Page:United States Statutes at Large Volume 108 Part 6.djvu/469

 - -- s^^i^-^- PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 5037 (b) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.— Section 401(a), as amended by section 751 of tiiis Act, is further amended by adding at the end the following new paragraph: " (33) PROHIBITION ON BENEFIT INCREASES WHILE SPONSOR IS IN BANKRUPTCY. — "(A) IN GENERAL.—^A trust which is part of a plan to which this paragraph applies shall not constitute a quahfied trust under this section if an amendment to such plan is adopted while the employer is a debtor in a case under title 11, United States Code, or similar Federal or State law, if such amendment increases liabilities of the plan by reason of— "(i) any increase in benefits, "(ii) any change in the accrual of benefits, or become nonforfeitable under the plan, with respect to employees of the debtor, and such amendment is effective prior to the effective date of such employ- er's plan of reorgEuoization. "(B) EXCEPTIONS.—T h is paragraph shall not apply to any plan amendment if— "(i) the plan, were such amendment to tsike effect, would have a funded ciurent Uability percentage (as defined in section 412(1)(8)) of 100 percent or more, "(ii) the Secretary determines that such amendment is reasonable and provides for only de minimis increases in the Uabilities of the plan with respect to employees of the debtor, "(iii) such smiendment only repeals an amendment described in subsection 412(c)(8), or "(iv) such amendment is required as a condition of qualification under this part "(C) PLANS TO WHICH THIS PARAGRAPH APPLIES. — Th is paragraph shall apply only to plans (other than multiemployer plans) covered under section 4021 of the Employee Retirement Income Security Act of 1974. "(D) EMPLOYER.— For purposes of this paragraph, the term 'employer' means the employer referred to in section 412(c)(ll) (without regard to subparagraph (B) thereof)." (c) EFFECTIVE DATE OF PLAN AMENDMENT.--Section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) is amended by inserting at the end the following new subsection: "(f) For purposes of this section, the effective date of a plan amendment described in section 204(i)(l) shall be the effective date of the plan of reorganization of the employer described in section 204(i)(l) or, if later, the effective date stated in such amendment" (d) EFFECTIVE DATE.—The amendments made by this section 26 USC 40i note. shall apply to plan amendments adopted on or after the date of enactment of tiiis Act SEC. 767. SINGLE SUM DISTRIBUTIONS. (a) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 RELAT- ING TO MINIMUM BENEFITS.—
 * (iii) any change in the rate at which benefits

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