Page:United States Statutes at Large Volume 101 Part 2.djvu/1151

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-357

'(B) which, in combination, offer the actuary's best estimate of anticipated experience under the plan." (2) AMENDMENT TO ERISA.—Paragraph (3) of section 302(c) of ERISA (29 U.S.C. 1082(c)(3)) is amended to read as follows: "(3) For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods— "(A) in the case of— "(i) a plan other than a multiemployer plan, each of which is reasonable (taking into account the experience of the plan and reasonable expectations) or which, in the aggregate, result in a total contribution equivalent to that which would be determined if each such assumption and method were reasonable, or " "(ii) a multiemployer plan, which, in the aggregate, are reasonable (taking into account the experiences of the plan and reasonable expectations), and "(B) which, in combination, offer the actuary's best estimate of anticipated experience under the plan.' (c) LIMITATION ON DEDUCTION FOR CONTRIBUTIONS TO CERTAIN PLANS NOT LESS THAN UNFUNDED CURRENT LIABILITY.—Paragraph

(1) of section 404(a) of the 1986 Code is amended by redesignating 26 USC 404. subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: "(D) SPECIAL RULE IN CASE OF CERTAIN PLANS.—In the case of any defined benefit plan (other than a multiemployer ^^'^ plan) which has more than 100 participants for the plan year, except as provided in regulations, the maximum [ amount deductible under the limitations of this paragraph shall not be less than the unfunded current liability determined under section 412(1) (without regard to any reduction by the credit balance in the funding standard account). For purposes of this subparagraph, all defined benefit plans maintained by the same employer (or any member of such ,f. employer's controlled group (within the meaning of section ' 412(l)(8)(c))) shall be treated as 1 plan, but only employees of such member or employer shall be taken into account." (d) LIMITATION ON AMORTIZATION OF PAST SERVICE CREDITS.—



Clause (iii) of section 404(a)(l)(A) of the 1986 Code (relating to pension trusts) is amended by striking out "to amortize such credits" and inserting in lieu thereof "to amortize the unfunded costs attributable to such credits". (e) LIMITATION ON INTEREST RATE.— (1) AMENDMENT TO 1986 CODE.—Paragraph (5) of section 4120t>)

of the 1986 Code (relating to interest) is amended to read as follows: "(5) INTEREST.—

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"(A) IN GENERAL.—The funding standard account (and Regulations. items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. "(B) REQUIRED CHANGE OF INTEREST RATE.—For purposes

'in ^

of determining a plan's current liability and for purposes of determining a plan's required contribution under section 412(1) for any plan year—

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