Page:United States Statutes at Large Volume 101 Part 2.djvu/1130

 101 STAT. 1330-336

PUBLIC LAW 100-203—DEC. 22, 1987

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mined under subparagraph (A) for the plan year in which the event occurs shall be equal to 150 percent of the a m o u n t determined under subparagraph (A)(i). The a m o u n t under ./;;. subparagraph (A)(ii) for subsequent plan years in the ir/v amortization period shall be adjusted in the m a n n e r provided by the Secretary to reflect the application of this subparagraph. "(6) S P E C I A L RULES FOR SMALL PLANS.— "(A) P L A N S WITH lOO OR FEWER

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PARTICIPANTS.—This

subsection shall not apply to any plan for any plan year if on each day during the preceding plan year such plan had no more than 100 participants.

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"(B) P L A N S WITH MORE THAN lOO BUT NOT MORE THAN 1 5 0

PARTICIPANTS.—In the case of a plan to which subparagraph (A) does not apply and which on each d a y during the preceding plan year h a d no more than 150 participants, the ^ a m o u n t of the increase under paragraph (1) for such plan year shall be equal to the product of— "(i) such increase determined without regard to this ,/:vv.i subparagraph, multiplied by n"(ii) 2 percent for the highest n u m b e r of participants in excess of 100 on any such day. "(C) AGGREGATION OF PLANS.—For purposes of t h i s para-

graph, all defined benefit plans m a i n t a i n e d by the same employer (or any m e m b e r of such employer's controlled group) shall be treated as 1 plan, b u t only employees of such employer or m e m b e r shall be t a k e n into account.

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"(7) C U R R E N T LIABILITY.—For purposes of t h i s subsection—

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"(A) IN GENERAL.—The term 'current liability' means all liabilities to employees and their beneficiaries under the plan. "(B) T R E A T M E N TO F UNPREDICTABLE CONTINGENT EVENT BENEFITS.—

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"(i) IN GENERAL.—For purposes of subparagraph (A), any unpredictable contingent event benefit shall not be t a k e n into account until the event on which the benefit is contingent occurs. "(ii) UNPREDICTABLE CONTINGENT EVENT BENEFIT.—

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The term 'unpredictable contingent event benefit' means any benefit contingent on a n event other than— "(I) age, service, compensation, death, or disability, or "(II) a n event which is reasonably and reliably predictable (as determined by the Secretary). "(C) INTEREST RATES USED.—The r a t e of i n t e r e s t used to

determine c u r r e n t liability shall be the r a t e of interest used under subsection (b)(5). "(D) CERTAIN SERVICE DISREGARDED.—

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"(i) IN GENERAL.—In the case of a participant to whom this subparagraph applies, only the applicable percentage of the years of service before such individual became a participant shall be t a k e n into account in computing the c u r r e n t liability of the plan. "(ii) APPLICABLE PERCENTAGE.—For purposes of this

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subparagraph, the applicable percentage shall be determined as follows: ^ >„^,.

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