Page:United States Statutes at Large Volume 111 Part 1.djvu/1084

 Ill STAT. 1060 PUBLIC LAW 105-34—AUG. 5, 1997 the participant's accrued benefit (within the meaning of section 3(23)) and under which the survivor annuity is 50 percent of the amount of the annuity which is payable during the joint hves of the participant and the spouse.". (b) AMENDMENT TO 1986 CODE.— Section 401(a)(13) (relating to assignment and alienation) is amended by adding at the end the following: "(C) SPECIAL RULE FOR CERTAIN JUDGMENTS AND SETTLEMENTS.— Subparagraph (A) shall not apply to any offset of a participant's benefits provided under a plan against an amount that the participant is ordered or required to pay to the plan if— "(i) the order or requirement to pay arises— "(I) under a judgment of conviction for a crime involving such plan, "(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 subtitle B of title I of the Employee Retirement Income Security Act of 1974, or "(III) pursuant to a settlement agreement between the Secretary of Labor 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 such subtitle by a fiduciary or any other person, "(ii) 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 "(iii) in a case in which the survivor annuity requirements of section 401(a)(ll) 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 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 417(a)(2)(B)), or an election to waive the right of the spouse to either a qualified joint and survivor annuity or a qualified preretirement survivor annuity is in effect in accordance with the requirements of section 417(a), "(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 such 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

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