Page:United States Statutes at Large Volume 100 Part 3.djvu/629

 PUBLIC LAW 99-514—OCT. 22, 1986 "(ii) benefits compensation.

are based

100 STAT. 2437

on average

annual

"(4) DEFINITIONS RELATING TO PARAGRAPH (3).—For purposes of paragraph (3)— "(A)

EXCESS

ALLOWANCE.—The

maximum

excess allowance is equal to— "(i) in the case of benefits attributable to any year of service with the employer taken into account under the plan, % of a percentage point, and "(ii) in the case of total benefits, % of a percentage point, multiplied by the participant's years of service (not in excess of 35) with the employer taken into account under the plan. In no event shall the maximum excess allowance exceed the base benefit percentage. "(B) MAXIMUM OFFSET ALLOWANCE.—The maximum offset allowance is equal to— "(i) in the case of benefits attributable to any year of service with the employer taken into account under the plan, % percent of the participant's final average compensation, and "(ii) in the case of total benefits, % percent of the participant's final average compensation, multiplied by the participant's years of service (not in excess of 35) with the employer taken into account under the plan. In no event shall the maximum offset allowance exceed 50 percent of the benefit which would have accrued without regard to the offset reduction.

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MAXIMUM

.

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"(C) REDUCTIONS.—

"(i) IN GENERAL.—The Secretary shall prescribe regulations requiring the reduction of the % percentage factor under subparagraph (A) or (B)— "(I) in the case of a plan other than an offset plan which has an integration level in excess of covered compensation, or "(II) with respect to any participant in an offset plan who has final average compensation in excess of covered compensation.

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"(ii) BASIS OF REDUCTIONS.—Any reductions under

clause (i) shall be based on the percentages of compensation replaced by the employer-derived portions of primary insurance amounts under the Social Security Act for participants with compensation in excess of covered compensation. "(D) OFFSET PLAN.—The term 'offset plan' means any plan with respect to which the benefit attributable to employer contributions for each participant is reduced by an amount specified in the plan.

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"(5) OTHER DEFINITIONS AND SPECIAL RULES.—For purposes of

this subsection— "(A) INTEGRATION LEVEL.—

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"(i) IN GENERAL.—The term 'integration level' means the amount of compensation specified under the plan (by dollar amount or formula) at or below which the rate at which contributions or benefits are provided (expressed as a percentage) is less than such rate above such amount.

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