Page:United States Statutes at Large Volume 100 Part 3.djvu/636

 100 STAT. 2444

PUBLIC LAW 99-514—OCT. 22, 1986

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"(F) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection." (b) ADDITIONAL PARTICIPATION REQUIREMENTS.—Section 401(a) (relating to qualification requirements) is amended by adding at the end thereof the following new paragraph: "(26) ADDITIONAL PARTICIPATION REQUIREMENTS.—



"(A) IN GENERAL.—A trust shall not constitute a qualified trust under this subsection unless such trust is part of a plan which on each day of the plan year benefits the lesser of— "(i) 50 employees of the employer, or "(ii) 40 percent or more of all employees of the employer. "(B) TREATMENT OF EXCLUDABLE EMPLOYEES.—

"(i) IN GENERAL.—A plan may exclude from consider. ation under this paragraph employees described in paragraphs (3) and (4)(A) of section 410(b).

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"(ii) S E P A R A T E APPLICATION FOR CERTAIN EXCLUDABLE

EMPLOYEES.—If employees described in section 410(b)(4)(B) are covered under a plan which meets the requirements of subparagraph (A) separately with respect to such employees, such employees may be ex;- >;• eluded from consideration in determining whether any plan of the employer meets such requirements if^ I ' "(I) the benefits for such employees are provided under the same plan as benefits for other em. ployees, f'jri ' ' •. "(II) the benefits provided to such employees are

not greater than comparable benefits provided to other employees under the plan, and . ^j.. "(Ill) no highly compensated employee (within the meaning of section 414(q)) is included in the group of such employees for more than 1 year. "(C) ELIGIBILITY TO PARTICIPATE.—In the case of contribu"< -/'i •. tions under section 401(k) or 401(m), employees who are eligible to contribute (or may elect to have contributions ?; made on their behalf) shall be treated as benefiting under the plan. "(D) SPECIAL RULE FOR COLLECTIVE BARGAINING UNITS.—

Except to the extent provided in regulations, a plan cover• ing only employees described in section 4100t))(3)(A) may exclude from consideration any employees who are not included in the unit or units in which the covered employees are included. "(E)

PARAGRAPH

NOT

TO

APPLY

TO MULTIEMPLOYER

• "r- PLANS.—Except to the extent provided in regulations, this 10: paragraph shall not apply to employees in a multiemployer plan (within the meaning of section 414(f)) who are covered by collective bargaining agreements. "(F) REGULATIONS.—The Secretary may by regulation provide that any separate benefit structure, any separate trust, or any other separate arrangement is to be treated as a separate plan for purposes of applying this paragraph." (c) PLANS FAILING TO MEET REQUIREMENTS OF SECTION 410(b).—

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