Page:United States Statutes at Large Volume 103 Part 3.djvu/375

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2443 (4) Paragraph (2) of section 413 of ERISA is amended by 29 USC ills, striking the comma, (k; AMENDMENT RELATED TO SECTION 9343. — Section 403(c) of ERISA is amended by striking paragraph (3) and by redesignating 29 USC lios. paragraph (4) as paragraph (3). (X) AitraNDMENTS RELATED TO SECTION 9345. — (1) Section 407(d)(3)(C) of ERISA is amended by adjusting the 29 USC 1107. left-hand margination thereof 2 ems to the left. (2) Section 407(d)(9) of ERISA is amended— (A) by striking "such arrangement" and inserting "such individual account plan"; and (B) by adjusting the left-hand mai^ination thereof 2 ems to the right. (3) Section 407(f) of ERISA is amended— (A) in paragraph (1), by striking "this subsection" and inserting this paragraph; and (B) by striking paragraph (3). (4) Section 407(f)(1) of ERISA is amended by inserting ", immediately following the acquisition of such stock" after "if'. (5) Section 408(b) of ERISA is amended by adding at the end 29 USC 1108. the following new paragraph: "(12) The sale by a plan to a party in interest on or after Securities. December 18, 1987, of any stock, if— "(A) the requirements of paragraphs (1) and (2) of subsec- tion (e) are met with respect to such stock, "(B) on the later of the date on which the stock was acquired by the plan, or January 1, 1975, such stock con- stituted a qualifying employer security (as defined in sec- tion 407(d)(5) as then in effect), and "(C) such stock does not constitute a qualifying employer securi^ (as defin^ in section 407(d)(5) as in effect at the time 01 the sale).", (m) AMENDMENTS RELATED TO SECTION 9346. — dXA) Clause (iii) of section 411(c)(2)(C) is amended to read as 26 USC 411. follows: "(iii) interest on the sum of the amounts determined under clauses (i) and (ii) compounded annually— "(I) at the rate of 120 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of a plan year) for the period beginning with the 1st plan year to ^ 5: which subsection (a)(2) applies (by reason of the applicable effective date) and ending with the date on which the ^ determination is being mad^, and "(II) at the interest rate which would be used under the plan under section 417(e)(3) (as of the determination date) for the period b^^ning with the determination date and ending on the date on which the employee attains normal retirement age.". (B) Subparagraph (B) of section 411(c)(2) is amended to read as follows: "(B) DEFINED BENEFIT PLANS.— In the case of a defined benefit plan, the accrued benefit derived from contributions made by an employee as of any applicable date is the amount equal to the employee's accumulated contributions expressed as an eumual benefit commencing at normal retirement age, using an interest rate which would be used

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