26 U.S.C. § 414
For purposes of this part-
For purposes of sections 401, 408(k), 408(p), 410, 411, 415, and 416, all employees of all corporations which are members of a controlled group of corporations (within the meaning of section 1563(a), determined without regard to section 1563(a)(4) and (e)(3)(C)) shall be treated as employed by a single employer. With respect to a plan adopted by more than one such corporation, the applicable limitations provided by section 404(a) shall be determined as if all such employers were a single employer, and allocated to each employer in accordance with regulations prescribed by the Secretary.
For purposes of applying the attribution rules under section 1563 with respect to paragraph (1), the following rules apply:
If application of paragraph (2) causes 2 or more entities to be a controlled group or to no longer be in a controlled group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies.
Except as provided in paragraph (2), for purposes of sections 401, 408(k), 408(p), 410, 411, 415, and 416, under regulations prescribed by the Secretary, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a single employer. The regulations prescribed under this subsection shall be based on principles similar to the principles which apply in the case of subsection (b).
Except as provided in subparagraphs (B) and (C), for purposes of this subsection and subsection (m), an organization that is otherwise eligible to participate in a church plan shall not be aggregated with another such organization and treated as a single employer with such other organization for a plan year beginning in a taxable year unless-
Notwithstanding subparagraph (A), for purposes of this subsection and subsection (m), an organization that is a nonqualified church-controlled organization shall be aggregated with 1 or more other nonqualified church-controlled organizations, or with an organization that is not exempt from tax under section 501, and treated as a single employer with such other organization, if at least 80 percent of the directors or trustees of such other organization are either representatives of, or directly or indirectly controlled by, such nonqualified church-controlled organization. For purposes of this subparagraph, the term "nonqualified church-controlled organization" means a church-controlled tax-exempt organization described in section 501(c)(3) that is not a qualified church-controlled organization (as defined in section 3121(w)(3)(B)).
The church or convention or association of churches with which an organization described in subparagraph (A) is associated (within the meaning of subsection (e)(3)(D)), or an organization designated by such church or convention or association of churches, may elect to treat such organizations as a single employer for a plan year. Such election, once made, shall apply to all succeeding plan years unless revoked with notice provided to the Secretary in such manner as the Secretary shall prescribe.
For purposes of subparagraph (A), in the case of a church plan, an employer may elect to treat churches (as defined in section 403(b)(12)(B)) separately from entities that are not churches (as so defined), without regard to whether such entities maintain separate church plans. Such election, once made, shall apply to all succeeding plan years unless revoked with notice provided to the Secretary in such manner as the Secretary shall prescribe.
For purposes of this part, the term "governmental plan" means a plan established and maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing. The term "governmental plan" also includes any plan to which the Railroad Retirement Act of 1935 or 1937 applies and which is financed by contributions required under that Act and any plan of an international organization which is exempt from taxation by reason of the International Organizations Immunities Act (59 Stat. 669). 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).
For purposes of this part, the term "church plan" means a plan established and maintained (to the extent required in paragraph (2)(B)) for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501.
The term "church plan" does not include a plan-
For purposes of this subsection-
A plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches includes a plan maintained by an organization, whether a civil law corporation or otherwise, the principal purpose or function of which is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits, or both, for the employees of a church or a convention or association of churches, if such organization is controlled by or associated with a church or a convention or association of churches.
The term employee of a church or a convention or association of churches shall include-
A church or a convention or association of churches which is exempt from tax under section 501 shall be deemed the employer of any individual included as an employee under subparagraph (B).
An organization, whether a civil law corporation or otherwise, is associated with a church or a convention or association of churches if it shares common religious bonds and convictions with that church or convention or association of churches.
If an employee who is included in a church plan separates from the service of a church or a convention or association of churches or an organization described in clause (ii) of paragraph (3)(B), the church plan shall not fail to meet the requirements of this subsection merely because the plan-
If a plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501 fails to meet one or more of the requirements of this subsection and corrects its failure to meet such requirements within the correction period, the plan shall be deemed to meet the requirements of this subsection for the year in which the correction was made and for all prior years.
If a correction is not made within the correction period, the plan shall be deemed not to meet the requirements of this subsection beginning with the date on which the earliest failure to meet one or more of such requirements occurred.
The term "correction period" means-
whichever has the latest ending date.
For purposes of this part-
A duly ordained, commissioned, or licensed minister of a church is described in paragraph (3)(B) if, in connection with the exercise of their ministry, the minister-
For purposes of sections 403(b)(1)(A) and 404(a)(10), a minister described in clause (i)(I) shall be treated as employed by the minister's own employer which is an organization described in section 501(c)(3) and exempt from tax under section 501(a).
In the case of a minister described in subparagraph (A)(i)(I)-
If a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry participates in a church plan (within the meaning of this section) and in the exercise of such ministry is employed by an employer not otherwise participating in such church plan, then such employer may exclude such minister from being treated as an employee of such employer for purposes of applying sections 401(a)(3), 401(a)(4), and 401(a)(5), as in effect on September 1, 1974, and sections 401(a)(4), 401(a)(5), 401(a)(26), 401(k)(3), 401(m), 403(b)(1)(D) (including section 403(b)(12)), and 410 to any stock bonus, pension, profit-sharing, or annuity plan (including an annuity described in section 403(b) or a retirement income account described in section 403(b)(9)). The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purpose of, and prevent the abuse of, this subparagraph.
If any compensation is taken into account in determining the amount of any contributions made to, or benefits to be provided under, any church plan, such compensation shall not also be taken into account in determining the amount of any contributions made to, or benefits to be provided under, any other stock bonus, pension, profit-sharing, or annuity plan which is not a church plan.
In the case of a contribution to a church plan made on behalf of a minister described in subparagraph (A)(i)(II), such contribution shall not be included in the gross income of the minister to the extent that such contribution would not be so included if the minister was an employee of a church.
For purposes of this part, the term "multiemployer plan" means a plan-
For purposes of this subsection, all trades or businesses (whether or not incorporated) which are under common control within the meaning of subsection (c) are considered a single employer.
Notwithstanding paragraph (1), a plan is a multiemployer plan on and after its termination date under title IV of the Employee Retirement Income Security Act of 1974 if the plan was a multiemployer plan under this subsection for the plan year preceding its termination date.
For any plan year which began before the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, the term "multiemployer plan" means a plan described in this subsection as in effect immediately before that date.
Within one year after the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, a multiemployer plan may irrevocably elect, pursuant to procedures established by the Pension Benefit Guaranty Corporation and subject to the provisions of section 4403(b) and (c) of the Employee Retirement Income Security Act of 1974, that the plan shall not be treated as a multiemployer plan for any purpose under such Act or this title, if for each of the last 3 plan years ending prior to the effective date of the Multiemployer Pension Plan Amendments Act of 1980-
For purposes of this part, the term "plan administrator" means-
Effective with respect to taxable years beginning after December 31, 1973, for purposes of this title, any amount contributed-
For purposes of paragraph (1), in the case of any plan established by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing, or a governmental plan described in the last sentence of section 414(d) (relating to plans of Indian tribal governments), where the contributions of employing units are designated as employee contributions but where any employing unit picks up the contributions, the contributions so picked up shall be treated as employer contributions.
For purposes of this part, the term "defined contribution plan" means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to such participant's account.
For purposes of this part, the term "defined benefit plan" means any plan which is not a defined contribution plan.
A defined benefit plan which provides a benefit derived from employer contributions which is based partly on the balance of the separate account of a participant shall-
A trust which forms a part of a plan shall not constitute a qualified trust under section 401 and a plan shall be treated as not described in section 403(a) unless in the case of any merger or consolidation of the plan with, or in the case of any transfer of assets or liabilities of such plan to, any other trust plan after September 2, 1974, each participant in the plan would (if the plan then terminated) receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation, or transfer (if the plan had then terminated). The preceding sentence does not apply to any multiemployer plan with respect to any transaction to the extent that participants either before or after the transaction are covered under a multiemployer plan to which Title IV of the Employee Retirement Income Security Act of 1974 applies.
In the case of a plan spin-off of a defined benefit plan, a trust which forms part of-
shall not constitute a qualified trust under this section unless the applicable percentage of excess assets are allocated to each of such plans.
For purposes of subparagraph (A), the term "applicable percentage" means, with respect to each of the plans described in clauses (i) and (ii) of subparagraph (A), the percentage determined by dividing-
For purposes of subparagraph (A), the term "excess assets" means an amount equal to the excess (if any) of-
A plan involved in a spin-off which is described in clause (ii), (iii), or (iv) shall not be taken into account for purposes of this paragraph, except that the amount determined under subparagraph (C)(ii) shall be increased by the amount of assets allocated to such plan.
A plan is described in this clause if, after such spin-off, such plan is maintained by an employer who is not a member of the same controlled group as the employer maintaining the original plan.
A plan as described in this clause if, after the spin-off, any employer maintaining such plan (and any member of the same controlled group as such employer) does not maintain any other plan remaining after the spin-off which is also maintained by another employer (or member of the same controlled group as such other employer) which maintained the plan in existence before the spin-off.
A plan is described in this clause if, pursuant to the transaction involving the spin-off, the plan is terminated.
For purposes of this subparagraph, the term "controlled group" means any group treated as a single employer under subsection (b), (c), (m), or (o).
This paragraph does not apply to any multiemployer plan with respect to any spin-off to the extent that participants either before or after the spin-off are covered under a multiemployer plan to which title IV of the Employee Retirement Income Security Act of 1974 applies.
Except as provided by the Secretary, rules similar to the rules of this paragraph shall apply to transactions similar to spin-offs.
For purposes of this paragraph, in the case of a bridge depository institution established under section 11(i) of the Federal Deposit Insurance Act (12 U.S.C. 1821(i))-
For purposes of the employee benefit requirements listed in paragraph (4), except to the extent otherwise provided in regulations, all employees of the members of an affiliated service group shall be treated as employed by a single employer.
For purposes of this subsection, the term "affiliated service group" means a group consisting of a service organization (hereinafter in this paragraph referred to as the "first organization") and one or more of the following:
For purposes of this subsection, the term "service organization" means an organization the principal business of which is the performance of services.
For purposes of this subsection, the employee benefit requirements listed in this paragraph are-
For purposes of this subsection, the term "affiliated service group" also includes a group consisting of-
For purposes of this paragraph, the term "related organizations" has the same meaning as the term "related persons" when used in section 144(a)(3).
For purposes of this subsection-
The term "organization" means a corporation, partnership, or other organization.
In determining ownership, the principles of section 318(a) shall apply, except that community property laws shall be disregarded for purposes of determining ownership.
For purposes of applying the attribution rules under section 318 with respect to clause (i), the following rules apply:
If the application of clause (ii) causes two or more entities to be an affiliated service group, or to no longer be in an affiliated service group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies.
For purposes of the requirements listed in paragraph (3), with respect to any person (hereinafter in this subsection referred to as the "recipient") for whom a leased employee performs services-
For purposes of paragraph (1), the term "leased employee" means any person who is not an employee of the recipient and who provides services to the recipient if-
For purposes of this subsection, the requirements listed in this paragraph are-
In the case of any leased employee, paragraph (1) shall apply only for purposes of determining whether the requirements listed in paragraph (3) are met for periods after the close of the period referred to in paragraph (2)(B).
In the case of a person who is an employee of the recipient (whether by reason of this subsection or otherwise), for purposes of the requirements listed in paragraph (3), years of service for the recipient shall be determined by taking into account any period for which such employee would have been a leased employee but for the requirements of paragraph (2)(B).
In the case of requirements described in subparagraphs (A) and (B) of paragraph (3), this subsection shall not apply to any leased employee with respect to services performed for a recipient if-
A plan meets the requirements of this subparagraph if-
Clause (iii) shall not apply to any individual whose compensation from the leasing organization in each plan year during the 4-year period ending with the plan year is less than $1,000.
For purposes of this paragraph-
The term "highly compensated employee" has the meaning given such term by section 414(q).
The term "nonhighly compensated work force" means the aggregate number of individuals (other than highly compensated employees)-
The term "compensation" has the same meaning as when used in section 415; except that such term shall include-
For purposes of this subsection-
The term "related persons" has the same meaning as when used in section 144(a)(3).
The rules of subsections (b), (c), (m), and (o) shall apply.
The Secretary shall prescribe such regulations (which may provide rules in addition to the rules contained in subsections (m) and (n)) as may be necessary to prevent the avoidance of any employee benefit requirement listed in subsection (m)(4) or (n)(3) or any requirement under section 457 through the use of-
The regulations prescribed under subsection (n) shall include provisions to minimize the recordkeeping requirements of subsection (n) in the case of an employer which has no top-heavy plans (within the meaning of section 416(g)) and which uses the services of persons (other than employees) for an insignificant percentage of the employer's total workload.
For purposes of this subsection and section 401(a)(13)-
The term "qualified domestic relations order" means a domestic relations order-
The term "domestic relations order" means any judgment, decree, or order (including approval of a property settlement agreement) which-
For purposes of clause (ii), the term "Tribal" with respect to a domestic relations law means such a law which is issued by or under the laws of an Indian tribal government, a subdivision of such an Indian tribal government, or an agency or instrumentality of either.
A domestic relations order meets the requirements of this paragraph only if such order clearly specifies-
A domestic relations order meets the requirements of this paragraph only if such order-
A domestic relations order shall not be treated as failing to meet the requirements of subparagraph (A) of paragraph (3) solely because such order requires that payment of benefits be made to an alternate payee-
For purposes of clause (ii), the interest rate assumption used in determining the present value shall be the interest rate specified in the plan or, if no rate is specified, 5 percent.
For purposes of this paragraph, the term "earliest retirement age" means the earlier of-
To the extent provided in any qualified domestic relations order-
In the case of any domestic relations order received by a plan-
Each plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders.
During any period in which the issue of whether a domestic relations order is a qualified domestic relations order is being determined (by the plan administrator, by a court of competent jurisdiction, or otherwise), the plan administrator shall separately account for the amounts (hereinafter in this paragraph referred to as the "segregated amounts") which would have been payable to the alternate payee during such period if the order had been determined to be a qualified domestic relations order.
If within the 18-month period described in subparagraph (E) the order (or modification thereof) is determined to be a qualified domestic relations order, the plan administrator shall pay the segregated amounts (including any interest thereon) to the person or persons entitled thereto.
If within the 18-month period described in subparagraph (E)-
then the plan administrator shall pay the segregated amounts (including any interest thereon) to the person or persons who would have been entitled to such amounts if there had been no order.
Any determination that an order is a qualified domestic relations order which is made after the close of the 18-month period described in subparagraph (E) shall be applied prospectively only.
For purposes of this paragraph, the 18-month period described in this subparagraph is the 18-month period beginning with the date on which the first payment would be required to be made under the domestic relations order.
The term "alternate payee" means any spouse, former spouse, child or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such participant.
This subsection shall not apply to any plan to which section 401(a)(13) does not apply. For purposes of this title, except as provided in regulations, any distribution from an annuity contract under section 403(b) pursuant to a qualified domestic relations order shall be treated in the same manner as a distribution from a plan to which section 401(a)(13) applies.
With respect to the requirements of subsections (a) and (k) of section 401, section 403(b), section 409(d), and section 457(d), a plan shall not be treated as failing to meet such requirements solely by reason of payments to an alternative payee pursuant to a qualified domestic relations order.
For purposes of this title, a distribution or payment from a governmental plan (as defined in subsection (d)) or a church plan (as described in subsection (e)) or an eligible deferred compensation plan (within the meaning of section 457(b)) shall be treated as made pursuant to a qualified domestic relations order if it is made pursuant to a domestic relations order which meets the requirement of clause (i) of paragraph (1)(A).
If a distribution or payment from an eligible deferred compensation plan described in section 457(b) is made pursuant to a qualified domestic relations order, rules similar to the rules of section 402(e)(1)(A) shall apply to such distribution or payment.
In prescribing regulations under this subsection and section 401(a)(13), the Secretary of Labor shall consult with the Secretary.
The term "highly compensated employee" means any employee who-
The Secretary shall adjust the $80,000 amount under subparagraph (B) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter ending September 30, 1996.
An employee shall be treated as a 5-percent owner for any year if at any time during such year such employee was a 5-percent owner (as defined in section 416(i)(1)) of the employer.
An employee is in the top-paid group of employees for any year if such employee is in the group consisting of the top 20 percent of the employees when ranked on the basis of compensation paid during such year.
For purposes of this subsection, the term "compensation" has the meaning given such term by section 415(c)(3).
For purposes of subsection (r) and for purposes of determining the number of employees in the top-paid group, the following employees shall be excluded-
Except as provided by the Secretary, the employer may elect to apply subparagraph (A), (B), (C), or (D) by substituting a shorter period of service, smaller number of hours or months, or lower age for the period of service, number of hours or months, or age (as the case may be) than that specified in such subparagraph.
A former employee shall be treated as a highly compensated employee if-
Subsections (b), (c), (m), (n), and (o) shall be applied before the application of this subsection.
For purposes of this subsection and subsection (r), employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2)) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3)) shall not be treated as employees.
In the case of a church plan (as defined in subsection (e)), no employee shall be considered an officer, a person whose principal duties consist of supervising the work of other employees, or a highly compensated employee for any year unless such employee is a highly compensated employee under paragraph (1) for such year.
For purposes of sections 129(d)(8) and 410(b), an employer shall be treated as operating separate lines of business during any year if the employer for bona fide business reasons operates separate lines of business.
A line of business shall not be treated as separate under paragraph (1) unless-
The requirements of subparagraph (C) of paragraph (2) shall not apply to any line of business if the highly compensated employee percentage with respect to such line of business is-
the percentage which highly compensated employees are of all employees of the employer. An employer shall be treated as meeting the requirements of clause (i) if at least 10 percent of all highly compensated employees of the employer perform services solely for such line of business.
The requirements of subparagraph (A) shall be treated as met with respect to any line of business if such requirements were met with respect to such line of business for the preceding year and if-
For purposes of this subsection, the term "highly compensated employee percentage" means the percentage which highly compensated employees performing services for the line of business are of all employees performing services for the line of business.
For purposes of this subsection, benefits which are attributable to services provided to a line of business shall be treated as provided by such line of business.
The Secretary shall prescribe rules providing for-
For purposes of this subsection, the term "separate line of business" includes an operating unit in a separate geographic area separately operated for a bona fide business reason.
This subsection shall not apply in the case of any affiliated service group (within the meaning of section 414(m)).
For purposes of any applicable provision-
Except as provided in this subsection, the term "compensation" has the meaning given such term by section 415(c)(3).
An employer may elect not to include as compensation any amount which is contributed by the employer pursuant to a salary reduction agreement and which is not includible in the gross income of an employee under section 125, 132(f)(4), 402(e)(3), 402(h), or 403(b).
The Secretary shall by regulation provide for alternative methods of determining compensation which may be used by an employer, except that such regulations shall provide that an employer may not use an alternative method if the use of such method discriminates in favor of highly compensated employees (within the meaning of subsection (q)).
For purposes of this subsection, the term "applicable provision" means any provision which specifically refers to this subsection.
All employees who are treated as employed by a single employer under subsection (b), (c), or (m) shall be treated as employed by a single employer for purposes of an applicable section. The provisions of subsection (o) shall apply with respect to the requirements of an applicable section.
For purposes of this subsection, the term "applicable section" means section 79, 106, 117(d), 125, 127, 129, 132, 137, 274(j), 505, or 4980B.
If any contribution is made by an employer or an employee under an individual account plan with respect to an employee, or by an employee to a defined benefit plan that provides for employee contributions, and such contribution is required by reason of such employee's rights under chapter 43 of title 38, United States Code, resulting from qualified military service, then-
For purposes of the preceding sentence, any elective deferral or employee contribution made under paragraph (2) shall be treated as required by reason of the employee's rights under such chapter 43.
For purposes of this subchapter and section 457, if an employee is entitled to the benefits of chapter 43 of title 38, United States Code, with respect to any plan which provides for elective deferrals, the employer sponsoring the plan shall be treated as meeting the requirements of such chapter 43 with respect to such elective deferrals only if such employer-
The amount determined under this subparagraph with respect to any plan is the maximum amount of the elective deferrals that the individual would have been permitted to make under the plan in accordance with the limitations referred to in paragraph (1)(A) during the period of qualified military service if the individual had continued to be employed by the employer during such period and received compensation as determined under paragraph (7). Proper adjustment shall be made to the amount determined under the preceding sentence for any elective deferrals actually made during the period of such qualified military service.
For purposes of this paragraph, the term "elective deferral" has the meaning given such term by section 402(g)(3); except that such term shall include any deferral of compensation under an eligible deferred compensation plan (as defined in section 457(b)).
References in subparagraphs (A) and (B) to elective deferrals shall be treated as including references to employee contributions.
For purposes of this subchapter and subchapter E, no provision of chapter 43 of title 38, United States Code, shall be construed as requiring-
If any plan suspends the obligation to repay any loan made to an employee from such plan for any part of any period during which such employee is performing service in the uniformed services (as defined in chapter 43 of title 38, United States Code), whether or not qualified military service, such suspension shall not be taken into account for purposes of section 72(p), 401(a), or 4975(d)(1).
For purposes of this subsection, the term "qualified military service" means any service in the uniformed services (as defined in chapter 43 of title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service.
For purposes of this subsection, the term "individual account plan" means any defined contribution plan (including any tax-sheltered annuity plan under section 403(b), any simplified employee pension under section 408(k), any qualified salary reduction arrangement under section 408(p), and any eligible deferred compensation plan (as defined in section 457(b))).
For purposes of sections 403(b)(3), 415(c)(3), and 457(e)(5), an employee who is in qualified military service shall be treated as receiving compensation from the employer during such period of qualified military service equal to-
For purposes of this subchapter and section 457, an employer sponsoring a retirement plan shall be treated as meeting the requirements of chapter 43 of title 38, United States Code, only if each of the following requirements is met:
For benefit accrual purposes, an employer sponsoring a retirement plan may treat an individual who dies or becomes disabled (as defined under the terms of the plan) while performing qualified military service with respect to the employer maintaining the plan as if the individual has resumed employment in accordance with the individual's reemployment rights under chapter 43 of title 38, United States Code, on the day preceding death or disability (as the case may be) and terminated employment on the actual date of death or disability. In the case of any such treatment, and subject to subparagraphs (B) and (C), any full or partial compliance by such plan with respect to the benefit accrual requirements of paragraph (8) with respect to such individual shall be treated for purposes of paragraph (1) as if such compliance were required under such chapter 43.
Subparagraph (A) shall apply only if all individuals performing qualified military service with respect to the employer maintaining the plan (as determined under subsections (b), (c), (m), and (o)) who die or became disabled as a result of performing qualified military service prior to reemployment by the employer are credited with service and benefits on reasonably equivalent terms.
The amount of employee contributions and the amount of elective deferrals of an individual treated as reemployed under subparagraph (A) for purposes of applying paragraph (8)(C) shall be determined on the basis of the individual's average actual employee contributions or elective deferrals for the lesser of-
This subsection shall not apply to any retirement plan to which chapter 43 of title 38, United States Code, does not apply.
For purposes of this section, any reference to chapter 43 of title 38, United States Code, shall be treated as a reference to such chapter as in effect on December 12, 1994 (without regard to any subsequent amendment).
Except as provided in this paragraph, for purposes of applying this title to a retirement plan to which this subsection applies-
Notwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii),2 an individual shall be treated as having been severed from employment during any period the individual is performing service in the uniformed services described in section 3401(h)(2)(A).
If an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution.
Subparagraph (A)(iii) shall apply only if all employees of an employer (as determined under subsections (b), (c), (m), and (o)) performing service in the uniformed services described in section 3401(h)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the employer, to make contributions based on the payments on reasonably equivalent terms. For purposes of applying this subparagraph, the provisions of paragraphs (3), (4), and (5) of section 410(b) shall apply.
For purposes of this paragraph, the term "differential wage payment" has the meaning given such term by section 3401(h)(2).
An applicable employer plan shall not be treated as failing to meet any requirement of this title solely because the plan permits an eligible participant to make additional elective deferrals in any plan year.
A plan shall not permit additional elective deferrals under paragraph (1) for any year in an amount greater than the lesser of-
For purposes of this paragraph-
the applicable dollar amount is an amount equal to 110 percent of the dollar amount in effect under clause (ii) for calendar year 2024.
In the case of a year beginning after December 31, 2006, the Secretary shall adjust annually the $5,000 amount in subparagraph (B)(i) and the $2,500 amount in subparagraph (B)(ii) for increases in the cost-of-living at the same time and in the same manner as adjustments under section 415(d); except that the base period taken into account shall be the calendar quarter beginning July 1, 2005, and any increase under this subparagraph which is not a multiple of $500 shall be rounded to the next lower multiple of $500.
In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the dollar amount described in subparagraph (B)(iii) in the manner provided under clause (i) of this subparagraph, except that the base period taken into account shall be the calendar quarter beginning July 1, 2023.
For purposes of this paragraph, plans described in clauses (i), (ii), and (iv) of paragraph (6)(A) that are maintained by the same employer (as determined under subsection (b), (c), (m) or (o)) shall be treated as a single plan, and plans described in clause (iii) of paragraph (6)(A) that are maintained by the same employer shall be treated as a single plan.
In the case of any contribution to a plan under paragraph (1)-
An applicable employer plan shall be treated as failing to meet the nondiscrimination requirements under section 401(a)(4) with respect to benefits, rights, and features unless the plan allows all eligible participants to make the same election with respect to the additional elective deferrals under this subsection.
For purposes of subparagraph (A), all plans maintained by employers who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 plan, except that a plan described in clause (i) of section 410(b)(6)(C) shall not be treated as a plan of the employer until the expiration of the transition period with respect to such plan (as determined under clause (ii) of such section).
For purposes of this subsection, the term "eligible participant" means a participant in a plan-
For purposes of this subsection-
The term "applicable employer plan" means-
The term "elective deferral" has the meaning given such term by subsection (u)(2)(C).
This subsection shall not apply to a participant for any year for which a higher limitation applies to the participant under section 457(b)(3).
Except as provided in subparagraph (C), in the case of an eligible participant whose wages (as defined in section 3121(a)) for the preceding calendar year from the employer sponsoring the plan exceed $145,000, paragraph (1) shall apply only if any additional elective deferrals are designated Roth contributions (as defined in section 402A(c)(1)) made pursuant to an employee election.
In the case of an applicable employer plan with respect to which subparagraph (A) applies to any participant for a plan year, paragraph (1) shall not apply to the plan unless the plan provides that any eligible participant may make the participant's additional elective deferrals as designated Roth contributions.
Subparagraph (A) shall not apply in the case of an applicable employer plan described in paragraph (6)(A)(iv).
The Secretary may provide by regulations that an eligible participant may elect to change the participant's election to make additional elective deferrals if the participant's compensation is determined to exceed the limitation under subparagraph (A) after the election is made.
In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the $145,000 amount in subparagraph (A) for increases in the cost-of-living at the same time and in the same manner as adjustments under 415(d); except that the base period taken into account shall be the calendar quarter beginning July 1, 2023, and any increase under this subparagraph which is not a multiple of $5,000 shall be rounded to the next lower multiple of $5,000.
If an eligible automatic contribution arrangement allows an employee to elect to make permissible withdrawals-
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.
For purposes of this subsection-
The term "permissible withdrawal" means any withdrawal from an eligible automatic contribution arrangement meeting the requirements of this paragraph which-
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.
Subparagraph (A) shall not apply to any election by an employee unless the amount of any distribution by reason of the election 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).
For purposes of this subsection, the term "eligible automatic contribution arrangement" means an arrangement under an applicable employer plan-
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-
A notice shall not be treated as meeting the requirements of subparagraph (A) with respect to an employee unless-
For purposes of this subsection, the term "applicable employer plan" means-
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) or for purposes of applying the limitation under section 402(g)(1).
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 is part of an eligible combined plan in the same manner as if each such plan were not a part of the eligible combined plan. In the case of a termination of the defined benefit plan and the applicable defined contribution plan forming part of an eligible combined plan, the plan administrator shall terminate each such plan separately.
For purposes of this subsection-
The term "eligible combined plan" means a plan-
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.
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.
For purposes of clause (i), the applicable percentage is the lesser of-
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 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. |
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.
The contribution requirements of this subparagraph with respect to any applicable defined contribution plan forming part of an eligible combined plan are met if-
Rules similar to the rules of clauses (ii) and (iii) of section 401(k)(12)(B) shall apply for purposes of this clause.
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.
The vesting requirements of this subparagraph are met if-
For purposes of this subparagraph, the rules of section 411 shall apply to the extent not inconsistent with this subparagraph.
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.
The requirements of this subparagraph are met if the requirements of clauses (ii) and (iii) are met.
The requirements of this clause are met if-
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.
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.
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).
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.
For purposes of this subsection-
A qualified cash or deferred arrangement shall be treated as an automatic contribution arrangement if the arrangement-
The requirements of this subparagraph are met if the requirements of clauses (ii) and (iii) are met.
The requirements of this clause are met if each employee to whom subparagraph (A)(i) applies-
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.
Section 414(k) shall not apply to an eligible combined plan.
An eligible combined plan shall be treated as a single plan for purposes of sections 6058 and 6059.
For purposes of this subsection-
The term "applicable defined contribution plan" means a defined contribution plan which includes a qualified cash or deferred arrangement.
The term "qualified cash or deferred arrangement" has the meaning given such term by section 401(k)(2).
For purposes of this title, except as provided in this subsection, a CSEC plan is a defined benefit plan (other than a multiemployer plan)-
All employers that are treated as a single employer under subsection (b) or (c) shall be treated as a single employer for purposes of determining if a plan was maintained by more than one employer under subparagraphs (B) and (C) of paragraph (1).
If a plan falls within the definition of a CSEC plan under this subsection (without regard to this paragraph), such plan shall be a CSEC plan unless the plan sponsor elects not later than the close of the first plan year of the plan beginning after December 31, 2013, not to be treated as a CSEC plan. An election under the preceding sentence shall take effect for such plan year and, once made, may be revoked only with the consent of the Secretary.
If a plan described in subparagraph (A) is treated as a CSEC plan, section 104 of the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, shall cease to apply to such plan as of the first date as of which such plan is treated as a CSEC plan.
Under rules prescribed by the Secretary, except as provided in paragraph (2), no amount shall be includible in gross income by reason of-
Paragraph (1) shall not apply to a transfer or merger unless the participant's or beneficiary's total accrued benefit immediately after the transfer or merger is equal to or greater than the participant's or beneficiary's total accrued benefit immediately before the transfer or merger, and such total accrued benefit is nonforfeitable after the transfer or merger.
A plan or annuity contract shall not fail to be considered to be described in section 401(a) or 403(b) merely because such plan or annuity contract engages in a transfer or merger described in this subsection.
For purposes of this subsection-
The term "church or convention or association of churches" includes an organization described in subparagraph (A) or (B)(ii) of subsection (e)(3).
The term "annuity contract" includes a custodial account described in section 403(b)(7) and a retirement income account described in section 403(b)(9).
The term "accrued benefit" means-
A plan shall not fail to be treated as described in clause (i), (ii), (iii), or (iv) of section 219(g)(5)(A) (and shall not fail to be treated as satisfying the requirements of section 401(a) or 403) merely because-
Paragraph (1) shall not fail to apply to a plan merely because, after discovering a benefit overpayment, such plan-
Nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to meet the minimum funding standards under sections 412 and 430 or to prevent or restore an impermissible forfeiture in accordance with section 411.
Notwithstanding paragraph (1), a plan to which paragraph (1) applies shall observe any limitations imposed on it by section 401(a)(17) or 415. The plan may enforce such limitations using any method approved by the Secretary for recouping benefits previously paid or allocations previously made in excess of such limitations.
The Secretary may issue regulations or other guidance of general applicability specifying how benefit overpayments and their recoupment or non-recoupment from a participant or beneficiary shall be taken into account for purposes of satisfying any requirement applicable to a plan to which paragraph (1) applies.
Notwithstanding any other provision of this title, with respect to any defined contribution plan, no disclosure, notice, or other plan document (other than the notices and documents described in subparagraphs (A) and (B)) shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant is furnished-
For purposes of this subsection, the term "unenrolled participant" means an employee who-
For purposes of this subsection, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.
For purposes of this subsection, the term "annual reminder notice" means the notice described in section 111(c) of the Employee Retirement Income Security Act of 1974.
Any plan or arrangement shall not fail to be treated as a plan described in sections 401(a), 403(b), 408, or 457(b), as applicable, solely by reason of a corrected error.
For purposes of this subsection, the term "corrected error" means a reasonable administrative error-
Such correction may occur before or after the participant has terminated employment and may occur without regard to whether the error is identified by the Secretary.
If the requirements of paragraph (2)(B) are satisfied, the employer will not be required to provide eligible employees with the missed amount of elective deferrals resulting from a reasonable administrative error described in paragraph (2)(A)(i) or (ii) through a qualified nonelective contribution, or otherwise.
The Secretary shall by regulations or other guidance of general applicability prescribe-
1 So in original. Probably should be "title".
2 See References in Text note below.
26 U.S.C. § 414
Inflation Adjusted Items for Certain YearsFor inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table under section 401 of this title.
Amendment of Subsection (v)(2) Pub. L. 117-328, div. T, title I, §109, Dec. 29, 2022, 136 Stat. 5290, provided that, applicable to taxable years beginning after Dec. 31, 2024, subsection (v)(2) of this section is amended as follows:(1) in subparagraph (B)-(A) in clause (i), by inserting the following before the period: "(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)"; and(B) in clause (ii), by inserting the following before the period: "(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)";(2) in subparagraph (C), by adding at the end the following: "In the case of a year beginning after December 31, 2025, the Secretary shall adjust annually the adjusted dollar amounts applicable under clauses (i) and (ii) of subparagraph (E) for increases in the cost-of-living at the same time and in the same manner as adjustments under the preceding sentence; except that the base period taken into account shall be the calendar quarter beginning July 1, 2024."; and(3) by adding at the end the following new subparagraph:
(E) Adjusted dollar amountFor purposes of subparagraph (B), the adjusted dollar amount is- (i) in the case of clause (i) of subparagraph (B), the greater of-(I) $10,000, or(II) an amount equal to 150 percent of the dollar amount which would be in effect under such clause for 2024 for eligible participants not described in the parenthetical in such clause, or(ii) in the case of clause (ii) of subparagraph (B), the greater of-(I) $5,000, or(II) an amount equal to equal to 150 percent of the dollar amount which would be in effect under such clause for 2025 for eligible participants not described in the parenthetical in such clause.See 2022 Amendment notes below.
EDITORIAL NOTES
REFERENCES IN TEXTThe Railroad Retirement Act of 1935 or 1937, referred to in subsec. (d), means act Aug. 29, 1935, ch. 812, 49 Stat. 867, known as the Railroad Retirement Act of 1935. The Railroad Retirement Act of 1935 was amended generally by act June 24, 1937, ch. 382, part I, 50 Stat. 307, and was known as the Railroad Retirement Act of 1937. The Railroad Retirement Act of 1937 was amended generally and redesignated the Railroad Retirement Act of 1974 by Pub. L. 93-444, title I, Oct. 16, 1974, 88 Stat. 1305 and is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For complete classification of this Act to the Code, see Tables.The International Organizations Immunities Act (59 Stat. 669), referred to in subsec. (d), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, which is classified principally to subchapter XVIII (§288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. The Act also amended several other laws including the Internal Revenue Code of 1939. For exemption from taxation of income of international organizations and of the compensation of employees thereof, see sections 892 and 893 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables.The Employee Retirement Income Security Act of 1974, referred to in subsecs. (f)(3), (5), (6)(B), (F), (l)(1), (2)(E), and (bb)(2)(B), (3), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, which is classified principally to chapter 18 (§1001 et seq.) of Title 29, Labor. Title IV of the Act is classified principally to subchapter III (§1301 et seq.) of chapter 18 of Title 29. Sections 3(37)(A)(iii), 104(b), and 111(c) of the Act are classified to sections 1002(37)(A)(iii), 1024(b), and 1031(c), respectively, of Title 29. Section 4403(b) and (c) of the Employee Retirement Income Security Act of 1974 probably means section 4303(b) and (c) of such Act which is classified to section 1453(b) and (c) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.The date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, referred to in subsec. (f)(4), (5), means the date of the enactment of Pub. L. 96-364, which was approved Sept. 26, 1980.Effective date of the Multiemployer Pension Plan Amendments Act of 1980, referred to in subsec. (f)(5), probably means the date of enactment of the Multiemployer Pension Plan Amendments Act of 1980, which was approved Sept. 26, 1980. The Pension Protection Act of 2006, referred to in subsecs. (f)(6)(A) and (y)(1)(A), (3)(B), is Pub. L. 109-280, Aug. 17, 2006, 120 Stat. 780. Section 104 of the Act is set out as a note under section 401 of this title. For complete classification of this Act to the Code, see Short Title of 2006 Amendment note set out under section 1001 of Title 29, Labor, and Tables.Section 403(b)(7)(A)(ii), referred to in subsec. (u)(12)(B)(i), probably means section 403(b)(7)(A)(ii) of this title prior to amendment by Pub. L. 116-94, div. O, title I, §109(c)(2), Dec. 20, 2019, 133 Stat. 3151.The Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, referred to in subsec. (y)(1)(A)(ii), (3)(B), is Pub. L. 111-192, June 25, 2010, 124 Stat. 1280. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 1001 of Title 29, Labor, and Tables.
AMENDMENTS2022-Subsec. (b). Pub. L. 117-328, §315(a)(1), designated existing provisions as par. (1), inserted heading, and added par. (2).Subsec. (m)(6)(B). Pub. L. 117-328, §315(a)(2)(A), (B), designated existing provisions as cl. (i), inserted heading, and added cls. (ii) and (iii).Subsec. (m)(6)(B)(i). Pub. L. 117-328, §315(a)(2)(C), substituted "apply, except that community property laws shall be disregarded for purposes of determining ownership" for "apply".Subsec. (p)(1)(B). Pub. L. 117-328, §339(a)(2), inserted concluding provisions.Subsec. (p)(1)(B)(ii). Pub. L. 117-328, §339(a)(1), inserted "or Tribal" after "State". Subsec. (v)(2)(B)(i). Pub. L. 117-328, §109(a)(1), inserted before period at end "(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)".Subsec. (v)(2)(B)(ii). Pub. L. 117-328, §117(b)(1)(A), substituted "except as provided in clause (iii), the applicable" for "the applicable". Pub. L. 117-328, §109(a)(2), inserted before period at end "(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)".Subsec. (v)(2)(B)(iii). Pub. L. 117-328, §117(b)(1)(B), added cl. (iii). Subsec. (v)(2)(C). Pub. L. 117-328, §117(b)(2), designated existing provisions as cl. (i), inserted heading, and added cl. (ii). Pub. L. 117-328, §109(c), inserted at end "In the case of a year beginning after December 31, 2025, the Secretary shall adjust annually the adjusted dollar amounts applicable under clauses (i) and (ii) of subparagraph (E) for increases in the cost-of-living at the same time and in the same manner as adjustments under the preceding sentence; except that the base period taken into account shall be the calendar quarter beginning July 1, 2024." Subsec. (v)(2)(E). Pub. L. 117-328, §109(b), added subpar. (E).Subsec. (v)(7). Pub. L. 117-328, §603(a), added par. (7).Subsec. (aa). Pub. L. 117-328, §301(b)(1), added subsec. (aa).Subsec. (bb). Pub. L. 117-328, §320(b), added subsec. (bb).Subsec. (cc). Pub. L. 117-328, §350(a), added subsec. (cc). 2020-Subsec. (y)(1)(D). Pub. L. 116-136 added subpar. (D).2018-Subsec. (l)(2)(G). Pub. L. 115-141, §401(a) (87), substituted "depository institutions" for "banks" in heading.Subsec. (u)(6). Pub. L. 115-141, §401(a) (88), substituted "section 457(b)))" for "section 457(b))".Subsec. (x)(1). Pub. L. 115-141, §401(a) (89), substituted "is" for "are".Subsec. (y)(1)(C)(i). Pub. L. 115-141, §401(a) (90), struck out "of such Code" after "section 501(c)(3)".Subsec. (y)(2). Pub. L. 115-141, §401(a) (91), substituted "subparagraphs" for "subparagraph". 2015-Subsec. (c). Pub. L. 114-113, §336(a)(1), designated existing provisions as par. (1), inserted heading, substituted "Except as provided in paragraph (2), for purposes" for "For purposes", and added par. (2).Subsec. (z). Pub. L. 114-113, §336(d)(1), added subsec. (z).2014-Subsec. (n)(3)(C). Pub. L. 113-295, §221(a) (19)(B)(i), struck out "120," after "117(d),".Subsec. (t)(2). Pub. L. 113-295, §221(a) (19)(B)(ii), struck out "120," after "117(d),". Subsec. (v)(2)(B)(i), (ii). Pub. L. 113-295, §221(a) (55), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) listed applicable dollar amounts for taxable years 2002 to 2006 and thereafter for an applicable employer plan other than a plan described in section 401(k)(11) or 408(p) and an applicable employer plan described in section 401(k)(11) or 408(p), respectively.Subsec. (y). Pub. L. 113-97, §201, added subsec. (y).Subsec. (y)(1)(C). Pub. L. 113-235, §3(b)(1), added subpar. (C).Subsec. (y)(2). Pub. L. 113-235, §3(b)(2), substituted "subparagraph (B) and (C) of paragraph (1)" for "paragraph (1)(B)".Subsec. (y)(3). Pub. L. 113-97, §203(a), added par. (3).2008-Subsec. (l)(2)(B)(i)(I). Pub. L. 110-458, §101(d)(2)(E), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "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".Subsec. (l)(2)(G). Pub. L. 110-289, §1604(b)(4), which directed substitution of "bridge depository institution" for "bridge bank", was executed by making the substitution wherever appearing in text, to reflect the probable intent of Congress.Subsec. (u). Pub. L. 110-245, §105(b)(1)(B), inserted "and to differential wage payments to members on active duty" after "USERRA" in heading.Subsec. (u)(9) to (11). Pub. L. 110-245, §104(b), added par. (9) and redesignated former pars. (9) and (10) as (10) and (11), respectively.Subsec. (u)(12). Pub. L. 110-245, §105(b)(1)(A), added par. (12).Subsec. (w)(3)(B) to (D). Pub. L. 110-458, §109(b)(4), inserted "and" after comma at end of subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: "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".Subsec. (w)(5)(D), (E). Pub. L. 110-458, §109(b)(5), added subpars. (D) and (E).Subsec. (w)(6). Pub. L. 110-458, §109(b)(6), inserted "or for purposes of applying the limitation under section 402(g)(1)" before period at end. Subsec. (x)(1). Pub. L. 110-458, §109(c)(1), inserted at end "In the case of a termination of the defined benefit plan and the applicable defined contribution plan forming part of an eligible combined plan, the plan administrator shall terminate each such plan separately." 2007-Subsec. (f)(6)(A)(ii)(I). Pub. L. 110-28, §6611(a)(2)(A), substituted "for each of the 3 plan years immediately preceding the first plan year for which the election under this paragraph is effective with respect to the plan," for "for each of the 3 plan years immediately before the date of enactment of the Pension Protection Act of 2006,".Subsec. (f)(6)(B). Pub. L. 110-28, §6611(a)(2)(B), substituted "starting with any plan year beginning on or after January 1, 1999, and ending before January 1, 2008, as designated by the plan in the election made under subparagraph (A)(ii)" for "starting with the first plan year ending after the date of the enactment of the Pension Protection Act of 2006".Subsec. (f)(6)(E). Pub. L. 110-28, §6611(b)(2), substituted "if it is a plan sponsored by an organization which is described in section 501(c)(5) and exempt from tax under section 501(a) and which was established in Chicago, Illinois, on August 12, 1881." for "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) and exempt from tax under section 501(a)."Subsec. (f)(6)(F). Pub. L. 110-28, §6611(a)(2)(C), added subpar. (F). 2006-Subsec. (d). Pub. L. 109-280, §906(a)(1), inserted at end "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)."Subsec. (f)(6). Pub. L. 109-280, §1106(b), added par. (6). Subsec. (h)(2). Pub. L. 109-280, §906(b)(1)(C), inserted "or a governmental plan described in the last sentence of section 414(d) (relating to plans of Indian tribal governments)," after "foregoing,". Subsec. (l)(2)(B)(i)(I). Pub. L. 109-280, §114(c), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "the amount determined under section 412(c)(7)(A)(i) with respect to the plan, over".Subsec. (w). Pub. L. 109-280, §902(d)(1), added subsec. (w).Subsec. (x). Pub. L. 109-280, §903(a), added subsec. (x).2004-Subsec. (q)(7). Pub. L. 108-311 substituted "subsection" for "section". 2002-Subsec. (v)(2)(D). Pub. L. 107-147, §411(o)(3), added subpar. (D).Subsec. (v)(3)(A)(i). Pub. L. 107-147, §411(o)(4), substituted "sections 401(a)(30), 402(h), 403(b), 408, 415(c), and 457(b)(2) (determined without regard to section 457(b)(3))" for "section 402(g), 402(h), 403(b), 404(a), 404(h), 408(k), 408(p), 415, or 457". Subsec. (v)(3)(B). Pub. L. 107-147, §411(o)(5), substituted "section 401(a)(4), 401(k)(3), 401(k)(11), 403(b)(12), 408(k), 410(b), or 416" for "section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 403(b)(12), 408(k), 408(p), 408B, 410(b), or 416".Subsec. (v)(4)(B). Pub. L. 107-147, §411(o)(6), inserted before period at end ", except that a plan described in clause (i) of section 410(b)(6)(C) shall not be treated as a plan of the employer until the expiration of the transition period with respect to such plan (as determined under clause (ii) of such section)".Subsec. (v)(5). Pub. L. 107-147, §411(o)(7)(A), struck out ", with respect to any plan year," before "a participant" in introductory provisions.Subsec. (v)(5)(A). Pub. L. 107-147, §411(o)(7)(B), amended subpar. (A) generally. Prior to amendment, subpar (A) read as follows: "who has attained the age of 50 before the close of the plan year, and".Subsec. (v)(5)(B). Pub. L. 107-147, §411(o)(7)(C), substituted "plan (or other applicable) year" for "plan year".Subsec. (v)(6)(C). Pub. L. 107-147, §411(o)(8), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "This subsection shall not apply to an applicable employer plan described in subparagraph (A)(iii) for any year to which section 457(b)(3) applies."2001-Subsec. (p)(10). Pub. L. 107-16, §635(b), substituted "section 409(d), and section 457(d)" for "and section 409(d)".Subsec. (p)(11). Pub. L. 107-16, §635(a), in heading substituted "certain other plans" for "governmental and church plans" and in text inserted "or an eligible deferred compensation plan (within the meaning of section 457(b))" after "subsection (e))".Subsec. (p)(12), (13). Pub. L. 107-16, §635(c), added par. (12) and redesignated former par. (12) as (13). Subsec. (v). Pub. L. 107-16, §631(a), added subsec. (v).2000-Subsec. (s)(2). Pub. L. 106-554 substituted "section 125, 132(f)(4), 402(e)(3)" for "section 125, 402(e)(3)".1998-Subsec. (q)(5). Pub. L. 105-206 made technical amendment to Pub. L. 104-188, §1434(c)(1)(E) . See 1996 Amendment note below.1997-Subsec. (e)(5)(A). Pub. L. 105-34, §1601(d)(6)(A), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: "For purposes of this part-"(i) IN GENERAL.-An employee of a church or a convention or association of churches shall include a duly ordained, commissioned, or licensed minister of a church who, in connection with the exercise of his or her ministry-"(I) is a self-employed individual (within the meaning of section 401(c)(1)(B)), or "(II) is employed by an organization other than an organization described in section 501(c)(3)."(ii) TREATMENT AS EMPLOYER AND EMPLOYEE.-"(I) SELF-EMPLOYED.-A minister described in clause (i)(I) shall be treated as his or her own employer which is an organization described in section 501(c)(3) and which is exempt from tax under section 501(a)."(II) OTHERS.-A minister described in clause (i)(II) shall be treated as employed by an organization described in section 501(c)(3) and exempt from tax under section 501(a)."Subsec. (e)(5)(C). Pub. L. 105-34, §1522(a)(1), substituted "not otherwise participating" for "not eligible to participate".Subsec. (e)(5)(E). Pub. L. 105-34, §1522(a)(2), added subpar. (E). Subsec. (n)(3)(C). Pub. L. 105-34, §1601(h)(2)(D)(i), inserted "137," after "132,".Subsec. (q)(7), (9). Pub. L. 105-34, §1601(d)(7), redesignated par. (7), relating to certain employees not considered highly compensated and excluded employees under pre-ERISA rules for church plans, as (9).Subsec. (t)(2). Pub. L. 105-34, §1601(h)(2)(D) (ii), inserted "137," after "132,". 1996-Subsecs. (b), (c). Pub. L. 104-188, §1421(b)(9)(C), inserted "408(p)," after "408(k),". Subsec. (e)(5). Pub. L. 104-188, §1461(a), added par. (5).Subsec. (m)(4)(B). Pub. L. 104-188, §1421(b)(9)(C), inserted "408(p)," after "408(k),".Subsec. (n)(2)(C). Pub. L. 104-188, §1454(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "such services are of a type historically performed, in the business field of the recipient, by employees." Subsec. (n)(3)(B). Pub. L. 104-188, §1421(b)(9)(C), inserted "408(p)," after "408(k),".Subsec. (q)(1). Pub. L. 104-188, §1431(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "IN GENERAL.-The term 'highly compensated employee' means any employee who, during the year or the preceding year-"(A) was at any time a 5-percent owner,"(B) received compensation from the employer in excess of $75,000,"(C) received compensation from the employer in excess of $50,000 and was in the top-paid group of employees for such year, or"(D) was at any time an officer and received compensation greater than 50 percent of the amount in effect under section 415(b)(1)(A) for such year.The Secretary shall adjust the $75,000 and $50,000 amounts under this paragraph at the same time and in the same manner as under section 415(d)."Subsec. (q)(2), (3). Pub. L. 104-188, §1431(c)(1)(A), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "SPECIAL RULE FOR CURRENT YEAR.-In the case of the year for which the relevant determination is being made, an employee not described in subparagraph (B), (C), or (D) of paragraph (1) for the preceding year (without regard to this paragraph) shall not be treated as described in subparagraph (B), (C), or (D) of paragraph (1) unless such employee is a member of the group consisting of the 100 employees paid the greatest compensation during the year for which such determination is being made."Subsec. (q)(4). Pub. L. 104-188, §1434(b)(1), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: "For purposes of this subsection-"(A) IN GENERAL.-The term 'compensation' means compensation within the meaning of section 415(c)(3)."(B) CERTAIN PROVISIONS NOT TAKEN INTO ACCOUNT.-The determination under subparagraph (A) shall be made-"(i) without regard to sections 125, 402(e)(3), and 402(h)(1)(B), and"(ii) in the case of employer contributions made pursuant to a salary reduction agreement, without regard to section 403(b)." Pub. L. 104-188, §1431(c)(1)(A), redesignated par. (7) as (4).Subsec. (q)(5). Pub. L. 104-188, §1434(c)(1)(E), as amended by Pub. L. 105-206, §6018(c), struck out "under paragraph (4) or the number of officers taken into account under paragraph (5)" after "top-paid group" in introductory provisions. Pub. L. 104-188, §1431(c)(1)(A), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: "SPECIAL RULES FOR TREATMENT OF OFFICERS.-"(A) NOT MORE THAN 50 OFFICERS TAKEN INTO ACCOUNT.-For purposes of paragraph (1)(D), no more than 50 employees (or, if lesser, the greater of 3 employees or 10 percent of the employees) shall be treated as officers."(B) AT LEAST 1 OFFICER TAKEN INTO ACCOUNT.-If for any year no officer of the employer is described in paragraph (1)(D), the highest paid officer of the employer for such year shall be treated as described in such paragraph." Subsec. (q)(6). Pub. L. 104-188, §1431(b)(1), (c)(1)(A), redesignated par. (9) as (6) and struck out former par. (6) which related to treatment of families of 5-percent owners or of highly compensated employees.Subsec. (q)(7). Pub. L. 104-188, §1462(a), added par. (7) relating to certain employees not considered highly compensated and excluded employees under pre-ERISA rules for church plans. Pub. L. 104-188, §1431(c)(1)(A), redesignated par. (10), relating to coordination with other provisions, as (7). Former par. (7) redesignated (4).Subsec. (q)(8) to (12). Pub. L. 104-188, §1431(c)(1)(A), redesignated pars. (8) to (11) as (5) to (8), respectively, and struck out par. (12) which related to simplified method for determining highly compensated employees.Subsec. (r)(2)(A). Pub. L. 104-188, §1431(c)(1)(D), substituted "subsection (q)(5)" for "subsection (q)(8)".Subsec. (s)(2). Pub. L. 104-188, §1434(b)(2), inserted "not" after "elect" in heading and in text.Subsec. (u). Pub. L. 104-188, §1704(n)(1), added subsec. (u).1992-Subsec. (n)(5)(C)(iii)(I). Pub. L. 102-318, §521(b) (20), substituted "402(e)(3)" for "402(a)(8)".Subsec. (q)(7)(B)(i). Pub. L. 102-318, §521(b) (21), substituted "402(e)(3)" for "402(a)(8)". Subsec. (s)(2). Pub. L. 102-318, §521(b) (22), substituted "402(e)(3)" for "402(a)(8)".1990-Subsec. (n)(2)(B). Pub. L. 101-508 struck out "(6 months in the case of core health benefits)" after "1 year".1989-Subsec. (n)(3)(C). Pub. L. 101-239, §7813(b), amended directory language of Pub. L. 100-647, §3011(b)(4), see 1988 Amendment note below. Pub. L. 101-140, §203(a)(6)(A), struck out "89," after "79,".Subsec. (p)(10). Pub. L. 101-239, §7811(m)(5), inserted "section" before "403(b)".Subsec. (p)(11). Pub. L. 101-239, §7841(a)(2), added par. (11) and redesignated former par. (11) as (12).Subsec. (r)(1). Pub. L. 101-140, §204(b)(2), substituted "sections 129(d)(8) and 410(b)" for "section 410(b)". Pub. L. 101-140, §203(a)(6)(B), substituted "section 410(b)" for "sections 89 and 410(b)".Subsec. (t)(2). Pub. L. 101-239, §7813(b), amended directory language of Pub. L. 100-647, §3011(b)(5), see 1988 Amendment note below. Pub. L. 101-140, §203(a)(6)(C), struck out "89," after "79,". 1988-Subsec. (k)(2). Pub. L. 100-647, §1011A(b)(3), inserted "72(d) (relating to treatment of employee contributions as separate contract)," after "purposes of sections".Subsec. (l). Pub. L. 100-647, §2005(c)(1), (2), substituted "Merger" for "Mergers" in heading, designated existing provision as par. (1), inserted par. (1) heading, and added par. (2).Subsec. (l)(2)(G). Pub. L. 100-647, §6067(a), added subpar. (G).Subsec. (m)(4)(A). Pub. L. 100-647, §1011(h)(5), substituted "(16), (17), and (26)" for "and (16)".Subsec. (m)(4)(C), (D). Pub. L. 100-647, §1011B(a)(16), struck out subpars. (C) and (D) which read as follows:"(C) section 105(h), and"(D) section 125."Subsec. (n)(3)(A). Pub. L. 100-647, §1011(h)(5), substituted "(16), (17), and (26)" for "and (16)". Subsec. (n)(3)(C). Pub. L. 100-647, §3011(b)(4), as amended by Pub. L. 101-239, §7813(b), struck out "162(i)(2), 162(k)," after "132," and substituted "505, and 4980B" for "and 505".Pub. L. 100-647, §1011B(a)(19), inserted "162(i)(2), 162(k)," after "132,".Subsec. (o). Pub. L. 100-647, §1011(e)(4), inserted "or any requirement under section 457" after "or (n)(3)". Subsec. (p)(4)(B). Pub. L. 100-647, §1018(t)(8)(E), substituted "means the earlier of" for "means earlier of" and struck out "in" at beginning of cls. (i) and (ii).Subsec. (p)(9). Pub. L. 100-647, §1018(t)(8)(G), inserted at end "For purposes of this title, except as provided in regulations, any distribution from an annuity contract under section 403(b) pursuant to a qualified domestic relations order shall be treated in the same manner as a distribution from a plan to which section 401(a)(13) applies."Subsec. (p)(10). Pub. L. 100-647, §1018(t)(8)(F), inserted ", 403(b)," after "section 401". Subsec. (q)(1). Pub. L. 100-647, §1011(i)(1), inserted at end "The Secretary shall adjust the $75,000 and $50,000 amounts under this paragraph at the same time and in the same manner as under section 415(d)."Subsec. (q)(1)(D). Pub. L. 100-647, §1011(d)(8), substituted "50" for "150" and "415(b)(1)(A)" for "415(c)(1)(A)".Subsec. (q)(6)(C). Pub. L. 100-647, §1011(i)(2), added subpar. (C).Subsec. (q)(8). Pub. L. 100-647, §1011(i)(4)(A), inserted "or the number of officers taken into account under paragraph (5)" after "under paragraph (4)". Pub. L. 100-647, §1011(i)(3)(A)(ii), substituted "Except as provided by the Secretary, the employer" for "The employer" in last sentence.Subsec. (q)(8)(F). Pub. L. 100-647, §1011(i)(3)(A)(i), struck out subpar. (F) which read as follows: "employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2)) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3))."Subsec. (q)(11). Pub. L. 100-647, §1011(i)(3)(B), added par. (11).Subsec. (q)(12). Pub. L. 100-647, §3021(b)(1), added par. (12).Subsec. (r)(3). Pub. L. 100-647, §3021(b)(2)(A), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The requirements of subparagraph (C) of paragraph (2) shall not apply to any line of business if the highly compensated employee percentage with respect to such line of business is-"(A) not less than one-half, and"(B) not more than twice,the percentage which highly compensated employees are of all employees of the employer. An employer shall be treated as meeting the requirements of subparagraph (A) if at least 10 percent of all highly compensated employees of the employer perform services solely for such line of business."Subsec. (s). Pub. L. 100-647, §1011(j)(1), substituted "any applicable provision" for "this part" in introductory provisions.Subsec. (s)(1). Pub. L. 100-647, §1011(j)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The term 'compensation' means compensation for service performed for an employer which (taking into account the provisions of this chapter) is currently includible in gross income."Subsec. (s)(2) to (4). Pub. L. 100-647, §1011(j)(2), added par. (4), redesignated former pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "The Secretary shall prescribe regulations for the determination of the compensation of an employee who is a self-employed individual (within the meaning of section 401(c)(1)) which are based on the principles of paragraph (1)."Subsec. (t)(1). Pub. L. 100-647, §1011B(a)(20), struck out "of section 414" before "shall be treated" and "shall apply with".Subsec. (t)(2). Pub. L. 100-647, §3011(b)(5), as amended by Pub. L. 101-239, §7813(b), struck out "162(i)(2), 162(k)," after "132," and substituted "505, or 4980B" for "or 505".Pub. L. 100-647, §1011B(a)(17), inserted "162(i)(2), 162(k)," after "132,".1987-Subsec. (b). Pub. L. 100-203 struck out "the minimum funding standard of section 412, the tax imposed by section 4971, and" after "one such corporation,". 1986-Subsec. (k)(2). Pub. L. 99-514, §1117(c), inserted reference to section 401(m) (relating to nondiscrimination tests for matching requirements and employee contributions).Subsec. (m)(2)(B)(ii). Pub. L. 99-514, §1114(b)(11), substituted "highly compensated employees (within the meaning of section 414(q))" for "officers, highly compensated employees, or owners".Subsec. (m)(5). Pub. L. 99-514, §1301(j)(4), substituted "section 144(a)(3)" for "section 103(b)(6)(C)".Subsec. (m)(7). Pub. L. 99-514, §1852(f), amended directory language of Pub. L. 98-369, §526(d)(2), to correct an error, and did not involve any change in text. See 1984 Amendment note below.Subsec. (n)(1). Pub. L. 99-514, §1151(i)(1), substituted "requirements" for "pension requirements".Pub. L. 99-514, §1146(b)(2), struck out "except to the extent otherwise provided in regulations," after "listed in paragraph (3),". Subsec. (n)(2)(B). Pub. L. 99-514, §1151(i)(2), inserted "(6 months in the case of core health benefits)" after "1 year". Subsec. (n)(3). Pub. L. 99-514, §1151(i)(3), substituted "Requirements" for "Pension requirements" in heading, substituted "requirements" for "pension requirements" in text, and added subpar. (C).Subsec. (n)(4). Pub. L. 99-514, §1146(a)(2), substituted "Time when first considered as employee" for "Time when leased employee is first considered as employee" in heading and amended text generally. Prior to amendment, text read as follows: "In the case of any leased employee, paragraph (1) shall apply only for purposes of determining whether the pension requirements listed in paragraph (3) are met for periods after the close of the 1-year period referred to in paragraph (2); except that years of service for the recipient shall be determined by taking into account the entire period for which the leased employee performed services for the recipient (or related persons)."Subsec. (n)(5). Pub. L. 99-514, §1146(a)(1), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "This subsection shall not apply to any leased employee if such employee is covered by a plan which is maintained by the leasing organization if, with respect to such employee, such plan-"(A) is a money purchase pension plan with a nonintegrated employer contribution rate of at least 71/2 percent, and"(B) provides for immediate participation and for full and immediate vesting."Subsec. (n)(6). Pub. L. 99-514, §1301(j)(4), substituted "section 144(a)(3)" for "section 103(b)(6)(C)" in subpar. (A).Pub. L. 99-514, §1146(a)(3), substituted "Other rules" for "Related persons" in heading and amended text generally. Prior to amendment, text read as follows: "For purposes of this subsection, the term 'related persons' has the same meaning as when used in section 103(b)(6)(C)."Subsec. (o). Pub. L. 99-514, §1146(b)(1), inserted provision relating to regulations to minimize recordkeeping requirements in case of employer which has no top-heavy plans and uses the services of persons other than employees for an insignificant percentage of the employer's total workload. Subsec. (p)(1)(B)(i). Pub. L. 99-514, §1898(c)(7)(A)(ii), inserted "former spouse,".Subsec. (p)(3)(B). Pub. L. 99-514, §1899A(12), struck out the comma after "benefits". Subsec. (p)(4)(A). Pub. L. 99-514, §1898(c)(7)(A)(vi), substituted "A" for "In the case of any payment before a participant has separated from service, a" in introductory provisions and inserted "in the case of any payment before a participant has separated from service," in cl. (i).Subsec. (p)(4)(B). Pub. L. 99-514, §1898(c)(7)(A)(vii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "For purposes of this paragraph, the term 'earliest retirement age' has the meaning given such term by section 417(f)(3), except that in the case of any defined contribution plan, the earliest retirement age shall be the date which is 10 years before the normal retirement age (within the meaning of section 411(a)(8))."Subsec. (p)(5). Pub. L. 99-514, §1898(c)(7)(A)(v), struck out last sentence which read as follows: "A plan shall not be treated as failing to meet the requirements of subsection (a) or (k) of section 401 which prohibit payment of benefits before termination of employment solely by reason of payments to an alternate payee pursuant to a qualified domestic relations order." Subsec. (p)(5)(A). Pub. L. 99-514, §1898(c)(6)(A), inserted "(and any spouse of the participant shall not be treated as a spouse of the participant for such purposes)".Subsec. (p)(5)(B). Pub. L. 99-514, §1898(c)(7)(A)(iv), substituted "the surviving former spouse" for "the surviving spouse".Subsec. (p)(6)(A)(i). Pub. L. 99-514, §1898(c)(7)(A)(iii), substituted "each alternate payee" for "any other alternate payee".Subsec. (p)(7)(A). Pub. L. 99-514, §1898(c)(2)(A)(i), substituted "shall separately account for the amounts (hereinafter in this paragraph referred to as the 'segregated amounts')" for "shall segregate in a separate account in the plan or in an escrow account the amounts".Subsec. (p)(7)(B). Pub. L. 99-514, §1898(c)(2)(A)(ii), substituted "the 18-month period described in subparagraph (E)" for "18 months" and "including any interest" for "plus any interest".Subsec. (p)(7)(C). Pub. L. 99-514, §1898(c)(2)(A)(iii), substituted "the 18-month period described in subparagraph (E)" for "18 months" and "including any interest" for "plus any interest".Subsec. (p)(7)(D). Pub. L. 99-514, §1898(c)(2)(A)(iv), inserted "described in subparagraph (E)". Subsec. (p)(7)(E). Pub. L. 99-514, §1898(c)(2)(A)(v), added subpar. (E).Subsec. (p)(9). Pub. L. 99-514, §1898(c)(4)(A), added par. (9). Former par. (9) redesignated (11).Subsec. (p)(10). Pub. L. 99-514, §1898(c)(7)(A)(v), added par. (10).Subsec. (p)(11). Pub. L. 99-514, §1898(c)(4)(A), redesignated former par. (9) as (11).Subsec. (q). Pub. L. 99-514, §1114(a), added subsec. (q).Subsecs. (r), (s). Pub. L. 99-514, §1115(a), added subsecs. (r) and (s).Subsec. (t). Pub. L. 99-514, §1151(e)(1), added subsec. (t). 1984-Subsec. (h)(1)(B). Pub. L. 98-369, §491(d)(26), struck out "or 405(a)" after "section 403(a)".Subsec. (l). Pub. L. 98-369, §491(d)(27), struck out "or 405" after "section 403(a)".Subsec. (m)(6)(B). Pub. L. 98-369, §526(a)(1), substituted "section 318(a)" for "section 267(c)".Subsec. (m)(7). Pub. L. 98-369, §526(d)(2), as amended by Pub. L. 99-514, §1852(f), struck out par. (7) relating to regulations. See subsec. (o) of this section.Subsec. (n)(2). Pub. L. 98-369, §§526(b)(1), 713(i), made identical amendments, substituting "any person who is not an employee of the recipient and" for "any person" in text preceding subpar. (A).Subsec. (o). Pub. L. 98-369, §526(d)(1), added subsec. (o).Subsec. (p). Pub. L. 98-397 added subsec. (p).1982-Subsecs. (b), (c). Pub. L. 97-248, §240(c)(1), inserted reference to section 416.Subsec. (m)(4)(B). Pub. L. 97-248, §240(c)(2), inserted reference to section 416.Subsec. (m)(5) to (7). Pub. L. 97-248, §246(a), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.Subsec. (n). Pub. L. 97-248, §248(a), added subsec. (n). 1980-Subsec. (e). Pub. L. 96-364, §407(b), substituted provisions defining "church plan" with respect to general requirements, exclusion of certain plans, definitions and other provisions, and correction of failures to meet church plan requirements, for provisions defining "church plan" with respect to general requirements, certain unrelated business or multiemployer plans, and special temporary rules for certain church agencies under church plan.Subsec. (f). Pub. L. 96-364, §207, substituted provisions setting forth definition, cases of common control, continuation of status after termination, transitional rule, and special election with respect to a multiemployer plan, for provisions setting forth definition and special rules with respect to a multiemployer plan.Subsec. (l). Pub. L. 96-364, §208(a), substituted provisions relating to applicability to multiemployer plans subject to title IV of the Employee Retirement Income Security Act of 1974 of provisions of preceding sentence, for provisions relating to applicability of paragraph to multiemployer plans to extent determined by Corporation. Subsec. (m). Pub. L. 96-605 and Pub. L. 96-613 added an identical subsec. (m).1978-Subsecs. (b), (c). Pub. L. 95-600 inserted "408(k)," after "sections 401," wherever appearing. 1976-Subsecs. (a) to (c). Pub. L. 94-455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". Subsec. (f). Pub. L. 94-455, §1901(a)(64)(A), substituted "Plan" for "plan" in heading.Subsec. (g)(2)(C). Pub. L. 94-455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". Subsec. (l). Pub. L. 94-455, §1901(a)(64)(B), substituted reference to Sept. 2, 1974, for reference to the date of enactment of the Employee Retirement Income Security Act of 1974.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117-328, div. T, title I, §109(d), Dec. 29, 2022, 136 Stat. 5290, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2024."Amendment by section 117(b) of Pub. L. 117-328 applicable to taxable years beginning after Dec. 31, 2023, see section 117(h) of Pub. L. 117-328, set out as a note under section 401 of this title. Pub. L. 117-328, div. T, title III, §315(b), Dec. 29, 2022, 136 Stat. 5352, provided that: "The amendments made by this section [amending this section] shall apply to plan years beginning after December 31, 2023." Pub. L. 117-328, div. T, title III, §320(c), Dec. 29, 2022, 136 Stat. 5356, provided that: "The amendments made by this section [enacting section 1030a of Title 29, Labor, and amending this section, sections 664, 1027, and 1954 of Title 18, Crimes and Criminal Procedure, and sections 441 and 1031 of Title 29] shall apply to plan years beginning after December 31, 2022." Pub. L. 117-328, div. T, title III, §339(c), Dec. 29, 2022, 136 Stat. 5375, provided that: "The amendments made by this section [amending this section and section 1056 of Title 29, Labor] shall apply to domestic relations orders received by plan administrators after December 31, 2022, including any such order which is submitted for reconsideration after such date." Pub. L. 117-328, div. T, title III, §350(b), Dec. 29, 2022, 136 Stat. 5387, provided that: "The amendment made by this section [amending this section] shall apply with respect to any errors with respect to which the date referred to in section 414(cc) (as added by this section) is after December 31, 2023. Prior to the application of any regulations or other guidance prescribed under paragraph (3) of section 414(cc) of the Internal Revenue Code of 1986 (as added by this section), taxpayers may rely upon their reasonable good faith interpretations of the provisions of such section."Amendment by section 603(a) of Pub. L. 117-328 applicable to taxable years beginning after Dec. 31, 2023, see section 603(c) of Pub. L. 117-328, set out as a note under section 402 of this title.
EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116-136, div. A, title III, §3609(c), Mar. 27, 2020, 134 Stat. 414, provided that: "The amendments made by this section [amending this section and section 1060 of Title 29, Labor] shall apply to plan years beginning after December 31, 2018."
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-113, div. Q, title III, §336(a)(3), Dec. 18, 2015, 129 Stat. 3110, provided that: "The amendments made by paragraph (1) [amending this section] shall apply to years beginning before, on, or after the date of the enactment of this Act [Dec. 18, 2015]." Pub. L. 114-113, div. Q, title III, §336(d)(2), Dec. 18, 2015, 129 Stat. 3113, provided that: "The amendment made by this subsection [amending this section] shall apply to transfers or mergers occurring after the date of the enactment of this Act [Dec. 18, 2015]."
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113-295, set out as a note under section 1 of this title. Pub. L. 113-235, div. P, §3(c), Dec. 16, 2014, 128 Stat. 2829, provided that: "The amendments made by this section [amending this section and section 1060 of Title 29, Labor] shall take effect as if included in the amendments made by the Cooperative and Small Employer Charity Pension Flexibility Act [Pub. L. 113-97] (29 U.S.C. 401 note) [probably means 26 U.S.C. 401 note]."Amendment by section 201 of Pub. L. 113-97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113-97, set out as a note under section 401 of this title. Pub. L. 113-97, §203(b), Apr. 7, 2014, 128 Stat. 1139, provided that: "The amendment made by this section [amending this section] shall apply as of the date of enactment of this Act [Apr. 7, 2014]."
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-458 effective as if included in the provisions of Pub. L. 109-280 to which the amendment relates, except as otherwise provided, see section 112 of Pub. L. 110-458, set out as a note under section 72 of this title.Amendment by section 104(b) of Pub. L. 110-245 applicable with respect to deaths and disabilities occurring on or after Jan. 1, 2007, see section 104(d)(1) of Pub. L. 110-245, set out as a note under section 401 of this title.Amendment by section 105(b)(1) of Pub. L. 110-245 applicable to years beginning after December 31, 2008, see section 105(b)(3) of Pub. L. 110-245, set out as a note under section 219 of this title.
EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110-28, §6611(c), May 25, 2007, 121 Stat. 181, provided that: "The amendments made by this section [amending this section and section 1002 of Title 29, Labor] shall take effect as if included in section 1106 of the Pension Protection Act of 2006 [Pub. L. 109-280]."
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 114(c) of Pub. L. 109-280 applicable to plan years beginning after 2007, see section 114(g)(1) of Pub. L. 109-280, as added by Pub. L. 110-458, set out as a note under section 401 of this title.Amendment by section 902(d)(1) of Pub. L. 109-280 applicable to plan years beginning after Dec. 31, 2007, see section 902(g) of Pub. L. 109-280, set out as a note under section 401 of this title. Pub. L. 109-280, §903(c), Aug. 17, 2006, 120 Stat. 1048, provided that: "The amendments made by this section [amending this section and section 1060 of Title 29, Labor] shall apply to plan years beginning after December 31, 2009." Pub. L. 109-280, §906(c), Aug. 17, 2006, 120 Stat. 1052, provided that: "The amendments made by this section [amending this section, section 415 of this title, and sections 1002 and 1321 of Title 29, Labor] shall apply to any year beginning on or after the date of the enactment of this Act [Aug. 17, 2006]."
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-147 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16, to which such amendment relates, see section 411(x) of Pub. L. 107-147, set out as a note under section 25B of this title.
EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-16, §631(b), June 7, 2001, 115 Stat. 113, provided that: "The amendment made by this section [amending this section] shall apply to contributions in taxable years beginning after December 31, 2001." Pub. L. 107-16, §635(d), June 7, 2001, 115 Stat. 117, provided that: "The amendment made by this section [amending this section] shall apply to transfers, distributions, and payments made after December 31, 2001."
EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-554 effective as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105-34, to which such amendment relates, see section 1(a)(7) [title III, §314(g)] of Pub. L. 106-554, set out as a note under section 56 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 6018 of Pub. L. 105-206 effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104-188, to which such amendment relates, see section 6018(h) of Pub. L. 105-206, set out as a note under section 23 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105-34, §1522(b), Aug. 5, 1997, 111 Stat. 1070, provided that: "The amendments made by this section [amending this section] shall apply to years beginning after December 31, 1997." Amendment by section 1601(d)(6)(A), (7), (h)(2)(D)(i), (ii) of Pub. L. 105-34 effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104-188, to which it relates, see section 1601(j) of Pub. L. 105-34, set out as a note under section 23 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 1421(b)(9)(C) of Pub. L. 104-188 applicable to taxable years beginning after Dec. 31, 1996, see section 1421(e) of Pub. L. 104-188, set out as a note under section 72 of this title. Pub. L. 104-188, §1431(d), Aug. 20, 1996, 110 Stat. 1803, provided that:"(1) IN GENERAL.-The amendments made by this section [amending this section, sections 129, 401, 404, 408, and 416 of this title, and provisions set out as a note below] shall apply to years beginning after December 31, 1996, except that in determining whether an employee is a highly compensated employee for years beginning in 1997, such amendments shall be treated as having been in effect for years beginning in 1996."(2) FAMILY AGGREGATION.-The amendments made by subsection (b) [amending this section and sections 401 and 404 of this title] shall apply to years beginning after December 31, 1996." Pub. L. 104-188, §1434(c), Aug. 20, 1996, 110 Stat. 1807, provided that: "The amendments made by this section [amending this section and section 415 of this title] shall apply to years beginning after December 31, 1997." Pub. L. 104-188, §1454(b), Aug. 20, 1996, 110 Stat. 1817, provided that: "The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1996, but shall not apply to any relationship determined under an Internal Revenue Service ruling issued before the date of the enactment of this Act [Aug. 20, 1996] pursuant to section 414(n)(2)(C) of the Internal Revenue Code of 1986 (as in effect on the day before such date) not to involve a leased employee."Amendment by section 1461(a) of Pub. L. 104-188 applicable to years beginning after Dec. 31, 1996, see section 1461(c) of Pub. L. 104-188, set out as a note under section 404 of this title. Pub. L. 104-188, §1462(c), Aug. 20, 1996, 110 Stat. 1824, provided that: "The amendments made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1996." Pub. L. 104-188, §1704(n)(3), Aug. 20, 1996, 110 Stat. 1886, provided that: "The amendments made by this subsection [amending this section and section 1108 of Title 29, Labor] shall be effective as of December 12, 1994."
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-318 applicable to distributions after Dec. 31, 1992, see section 521(e) of Pub. L. 102-318, set out as a note under section 402 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-508, §11703(b)(2), Nov. 5, 1990, 104 Stat. 1388-517, provided that: "The amendment made by subsection (a) [probably means par. (1), which amended this section] shall take effect as if included in the amendments made by section 1151 of the Tax Reform Act of 1986 [Pub. L. 99-514]."
EFFECTIVE DATE OF 1989 AMENDMENTS Amendment by sections 7811(m)(5) and 7813(b) of Pub. L. 101-239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such amendment relates, see section 7817 of Pub. L. 101-239, set out as a note under section 1 of this title.Amendment by section 7841(a)(2) of Pub. L. 101-239 applicable to transfers after Dec. 19, 1989, in taxable years ending after such date, see section 7841(a)(3) of Pub. L. 101-239, set out as a note under section 408 of this title.Amendment by section 203(a)(6) of Pub. L. 101-140 effective as if included in section 1151 of Pub. L. 99-514, see section 203(c) of Pub. L. 101-140, set out as a note under section 79 of this title.Amendment by section 204(b)(2) of Pub. L. 101-140 applicable to years beginning after Dec. 31, 1988, see section 204(d)(1) of Pub. L. 101-140, set out as a note under section 129 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 1011(d)(8), (e)(4), (h)(5), (i)(1)-(4)(A), (j)(1), (2), 1011A(b)(3), 1011B(a)(16), (17), (19), (20), and 1018(t)(8)(E)-(G) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.Pub. L. 100-647, title II, §2005(c)(3), Nov. 10, 1988, 102 Stat. 3612, provided that: "(A) Except as provided in subparagraph (B), the amendments made by this subsection [amending this section] shall apply with respect to transactions occurring after July 26, 1988."(B) The amendments made by this subsection shall not apply to any transaction occurring after July 26, 1988, if on or before such date the board of directors of the employer, approves such transaction or the employer took similar binding action."Amendment by section 3011(b)(4), (5) of Pub. L. 100-647 applicable to taxable years beginning after Dec. 31, 1988, but not applicable to any plan for any plan year to which section 162(k) of this title (as in effect on the day before Nov. 10, 1988) did not apply by reason of section 10001(e)(2) of Pub. L. 99-272, see section 3011(d) of Pub. L. 100-647, set out as a note under section 162 of this title.Amendment by section 3021(b)(1), (2)(A) of Pub. L. 100-647 applicable to years beginning after Dec. 31, 1986, see section 3021(d)(2) of Pub. L. 100-647, set out as a note under section 129 of this title.Pub. L. 100-647, title VI, §6067(c), Nov. 10, 1988, 102 Stat. 3703, as amended by Pub. L. 101-239, §7816(k), Dec. 19, 1989, 103 Stat. 2421, provided that: "The amendment made by this section [amending this section] shall take effect as if included in the amendments made by section 2005(c) of this Act [amending this section]."
EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-203 applicable with respect to plan years beginning after Dec. 31, 1987, see section 9305(d) of Pub. L. 100-203, set out as a note under section 412 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-514, title XI, §1114(c), Oct. 22, 1986, 100 Stat. 2452, as amended by Pub. L. 104-188, §1431(c)(2), Aug. 20, 1996, 110 Stat. 1803; Pub. L. 107-16, §663(a), June 7, 2001, 115 Stat. 142, provided that:"(1) IN GENERAL.-Except as provided in this subsection, the amendment made by this section [amending this section and sections 106, 274, 423, and 501 of this title] shall apply to years beginning after December 31, 1986."(2) CONFORMING AMENDMENTS TO EMPLOYEE BENEFIT PROVISIONS.-The amendments made by paragraphs (2), (3), (4), (5), and (16) of subsection (b) [amending sections 117, 120, 127, 129, 132, and 505 of this title] shall apply to years beginning after December 31, 1987."(3) CONFORMING AMENDMENTS TO PENSION PROVISIONS.-The amendments made by paragraphs (7), (8), (9), (10), (11), (12), and (15) of subsection (b) [amending this section and sections 401, 404A, 406, 407, 411, 415, and 4975 of this title and section 1108 of Title 29, Labor] shall apply to years beginning after December 31, 1988."[Pub. L. 107-16, §663(b), June 7, 2001, 115 Stat. 143, provided that: "The repeal made by subsection (a) [repealing par. (4) of section 1114(c) of Pub. L. 99-514, set out above] shall apply to plan years beginning after December 31, 2001."]Pub. L. 99-514, title XI, §1115(b), Oct. 22, 1986, 100 Stat. 2454, provided that: "The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1986."Amendment by section 1117(c) of Pub. L. 99-514 applicable to plan years beginning after Dec. 31, 1986, with special provisions for plans maintained pursuant to collective bargaining agreements ratified before Mar. 1, 1986, and for annuity contracts under section 403(b) of this title, see section 1117(d) of Pub. L. 99-514, set out as a note under section 401 of this title.Pub. L. 99-514, title XI, §1146(c), Oct. 22, 1986, 100 Stat. 2493, provided that:"(1) IN GENERAL.-Except as provided in this subsection, the amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 1983."(2) SUBSECTION (a)(1).-The amendment made by subsection (a)(1) shall apply to services performed after December 31, 1986."(3) RECORDKEEPING REQUIREMENTS.-In the case of years beginning before the date of the enactment of this Act [Oct. 22, 1986], the last sentence of section 414(o) shall be applied without regard to the requirement that an insignificant percentage of the workload be performed by persons other than employees."Amendment by section 1151(e)(1), (i) of Pub. L. 99-514 applicable, with certain qualifications and exceptions, to years beginning after Dec. 31, 1988, see section 1151(k) of Pub. L. 99-514, as amended, set out as a note under section 79 of this title.Amendment by section 1301(j)(4) of Pub. L. 99-514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see sections 1311 to 1318 of Pub. L. 99-514, set out as an Effective Date; Transitional Rules note under section 141 of this title. Amendment by section 1852(f) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title. Amendment by section 1898(c)(2)(A), (4)(A), (6)(A), (7)(A)(ii)-(vii) of Pub. L. 99-514 effective as if included in the provision of the Retirement Equity Act of 1984, Pub. L. 98-397, to which such amendment relates, except as otherwise provided, see section 1898(j) of Pub. L. 99-514, set out as a note under section 401 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-397 effective Jan. 1, 1985, except as otherwise provided, see section 303(d) of Pub. L. 98-397, set out as a note under section 1001 of Title 29, Labor.Amendment by section 491(d)(26), (27) of Pub. L. 98-369 applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98-369, set out as a note under section 62 of this title.Pub. L. 98-369, div. A, title V, §526(a)(2), July 18, 1984, 98 Stat. 874, provided that: "The amendment made by this subsection [amending this section] shall apply to taxable years beginning after December 31, 1984."Pub. L. 98-369, div. A, title V, §526(b)(2), July 18, 1984, 98 Stat. 874, provided that: "The amendment made by this subsection [amending this section] shall apply to taxable years beginning after December 31, 1983."Pub. L. 98-369, div. A, title V, §526(d)(3), July 18, 1984, 98 Stat. 875, provided that: "The amendments made by this subsection [amending this section] shall take effect on the date of the enactment of this Act [July 18, 1984]."Amendment by section 713(i) of Pub. L. 98-369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, to which such amendment relates, see section 715 of Pub. L. 98-369, set out as a note under section 31 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 240(c) of Pub. L. 97-248, applicable to years beginning after Dec. 31, 1983, see section 241(a) of Pub. L. 97-248, set out as a note under section 416 of this title.Pub. L. 97-248, title II, §246(b), Sept. 3, 1982, 96 Stat. 525, provided that: "The amendments made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1983."Pub. L. 97-248, title II, §248(b), Sept. 3, 1982, 96 Stat. 527, provided that: "The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1983."
EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96-605, title II, §201(c), Dec. 28, 1980, 94 Stat. 3527, and Pub. L. 96-613, §5(c), Dec. 28, 1980, 94 Stat. 3582, provided that:"(1) IN GENERAL.-Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 105 and 125 of this title] shall apply to plan years ending after November 30, 1980."(2) PLANS IN EXISTENCE ON NOVEMBER 30, 1980.-In the case of a plan in existence on November 30, 1980, the amendments made by this section [amending this section and sections 105 and 125 of this title] shall apply to plan years beginning after November 30, 1980."Pub. L. 96-364, title IV, §407(c), Sept. 26, 1980, 94 Stat. 1307, provided that: "The amendments made by this section [amending this section and section 1002 of Title 29, Labor] shall be effective as of January 1, 1974." Amendment by sections 207 and 208(a) of Pub. L. 96-364 effective Sept. 26, 1980, see section 210(a) of Pub. L. 96-364, set out as an Effective Date note under section 194A of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-600 applicable to taxable years beginning after Dec. 31, 1978, see section 152(h) of Pub. L. 95-600, set out as a note under section 408 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 1901(a)(64) of Pub. L. 94-455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title.
EFFECTIVE DATESection applicable, except as otherwise provided in section 1017(c) through (i) of Pub. L. 93-406, for plan years beginning after Sept. 2, 1974, and, in the case of plans in existence on Jan. 1, 1974, for plan years beginning after Dec. 31, 1975, see section 1017 of Pub. L. 93-406, set out as an Effective Date; Transitional Rules note under section 410 of this title.
REGULATIONS Pub. L. 109-280, §1001, Aug. 17, 2006, 120 Stat. 1052, provided that: "Not later than 1 year after the date of the enactment of this Act [Aug. 17, 2006], the Secretary of Labor shall issue regulations under section 206(d)(3) of the Employee Retirement Security Act of 1974 [29 U.S.C. 1056(d)(3)] and 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." Secretary of the Treasury or his delegate to issue before Feb. 1, 1988, final regulations to carry out amendments made by sections 1114, 1115, and 1117 of Pub. L. 99-514, see section 1141 of Pub. L. 99-514, set out as a note under section 401 of this title.
PROVISIONS RELATING TO PLAN AMENDMENTS PURSUANT TO Pub. L. 117-328 Pub. L. 117-328, div. T, title V, §501(a), (b), Dec. 29, 2022, 136 Stat. 5388, provided that: "(a) IN GENERAL.-If this section applies to any retirement plan or contract amendment-"(1) such retirement 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 (or the Secretary's delegate), such retirement 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 [29 U.S.C. 1054(g)] by reason of such amendment."(b) AMENDMENTS TO WHICH SECTION APPLIES.-"(1) IN GENERAL.-This section shall apply to any amendment to any retirement 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 (or a delegate of either such Secretary) under this Act [div. T of Pub. L. 117-328, see Tables for classification]; and"(B) on or before the last day of the first plan year beginning on or after January 1, 2025, or such later date as the Secretary of the Treasury may prescribe.In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan, this paragraph shall be applied by substituting '2027' for '2025'. For purposes of the preceding sentence, the term 'applicable collectively bargained plan' means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act [Dec. 29, 2022]."(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) (as modified by the second sentence of paragraph (1)) (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."
PROVISIONS RELATING TO PLAN AMENDMENTS PURSUANT TO Pub. L. 116-94 Pub. L. 116-94, div. O, title VI, §601, Dec. 20, 2019, 133 Stat. 3181, as amended by Pub. L. 117-328, div. T, title V, §501(c)(1), Dec. 29, 2022, 136 Stat. 5389, provided that: "(a) IN GENERAL.-If this section applies to any retirement plan or contract amendment-"(1) such retirement 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 (or the Secretary's delegate), such retirement 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 [29 U.S.C. 1054(g)] by reason of such amendment."(b) AMENDMENTS TO WHICH SECTION APPLIES.-"(1) IN GENERAL.-This section shall apply to any amendment to any retirement 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 (or a delegate of either such Secretary) under this Act [div. O of Pub. L. 116-94, see Tables for classification]; and"(B) on or before the last day of the first plan year beginning on or after January 1, 2025, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan in the case of section 401 (and the amendments made thereby), this paragraph shall be applied by substituting '2027' for '2025'. For purposes of the preceding sentence, the term 'applicable collectively bargained plan' means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act [Dec. 20, 2019]."(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) (as modified by the second sentence of paragraph (1)) (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."
PROVISIONS RELATING TO PLAN AMENDMENTS PURSUANT TO PUB. L. 110-245 Pub. L. 110-245, §105(c), June 17, 2008, 122 Stat. 1629, provided that:"(1) IN GENERAL.-If this subsection applies to any plan or annuity contract amendment, such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i). "(2) AMENDMENTS TO WHICH SECTION APPLIES.-"(A) IN GENERAL.-This subsection shall apply to any amendment to any plan or annuity contract which is made-"(i) pursuant to any amendment made by subsection (b)(1) [amending this section], and"(ii) on or before the last day of the first plan year beginning on or after January 1, 2010.In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this subparagraph shall be applied by substituting '2012' for '2010' in clause (ii). "(B) CONDITIONS.-This subsection shall not apply to any plan or annuity contract amendment unless-"(i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (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"(ii) such plan or contract amendment applies retroactively for such period."
CLARIFICATION RELATING TO APPLICATION OF ANTI-ABUSE RULE Pub. L. 114-113, div. Q, title III, §336(a)(2), Dec. 18, 2015, 129 Stat. 3110, provided that: "The rule of 26 CFR 1.414(c)-5(f) shall continue to apply to each paragraph of section 414(c) of the Internal Revenue Code of 1986, as amended by paragraph (1)."
AUTOMATIC ENROLLMENT BY CHURCH PLANS Pub. L. 114-113, div. Q, title III, §336(c), Dec. 18, 2015, 129 Stat. 3110, provided that:"(1) IN GENERAL.-This subsection shall supersede any law of a State that relates to wage, salary, or payroll payment, collection, deduction, garnishment, assignment, or withholding which would directly or indirectly prohibit or restrict the inclusion in any church plan (as defined in section 414(e) of the Internal Revenue Code of 1986) of an automatic contribution arrangement."(2) DEFINITION OF AUTOMATIC CONTRIBUTION ARRANGEMENT.-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 or the employer 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 or 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), and "(C) under which the notice and election requirements of paragraph (3), and the investment requirements of paragraph (4), are satisfied. "(3) NOTICE REQUIREMENTS.-"(A) IN GENERAL.-The plan sponsor of, or plan administrator or employer maintaining, an automatic contribution arrangement shall, within a reasonable period before the first day of each 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) ELECTION REQUIREMENTS.-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 explanation 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."(4) DEFAULT INVESTMENT.-If no affirmative investment election has been made with respect to any automatic contribution arrangement, contributions to such arrangement shall be invested in a default investment selected with the care, skill, prudence, and diligence that a prudent person selecting an investment option would use."(5) EFFECTIVE DATE.-This subsection shall take effect on the date of the enactment of this Act [Dec. 18, 2015]."
INVESTMENTS BY CHURCH PLANS IN COLLECTIVE TRUSTS Pub. L. 114-113, div. Q, title III, §336(e), Dec. 18, 2015, 129 Stat. 3113, provided that:"(1) IN GENERAL.-In the case of-"(A) a church plan (as defined in section 414(e) of the Internal Revenue Code of 1986), including a plan described in section 401(a) of such Code and a retirement income account described in section 403(b)(9) of such Code, and"(B) an organization described in section 414(e)(3)(A) of such Code the principal purpose or function of which is the administration of such a plan or account,the assets of such plan, account, or organization (including any assets otherwise permitted to be commingled for investment purposes with the assets of such a plan, account, or organization) may be invested in a group trust otherwise described in Internal Revenue Service Revenue Ruling 81-100 (as modified by Internal Revenue Service Revenue Rulings 2004-67, 2011-1, and 2014-24), or any subsequent revenue ruling that supersedes or modifies such revenue ruling, without adversely affecting the tax status of the group trust, such plan, account, or organization, or any other plan or trust that invests in the group trust."(2) EFFECTIVE DATE.-This subsection shall apply to investments made after the date of the enactment of this Act [Dec. 18, 2015]."
APPLICABILITY OF AMENDMENTS BY SUBTITLES A AND B OF title I of Pub. L. 109-280 For special rules on applicability of amendments by subtitles A (§§101-108) and B (§§111-116) of title I of Pub. L. 109-280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Pub. L. 109-280, set out as notes under section 401 of this title.
SAMPLE LANGUAGE FOR SPOUSAL CONSENT AND QUALIFIED DOMESTIC RELATIONS FORMS Pub. L. 104-188, §1457, Aug. 20, 1996, 110 Stat. 1818, provided that: "(a) DEVELOPMENT OF SAMPLE LANGUAGE.-Not later than January 1, 1997, the Secretary of the Treasury shall develop-"(1) sample language for inclusion in a form for the spousal consent required under section 417(a)(2) of the Internal Revenue Code of 1986 and section 205(c)(2) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1055(c)(2)] which-"(A) is written in a manner calculated to be understood by the average person, and"(B) discloses in plain form-"(i) whether the waiver to which the spouse consents is irrevocable, and"(ii) whether such waiver may be revoked by a qualified domestic relations order, and"(2) sample language for inclusion in a form for a qualified domestic relations order described in section 414(p)(1)(A) of such Code and section 206(d)(3)(B)(i) of such Act [29 U.S.C. 1056(d)(3)(B)(i)] which-"(A) meets the requirements contained in such sections, and"(B) the provisions of which focus attention on the need to consider the treatment of any lump sum payment, qualified joint and survivor annuity, or qualified preretirement survivor annuity."(b) PUBLICITY.-The Secretary of the Treasury shall include publicity for the sample language developed under subsection (a) in the pension outreach efforts undertaken by the Secretary."
SAFEHARBOR AUTHORITY Pub. L. 104-188, §1462(b), Aug. 20, 1996, 110 Stat. 1824, provided that: "The Secretary of the Treasury may design nondiscrimination and coverage safe harbors for church plans."
APPLICATION OF LINE OF BUSINESS TEST FOR PERIOD BEFORE GUIDELINES ISSUED Pub. L. 101-140, §204(b)(1), Nov. 8, 1989, 103 Stat. 833, provided that: "In the case of any plan year beginning on or before the date the Secretary of the Treasury or his delegate issues guidelines and begins issuing determinations under section 414(r)(2)(C) of the Internal Revenue Code of 1986, an employer shall be treated as operating separate lines of business if the employer reasonably determines that it meets the requirements of section 414(r) (other than paragraph (2)(C) thereof) of such Code."[Pub. L. 101-140, §204(d)(3), Nov. 8, 1989, 103 Stat. 833, provided that: "The provisions of subsection (b)(1) [set out above] shall apply to years beginning after December 31, 1986."]
NONENFORCEMENT OF AMENDMENT MADE BY SECTION 1151 OF PUB. L. 99-514 FOR FISCAL YEAR 1990No monies appropriated by Pub. L. 101-136 to be used to implement or enforce section 1151 of Pub. L. 99-514 or the amendments made by such section, see section 528 of Pub. L. 101-136, set out as a note under section 89 of this title.
STUDY REFLECTING ALLOCATION OF ASSETS Pub. L. 100-647, title VI, §6067(b), Nov. 10, 1988, 102 Stat. 3703, directed Secretary of the Treasury or his delegate, in consultation with Federal Deposit Insurance Corporation, to conduct a study with respect to proper method of allocating assets in case of a transaction to which the amendment made by such section and, not later than Jan. 1, 1990 (due date extended to Jan. 1, 1992, by Pub. L. 101-508, §11831(b), Nov. 5, 1990, 104 Stat. 1388-559) to report results of such study to Committee on Ways and Means of House of Representatives and to Committee on Finance of Senate.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1998For provisions directing that if any amendments made by subtitle D [§§1401-1465] of title I of Pub. L. 104-188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of Pub. L. 104-188, set out as a note under section 401 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1994For provisions directing that if any amendments made by subtitle B [§§521-523] of title V of Pub. L. 102-318 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1994, see section 523 of Pub. L. 102-318, set out as a note under section 401 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101-1147 and 1171-1177] or title XVIII [§§1800-1899A] of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title.
- Internal Revenue Code of 1986
- The term "Internal Revenue Code of 1986" means this title, and the term "Internal Revenue Code of 1939" means the Internal Revenue Code enacted February 10, 1939, as amended.
- Secretary of the Treasury
- The term "Secretary of the Treasury" means the Secretary of the Treasury, personally, and shall not include any delegate of his.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- State
- The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- fiduciary
- The term "fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person.
- fiscal year
- The term "fiscal year" means an accounting period of 12 months ending on the last day of any month other than December.
- international organization
- The term "international organization" means a public international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U.S.C. 288-288f).
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- shareholder
- The term "shareholder" includes a member in an association, joint-stock company, or insurance company.
- stock
- The term "stock" includes shares in an association, joint-stock company, or insurance company.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.
- transaction
- The term "transaction" includes a series of transactions.