Page:United States Statutes at Large Volume 102 Part 4.djvu/734

 102 STAT. 3704

PUBLIC LAW 100-647—NOV. 10, 1988 "(O) LUMP-SUM DISTRIBUTIONS OF ALTERNATE PAYEES.—If

any distribution or payment of the balance to the credit of an employee would be treated as a lump-sum distribution, then, for purposes of this subsection, the payment under a qualified domestic relations order (within the meaning of section 414(p)) of the balance to the credit of an alternate payee who is the spouse or former spouse of the employee shall be treated as a lump-sum distribution. For purposes of this subparagraph, the balance to the credit of the alternate payee shall not include any amount payable to the employee." 26 USC 402 note. Qo) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years ending after December 31, 1984. SEC. 6069. INCREASE IN EMPLOYER REVERSION TAX. (a) IN GENERAL.—Section 4980(a) of the 1986 Code is amended by striking out "10 percent" and inserting in lieu thereof "15 percent". 26 USC 4980

^ote.

26 USC 89 note.

(b) EFFECTIVE DATE.—

(1) IJJ GENERAL.—The amendment made by subsection (a) shall apply to reversions occurring on or after October 21, 1988. (2) EXCEPTION.—The amendment made by subsection (a) shall not apply to any reversion on or after October 21, 1988, pursuant to a plan termination if— (A) with respect to plans subject to title IV of the Employee Retirement Income Security Act of 1974, a notice of intent to terminate required under such title was provided to participants (or if no participants, to the Pension Benefit Guaranty Corporation) before October 21, 1988, (B) with respect to plans subject to title I of such Act, a notice of intent to reduce future accrueds required under section 204(h) of such Act was provided to participants in connection with the termination before October 21, 1988, (C) with respect to plans not subject to title I or IV of such Act, the Board of Directors of the employer approved the termination or the employer took other binding action before October 21, 1988, or (D) such plan termination was directed by a final order of a court of competent jurisdiction entered before October 21, 1988, and notice of such order was provided to participants before such date. SEC. 6070. DEFINITION OF PART-TIME EMPLOYEE FOR PURPOSES OP SECTION 89.

For purposes of section 89(f) of the 1986 Code, in the case of a plan maintained by an employer which employs fewer than 10 employees on a normal working day during a plan year, section 89(h)(1)(B) of such Code shall be applied— (1) by substituting "35 hours" for "17^2 hours" in the case of a plan year beginning in 1989, and (2) by substituting "25 hours" for "17^2 hours" in the case of plan years beginning in 1990. All persons treated as 1 employer for purposes of subsection (b), (c), (m), (n), or (o) of section 414 of the 1986 Code shall be treated as 1 employer for purposes of the preceding sentence.

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