Page:United States Statutes at Large Volume 100 Part 1.djvu/310

 100 STAT. 274

PUBLIC LAW 99-272—APR. 7, 1986 or extension to each employee organization representing employees covered by the affected plan. "(B)

CONSIDERATION OF RELEVANT INFORMATION.—The

Secretary shall consider any relevant information p r o v e d by a person to whom notice was given under subparagraph (A).". (5) AUDIT OF PLANS TERMINATED IN STANDARD TERMINATION.—

Ante, p. 244.

Section 4003(a) (29 U.S.C. 1303(a)) is amended by adding at the end thereof the following new sentence: "The corporation shall annually audit a statistically significant number of plans terminating under section 4041(b) to determine whether participants and beneficiaries have received their benefit commitments. Each audit shall include a statistically significant number of participants and beneficiaries.". (6) REPEAL OF EXPIRED AUTHORITY.—Section 4004 (29 U.S.C. 1304) is repealed. (7) VOTING BY CORPORATION OF STOCK PAID AS LIABILITY.—

Ante, p. 258.

Section 4005 (29 U.S.C. 1305) is amended by adding at the end thereof the following new subsection: "(g) Any stock in a person liable to the corporation under this title which is paid to the corporation by such person or a member of such person's controlled group in satisfaction of such person's liability under this title may be voted only by the custodial trustees or outside money managers of the corporation or fiduciaries with respect to trusts to which the requirements of section 4049 apply.". (8) EFFECTIVE YEARS.—Section 4022(b)(7) (29 U.S.C. 1322(b)(7)) is amended by striking out "following" and inserting in lieu thereof "beginning with". (9) TREATMENT OF QUALIFIED PRETIREMENT SURVIVOR ANNU-

29 USC 1055.

ITIES.—Section 4022 (29 U.S.C. 1322) is amended by adding at the end thereof the following new subsection: "(d) For purposes of subsection (a), a qualified preretirement survivor annuity (as defined in section 205(e)(1)) with respect to a participant under a terminated single-employer plan shall not be treated as forfeitable solely because the participant has not died as of the termination date.". (10)

29 USC 1082.

CLARIFICATION OF POWER TO COLLECT AMOUNTS DUE

THE CORPORATION.—Section 4042(d)(l)(B)(ii) (29 U.S.C. 1342(d)(l)(B)(ii)) is amended by inserting after "amounts due the plan" the following: ", including but not limited to the power to collect from the persons obligated to meet the requirements of section 302 or the terms of the plan". (11) CONFORMING AMENDMENT.—Section 4042(d)(3) (29 U.S.C. 1342(d)(3)) is amended by striking out "same duties as a trustee appointed under section 47 of the Bankruptcy Act" and inserting in lieu thereof "same duties as those of a trustee under section 704 of title 11, United States Code". (12) CONFORMING AMENDMENT.—Section 4044(a) (29 U.S.C.

1344(a)) is amended by striking out "defined benefit". (13) CLERICAL CORRECTIONS.—Section 4044(a)(4) (29 U.S.C. 1344(a)(4)(A)) is amended— (A) in subparagraph (A), by striking out "section 4022(b)(5)" and inserting in lieu thereof "section 4022B(a)"; and (B) in subparagraph (B), by striking out "section 4022(b)(6)" and inserting in lieu thereof "section 4022(b)(5)".

�