Page:United States Statutes at Large Volume 115 Part 3.djvu/360

 115 STAT. 2434 PUBLIC LAW 107-134-^AN. 23, 2002 "(3) the amount of any credit or refund. "(b) SPECIAL RULES REGARDING PENSIONS, ETC.—In the case of a pension or other employee benefit plan, or any sponsor, administrator, participant, beneficiary, or other person with respect to such plan, affected by a disaster or action described in subsection (a), the Secretary may specify a period of up to 1 year which may be disregarded in determining the date by which any action is required or permitted to be completed under this title. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence. Applicability. "(c) SPECIAL RULES FOR OVERPAYMENTS.— The rules of section 7508(b) shall apply for purposes of this section.". (b) CLARIFICATION OF SCOPE OF ACTS SECRETARY MAY POST- 26 USC 7508. PONE.— Section 7508(a)(l)(K) (relating to time to be disregarded) is amended by striking "in regulations prescribed under this section". (c) CONFORMING AMENDMENTS TO ERISA. — (1) Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: 29 USC 1148. "SEC. 518. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON OF PRESIDENTIALLY DECLARED DISASTER OR TERROR- ISTIC OR MILITARY ACTIONS. "In the case of a pension or other employee benefit plan, or any sponsor, administrator, participant, beneficiary, or other person with respect to such plan, affected by a Presidentially declared disaster (as defined in section 1033(h)(3) of the Internal Revenue Code of 1986) or a terroristic or military action (as defined in section 692(c)(2) of such Code), the Secretary may, notwithstanding any other provision of law, prescribe, by notice or otherwise, a period of up to 1 year which may be disregarded in determining the date by which any action is required or permitted to be completed under this Act. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence.". (2) Section 4002 of Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302) is amended by adding at the end the following new subsection: "(i) SPECIAL RULES REGARDING DISASTERS, ETC. —In the case of a pension or other employee benefit plan, or any sponsor, administrator, participant, beneficiary, or other person with respect to such plan, affected by a Presidentially declared disaster (as defined in section 1033(h)(3) of the Internal Revenue Code of 1986) or a terroristic or military action (as defined in section 692(c)(2) of such Code), the corporation may, notwithstanding any other provision of law, prescribe, by notice or otherwise, a period of up to 1 year which may be disregarded in determining the date by which any action is required or permitted to be completed under this Act. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence.". (d) ADDITIONAL CONFORMING AMENDMENTS.— 26 USC 6404. (1) Section 6404 is amended— (A) by striking subsection (h);

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