Page:United States Statutes at Large Volume 102 Part 4.djvu/727

 PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3697

not be less than the accrued benefit of the participant under the plan (determined without regard to any amendment of the plan made after October 14, 1987). "(B) QuAUFiED PARTICIPANT.—For purposes of this paragraph, the term 'qualified participant' means a participant who first became a participant in the plan maintained by the employer before Jgmuary 1, 1990. "(C) ELECTION.—This paragraph shall not apply to any plan unless each employer maintaining the plan elects before the close of the 1st plan year beginning after December 31, 1989, to have this subsection (other than paragraph (2)(G)) applied without regard to paragraph (2)(F)." (b) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in this subsection, the amendment made by this subsection apply to years beginning after December 31 1982. (2) ELECTION.—Section 415(b)(10XC) of the 1986 Code (as added by subsection (a)) shall not apply to any year beginning before January 1, 1990.

26 USC 415 note.

SEC. 6055. MINIMUM PARTICIPATION STANDARDS.

(a) IN GENERAL.—Section 401(a)(26) of the 1986 Code, as amended by this Act, is amended by redesignating subparagraph (H) as subparagraph (I) and by inserting after subparagraph (G) the following new subparagraph: "(H)

SPECIAL RULE FOR CERTAIN POUCE OR FIREFIGHTERS.—

"(i) IN GENERAL.—An employer may elect to have this paragraph applied separately with respect to any classification of qualified public safety employees for whom a separate plan is maintained. "(ii) QUALIFIED PUBLIC SAFETY EMPLOYEE.—For purposes of

this subparagraph, the term 'qualified public safety employee' means any employee of any police department or fire department organized and operated by a State or political subdivision if the employee provides police protection, flrefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision." 0)) EFFECTIVE DATE.—The amendment made by this section shall 26 USC 401 note. take effect as if included in the amendments made by section 1112(b) of the Reform Act. SEC. 6056. STUDY OF EFFECT OF MINIMUM PARTICIPATION RULE ON EMPLOYERS REQUIRED TO PROVIDE CERTAIN RETIREMENT BENEFITS.

(a) STUDY.—The Secretary of the Treasury or his d e l ^ a t e shall conduct a study on the application of section 401(a)(26) of the Internal Revenue Code of 1986 to Government contractors who— (1) are required by Federal law to provide certain employees specified retirement benefits, and (2) establish a separate plan for such employees while maintaining a separate plan for employees who are not entitled to such benefits. Such study shall consider the Federal requirements with respect to employee benefits for employees of Government contractors, whether a special minimum participation rule should apply to such

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