Page:United States Statutes at Large Volume 111 Part 1.djvu/1083

 PUBLIC LAW 105-34—AUG. 5, 1997 111 STAT. 1059 "(ii) under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with a violation (or alleged violation) of part 4 of this subtitle, or "(iii) pursuant to a settlement agreement between the Secretary and the participant, or a settlement agreement between the Pension Benefit Guaranty Corporation and the participant, in connection with a violation (or alleged violation) of part 4 of this subtitle by a fiduciary or any other person, "(B) the judgment, order, decree, or settlement agreement expressly provides for the offset of all or part of the amount ordered or required to be paid to the plan against the participant's benefits provided under the plan, and "(C) in a case in which the survivor annuity requirements of section 205 apply with respect to distributions from the plan to the participant, if the participant has a spouse at the time at which the offset is to be made— "(i) either— "(I) such spouse has consented in writing to such offset and such consent is witnessed by a notary public or representative of the plan (or it is established to the satisfaction of a plan representative that such consent may not be obtained by reason of circumstances described in section 205(c)(2)(B)), or "(II) an election to waive the right of the spouse to a qualified joint and survivor annuity or a qualified preretirement survivor annuity is in effect in accordance with the requirements of section 205(c), "(ii) such spouse is ordered or required in such judgment, order, decree, or settlement to pay an amount to the plan in connection with a violation of part 4 of this subtitle, or "(iii) in such judgment, order, decree, or settlement, such spouse retains the right to receive the survivor annuity under a qualified joint and survivor annuity provided pursuant to section 205(a)(1) and under a qualified preretirement survivor annuity provided pursuant to section 205(a)(2), determined in accordance with paragraph (5). A plan shall not be treated as failing to meet the requirements of section 205 solely by reason of an offset under this paragraph. "(5)(A) The survivor annuity described in paragraph (4)(C)(iii) shall be determined as if— "(i) the participant terminated employment on the date of the offset, "(ii) there was no offset, "(iii) the plan permitted commencement of benefits only on or after normal retirement age, "(iv) the plan provided only the minimum-required qualified joint and survivor annuity, and "(v) the amount of the qualified preretirement survivor annuity under the plan is equal to the amount of the survivor ainnuity payable under the minimum-required qualified joint and survivor annuity. "(B) For purposes of this paragraph, the term 'minimumrequired qualified joint and survivor annuity' means the qualified joint and survivor annuity which is the actuarial equivalent of

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