and Textile Trade Extension
Act of 2004 (Public 108–429; 118 Stat. 2603), is amended by
striking ‘‘2008’’ and inserting ‘‘2010’’.

Jkt 049139

PO 00280

Frm 00388

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1167

SEC. 1634. AUTHORITIES RELATING TO DR–CAFTA AGREEMENT.

(a) AUTHORITY TO IMPLEMENT CERTAIN AMENDMENTS TO DR–
CAFTA AGREEMENT WITH NICARAGUA, EL SALVADOR, HONDURAS,
AND GUATEMALA.—
(1) PROCLAMATION AUTHORITY.—The President is authorized to proclaim modifications to the Harmonized Tariff
Schedule of the United States as necessary to carry out amendments proposed by the United States and the CAFTA–DR countries to the Agreement, the terms of which are contained in
the letters of understanding described in paragraph (2).
(2) LETTERS OF UNDERSTANDING.—The letters of understanding referred to in paragraph (1) are the following:
(A) The letter of March 24, 2006, from Nicaraguan
Vice Minister of Trade Julio Teran to United States Special
Textile Negotiator Scott Quesenberry.
(B) The letter of March 27, 2006, from United States
Special Textile Negotiator Scott Quesenberry to Nicaraguan
Vice Minister of Trade Julio Teran.
(C) The letter of January 27, 2006, from El Salvadoran
Vice Minister of Economy Eduardo Ayala to United States
Special Textile Negotiator Scott Quesenberry.
(D) The letter of January 27, 2006, from United States
Special Textile Negotiator Scott Quesenberry to El Salvadoran Vice Minister of Economy Eduardo Ayala.
(E) The letter of March 7, 2006, from Honduran Vice
Minister of Foreign Trade Jorge Rosa to United States
Special Textile Negotiator Scott Quesenberry.
(F) The letter of March 7, 2006, from United States
Special Textile Negotiator Scott Quesenberry to Honduran
Vice Minister of Foreign Trade Jorge Rosa.
(G) The letter of June 23, 2006, from Guatemalan
Minister of Economy Marcio Cuevas Quezada to United
States Special Textile Negotiator Scott Quesenberry.
(H) The letter of June 23, 2006, from United States
Special Textile Negotiator Scott Quesenberry to Guatemalan Minister of Economy Marcio Cuevas Quezada.
(3) SUNSET.—The authority of the President to proclaim
modifications pursuant to paragraph (1) expires on December
31, 2007.
(b) AUTHORITY TO IMPLEMENT CERTAIN AMENDMENTS TO DR–
CAFTA AGREEMENT WITH COSTA RICA AND THE DOMINICAN
REPUBLIC.—
(1) PROCLAMATION AUTHORITY.—The President is authorized to proclaim modifications to the Harmonized Tariff
Schedule of the United States as necessary to carry out amendments proposed by the United States, Costa Rica, and the
Dominican Republic to the Agreement, the terms of which
are contained in the letters of understanding described in paragraph (2).
(2) LETTERS OF UNDERSTANDING.—
(A) IN GENERAL.—The letters of understanding referred
to in paragraph (1) are letters of understanding exchanged
between the countries described in paragraph (1) relating
to the rules of origin for articles containing pocket bag
fabric described in subparagraph (B).
(B) POCKET BAG FABRIC DESCRIBED.—For purposes of
subparagraph (A), the term ‘‘pocket bag fabric’’ means

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00389

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Name listing.

APPS06

PsN: PUBL280

120 STAT. 1168

PUBLIC LAW 109–280—AUG. 17, 2006

pocket bag fabric used in an apparel article classifiable
under chapter 61 or 62 of the Harmonized Tariff Schedule
of the United States that contains a pocket or pockets.
(3) CONSULTATION AND LAYOVER REQUIREMENTS.—Any
modification proclaimed by the President pursuant to paragraph (1) shall be subject to the consultation and layover provisions of section 104 of the Dominican Republic–Central
America–United States Free Trade Agreement Implementation
Act (Public Law 109–53; 19 U.S.C. 4014).
(4) CONGRESSIONAL DISAPPROVAL.—
(A) IN GENERAL.—Any modification proclaimed by the
President pursuant to paragraph (1) shall not be effective
if a joint resolution described in subparagraph (B) is
enacted into law.
(B) JOINT RESOLUTION DESCRIBED.—For purposes of
subparagraph (A), the term ‘‘joint resolution’’ means a joint
resolution of Congress, the sole matter after the resolving
clause of which is as follows: ‘‘That the Congress disapproves the modification proclaimed by the President contained in the report submitted to the Committee on Finance
of the Senate and the Committee on Ways and Means
of the House of Representatives pursuant to section 104(2)
of the Dominican Republic—Central America—United
States Free Trade Agreement Implementation Act (Public
Law 109–53; 19 U.S.C. 4014(2)) on llllllllll.’’,
with the blank space being filled with the appropriate
date.
(5) SUNSET.—The authority of the President to proclaim
modifications pursuant to paragraph (1) expires on December
31, 2007.
(c) AUTHORITY RELATING TO NICARAGUAN TARIFF PREFERENCE
LEVEL UNDER DR–CAFTA AGREEMENT.—
(1) CERTIFICATE OF ELIGIBILITY.—The Commissioner of Customs may require an importer to submit at the time the
importer files a claim for preferential tariff treatment under
Annex 3.28 of the Agreement a certificate of eligibility, properly
completed and signed, or transmitted pursuant to an authorized
electronic data interchange system, by an authorized official
of the Government of Nicaragua for purposes of implementing
the tariff preference level for Nicaragua provided in Annex
3.28 of the Agreement.
(2) ENFORCEMENT OF COMMITMENTS.—The President is
authorized to proclaim a reduction in the overall limit in the
tariff preference level for Nicaragua provided in Annex 3.28
of the Agreement if the President determines that Nicaragua
has failed to comply with a commitment under an agreement
between the United States and Nicaragua with regard to the
administration of such tariff preference level.
(3) EFFECTIVE DATE.—Paragraph (1) applies with respect
to entries made on or after April 1, 2006.
(d) TECHNICAL CORRECTION RELATING TO CO-PRODUCTION OF
CERTAIN TEXTILE AND APPAREL GOODS.—Section 205(a)(2) of the
Dominican Republic–Central America–United States Free Trade
Agreement Implementation Act (19 U.S.C. 4034(a)(2)) is amended
by inserting after ‘‘with respect to that country’’ the following:
‘‘or any other CAFTA–DR country’’.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00390

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1169

(e) REPORTING REQUIREMENTS ON CERTAIN NEGOTIATIONS AND
AMENDMENTS TO DR–CAFTA AGREEMENT.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, and at least quarterly thereafter,
the United States Trade Representative shall submit to the
appropriate congressional committees a report on the status
of negotiations and amendments proposed by the United States,
Nicaragua, El Salvador, Honduras, Guatemala, Costa Rica, and
the Dominican Republic to the Agreement regarding any change
to the rule of origin or alteration of the tariff treatment of
socks described in paragraph (2) or any technical correction
described in paragraph (3). In addition, the United States Trade
Representative shall provide to the appropriate congressional
committees copies of any amendments to be proposed by the
United States before the amendments are offered and copies
of any amendments received by the United States relating
to such negotiations.
(2) SOCKS DESCRIBED.—For purposes of paragraph (1), the
term ‘‘socks’’ means articles classifiable under subheading
6111.20.6050,
6111.30.5050,
6111.90.5050,
6115.91.00,
6115.92.60, 6115.92.90, 6115.93.60, 6115.93.90, 6115.99.14, or
6115.99.18 of the Harmonized Tariff Schedule of the United
States.
(3) TECHNICAL CORRECTIONS DESCRIBED.—Technical corrections referred to in paragraph (1) are the following:
(A) Clarification of references to ‘‘elastomeric yarns’’
contained in the notes, subheading notes, additional U.S.
notes, and statistical notes to chapters 50 to 63 (section
XI) of the Harmonized Tariff Schedule of the United States.
(B) Clarification of the ability to apply short supply
provisions to sewing thread, narrow elastics, and visible
linings.
(C) Treatment of women’s and girls’ woven sleep bottoms under Annex 4.1 of the Agreement.
(D) Addition of a rule of origin for women’s and girls’
woven sleep bottoms to reflect the rule of origin provided
for in subheading 6207.11.00 of the Harmonized Tariff
Schedule of the United States and contained in Annex
4.1 of the Agreement.
(E) Provision of women’s and girls’ sleep bottoms under
Annex 4.1–A of the Agreement.
(4) DEFINITION.—In this subsection, the term ‘‘appropriate
congressional committees’’ means the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate.
(5) SUNSET.—The requirements of paragraph (1) expire on
the date on which any change is made to the rule of origin
pursuant to article 3.25 of the Agreement for any good described
in paragraph (2), or December 31, 2007, whichever occurs later.
(f) DEFINITIONS.—In this section:
(1) AGREEMENT.—The term ‘‘Agreement’’ has the meaning
given the term in section 3(1) of the Dominican Republic–
Central America–United States Free Trade Agreement
Implementation Act (Public Law 109–53; 19 U.S.C. 4002(1)).
(2) CAFTA–DR COUNTRY.—The term ‘‘CAFTA–DR country’’
has the meaning given the term in section 3(2) of the Dominican

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00391

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

Deadline.

APPS06

PsN: PUBL280

120 STAT. 1170

PUBLIC LAW 109–280—AUG. 17, 2006
Republic–Central America–United States Free Trade Agreement Implementation Act (Public Law 109–53; 19 U.S.C.
4002(2)).

SEC. 1635. TECHNICAL AMENDMENTS TO CUSTOMS MODERNIZATION.

Regulations.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

(a) ENTRY OF MERCHANDISE.—Section 484(a) of the Tariff Act
of 1930 (19 U.S.C. 1484(a)) is amended—
(1) in paragraph (1), by amending subparagraph (A) to
read as follows:
‘‘(A) make entry therefor by filing with the Bureau
of Customs and Border Protection such documentation or,
pursuant to an authorized electronic data interchange
system, such information as is necessary to enable the
Bureau of Customs and Border Protection to determine
whether the merchandise may be released from custody
of the Bureau of Customs and Border Protection;’’; and
(2) in paragraph (2)(A), in the second sentence, by inserting
after ‘‘covering’’ the following: ‘‘merchandise released under a
special delivery permit pursuant to section 448(b) and’’.
(b) REFUNDS AND ERRORS.—Section 520(a) of the Tariff Act
of 1930 (19 U.S.C. 1520(a)) is amended—
(1) in paragraph (1), by striking the semicolon at the end
and inserting a period;
(2) in paragraph (2), by striking ‘‘; and’’ at the end and
inserting a period; and
(3) in paragraph (4)—
(A) by inserting ‘‘an importer of record declares or’’
before ‘‘it is ascertained’’; and
(B) by striking ‘‘by reason of clerical error’’.
(c) ENTRY FROM WAREHOUSE.—Section 557(a) of the Tariff Act
of 1930 (19 U.S.C. 1557(a)) is amended—
(1) in paragraph (1)—
(A) in the second sentence, by inserting after ‘‘the
date of importation’’ the following: ‘‘, or such longer period
of time as the Bureau of Customs and Border Protection
may at its discretion permit upon proper request being
filed and good cause shown’’; and
(B) in subparagraph (A), by inserting after ‘‘the date
of importation’’ the following: ‘‘or such longer period of
time as the Bureau of Customs and Border Protection
may at its discretion permit upon proper request being
filed and good cause shown’’; and
(2) in paragraph (2), by inserting after ‘‘the date of importation’’ the following: ‘‘, or such longer period of time as the
Bureau of Customs and Border Protection may at its discretion
permit upon proper request being filed and good cause shown,’’.
(d) ABANDONED GOODS.—Section 559 of the Tariff Act of 1930
(19 U.S.C. 1559) is amended by inserting after ‘‘the date of importation’’ each place it appears the following: ‘‘, or such longer period
of time as the Bureau of Customs and Border Protection may
at its discretion permit upon proper request being filed and good
cause shown’’.
(e) MANIPULATION IN WAREHOUSE.—Section 562 of the Tariff
Act of 1930 (19 U.S.C. 1562) is amended—
(1) by amending the first sentence to read as follows: ‘‘Merchandise shall only be withdrawn from a bonded warehouse

Jkt 049139

PO 00280

Frm 00392

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1171

in such quantity and in such condition as the Secretary of
the Treasury shall by regulation prescribe.’’; and
(2) in the second sentence, by striking ‘‘All merchandise
so withdrawn’’ and all that follows through ‘‘except that upon
permission therefor’’ and inserting ‘‘Upon permission’’.
(f) OTHER TECHNICAL AMENDMENTS.—(1) Section 629(e) of the
Tariff Act of 1930 (19 U.S.C. 1629(e)) is amended by striking
‘‘insuring’’ and inserting ‘‘ensuring’’.
(2) Section 135(f)(2)(B) of the Trade Act of 1974, as amended
by section 2004(i)(1) of the Miscellaneous Trade and Technical
Corrections Act of 2004, is amended by striking ‘‘their establishment’’ and insert ‘‘its establishment’’.
(3) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a))
is amended by striking ‘‘, other than subchapter D’’.
(4) Section 291(2) of the Trade Act of 1974 (19 U.S.C. 2401(2))
is amended—
(A) by striking ‘‘1001(5)’’ and inserting ‘‘1001(e)’’; and
(B) by striking ‘‘1308(5)’’ and inserting ‘‘1308(e)’’.
(5) Section 13031(e)(6)(C)(i) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(6)(C)(i)) is
amended by striking ‘‘commonly know’’ and inserting ‘‘commonly
known’’.
(6) Section 2107(a)(4) of the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3807(a)(4)) is amended—
(A) by striking ‘‘paragraph (2)(A)’’ and inserting ‘‘paragraphs (2)(A)’’; and
(B) by striking ‘‘paragraph (2)(B)’’ and inserting ‘‘paragraphs (2)(B)’’.
(7) Section 514(c)(3) of the Tariff Act of 1930 (19 U.S.C.
1514(c)(3)) is amended by moving the last 2 sentences 2 ems to
the left as flush left text.

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00393

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280

120 STAT. 1172

PUBLIC LAW 109–280—AUG. 17, 2006

Subtitle C—Effective Date
19 USC 58c note.

SEC. 1641. EFFECTIVE DATE.

Except as otherwise provided in this title, the amendments
made by this title shall apply with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the 15th
day after the date of the enactment of this Act.
Approved August 17, 2006.

LEGISLATIVE HISTORY—H.R. 4:
CONGRESSIONAL RECORD, Vol. 152 (2006):
July 28, considered and passed House.
Aug. 3, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Aug. 17, Presidential remarks.

Æ

VerDate 14-DEC-2004

14:14 Sep 08, 2006

Jkt 049139

PO 00280

Frm 00394

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL280.109

APPS06

PsN: PUBL280