Page:United States Statutes at Large Volume 100 Part 3.djvu/167

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 1975

early retirement benefit is disregarded in determining benefit accruals. "(7) Any regulations prescribed by the Secretary of the Treasury pursuant to clause (v) of section 411(b)(l)(H) of the Internal Revenue Code of 1986 and subparagraphs (C) and (D) of section 411(b)(2) of r such Code shall apply with respect to the requirements of this subsection in the same manner and to the same extent as such ?;:r •. T regulations apply with respect to the requirements of such sections 411(b)(l)(H)and411(b)(2). "(8) A plan shall not be treated as failing to meet the requirements of this section solely because such plan provides a normal retirement age described in section 3(24XB) of the Employee Retirement Income Security Act of 1974 and section 411(a)(8)(B) of the 29 USC 1002. Internal Revenue Code of 1986. Post, p. 2095. "(9) For purposes of this subsection— "(A) The terms 'employee pension benefit plan', 'defined benefit plan', 'defined contribution plan', and 'normal retirement age' have the meanings provided such terms in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). "(B) The term 'compensation' has the meaning provided by ,. section 414(s) of the Internal Revenue Code of 1986.". SEC. 9202. BENEFIT ACCRUAL BEYOND NORMAL RETIREMENT AGE.

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(a) ERISA AMENDMENTS.— (1) IN GENERAL.—Subsection (a) of section 204 of the Employee
 * Retirement Income Security Act of 1974 (29 U.S.C. 1054(a)) is

amended to read as follows: "(a) Each pension plan shall satisfy the requirements of subsection (b)(3), and— "(1) in the case of a defined benefit plan, shall satisfy the requirements of subsection (b)(D; and " "(2) in the case of a defined contribution plan, shall satisfy the requirements of subsection (b)(2).". ^, (2) DEFINED BENEFIT PLANS.—Section 204(b)(l) of such Act is amended by adding at the end thereof the following new subparagraph: "(H)(i) Notwithstanding the preceding subparagraphs, a defined benefit plan shall be treated as not satisfying the requirements of this paragraph if, under the plan, an employee's benefit accrual is ceased, or the rate of an employee's benefit accrual is reduced, because of the attainment of any age. "(ii) A plan shall not be treated as failing to meet the requirements of this subparagraph solely because the plan imposes (without regard to age) a limitation on the amount of benefits that the plan provides or a limitation on the number of years of service or years of participation which are taken into account for purposes of determining benefit accrual under the plan. "(iii) In the case of any employee who, as of the end of any plan year under a defined benefit plan, has attained normal retirement age under such plan— "(I) if distribution of benefits under such plan with respect to such employee has commenced as of the end of such plan year, ^. then any requirement of this subparagraph for continued ac^p crual of benefits under such plan with respect to such employee during such plan year shall be treated as satisfied to the extent

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