Page:United States Statutes at Large Volume 116 Part 1.djvu/78

 116 STAT. 52 PUBLIC LAW 107-147—MAR. 9, 2002 29 USC 1054. 26 USC 4980F note. 26 USC 412. 29 USC 1082. (A) in subsection (e)(1) by striking "written notice" and inserting "the notice described in paragraph (2)", (B) by amending subsection (f)C2)(A) to read as follows: "(A) any defined benefit plan described in section 401(a) which includes a trust exempt from tax under section 501(a), or", and (C) in subsection (f)(3) by striking "significantly" both places it appears. (2) Section 204(h)(9) of the Employee Retirement Income Security Act of 1974 is amended by striking "significantly" both places it appears. (3) Section 659(c)(3)(B) of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking "(or" and inserting "(and". (v) AMENDMENTS RELATING TO SECTION 661 OF THE ACT. — (1) Section 412(c)(9)(B) is amended— (A) in clause (ii) by striking "125 percent" and inserting "100 percent", and (B) by adding at the end the following new clause: " (iv) LIMITATION.—^A change in funding method to use a prior year valuation, as provided in clause (ii), may not be made unless as of the valuation date within the prior plan year, the value of the assets of the plan are not less than 125 percent of the plan's current liability (as defined in paragraph (7)(B)).". (2) Section 302(c)(9)(B) of the Employee Retirement Income Security Act of 1974 is amended— (A) in clause (ii) by striking "125 percent" and inserting "100 percent", and (B) by adding at the end the following new clause: "(iv) A change in funding method to use a prior year valuation, as provided in clause (ii), may not be made unless as of the valuation date within the prior plan year, the value of the assets of the plan are not less than 125 percent of the plan's current liability (as defined in paragraph (7)(B)).". (w) AMENDMENTS RELATING TO SECTION 662 OF THE ACT. — (1) Section 404(k) is amended— (A) in paragraph (1) by striking "during the taxable year", (B) in paragraph (2)(B) by striking "(A)(iii)" and inserting "(A)(iv)", (C) in paragraph (4)(B) by striking "(iii)" and inserting "(iv)", and (D) by redesignating subparagraph (B) of paragraph (4) (as amended by subparagraph (C)) as subparagraph (C) of paragraph (4) and by inserting after subparagraph (A) the following new subparagraph: " (B) REINVESTMENT DIVIDENDS.—For purposes of subparagraph (A), an applicable dividend reinvested pursuant to clause (iii)(II) of paragraph (2)(A) shall be treated as paid in the taxable year of the corporation in which such dividend is reinvested in qualifying employer securities or in which the election under clause (iii) of paragraph (2)(A) is made, whichever is later.". (2) Section 404(k) is amended by adding at the end the following new paragraph:

�