Page:United States Statutes at Large Volume 119.djvu/136

 119 STAT. 118

PUBLIC LAW 109–8—APR. 20, 2005 sums due for the balance of the term of the lease shall be a claim under section 502(b)(6);’’.

SEC. 446. DUTIES WITH RESPECT TO A DEBTOR WHO IS A PLAN ADMINISTRATOR OF AN EMPLOYEE BENEFIT PLAN.

(a) IN GENERAL.—Section 521(a) of title 11, United States Code, as amended by sections 106 and 304, is amended— (1) in paragraph (5), by striking ‘‘and’’ at the end; (2) in paragraph (6), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding after paragraph (6) the following: ‘‘(7) unless a trustee is serving in the case, continue to perform the obligations required of the administrator (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of an employee benefit plan if at the time of the commencement of the case the debtor (or any entity designated by the debtor) served as such administrator.’’. (b) DUTIES OF TRUSTEES.—Section 704(a) of title 11, United States Code, as amended by sections 102 and 219, is amended— (1) in paragraph (10), by striking ‘‘and’’ at the end; and (2) by adding at the end the following: ‘‘(11) if, at the time of the commencement of the case, the debtor (or any entity designated by the debtor) served as the administrator (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of an employee benefit plan, continue to perform the obligations required of the administrator; and’’. (c) CONFORMING AMENDMENT.—Section 1106(a)(1) of title 11, United States Code, is amended to read as follows: ‘‘(1) perform the duties of the trustee, as specified in paragraphs (2), (5), (7), (8), (9), (10), and (11) of section 704;’’. SEC. 447. APPOINTMENT OF COMMITTEE OF RETIRED EMPLOYEES.

Section 1114(d) of title 11, United States Code, is amended— (1) by striking ‘‘appoint’’ and inserting ‘‘order the appointment of’’, and (2) by adding at the end the following: ‘‘The United States trustee shall appoint any such committee.’’.

TITLE V—MUNICIPAL BANKRUPTCY PROVISIONS SEC. 501. PETITION AND PROCEEDINGS RELATED TO PETITION.

(a) TECHNICAL AMENDMENT RELATING TO MUNICIPALITIES.— Section 921(d) of title 11, United States Code, is amended by inserting ‘‘notwithstanding section 301(b)’’ before the period at the end. (b) CONFORMING AMENDMENT.—Section 301 of title 11, United States Code, is amended— (1) by inserting ‘‘(a)’’ before ‘‘A voluntary’’; and (2) by striking the last sentence and inserting the following: ‘‘(b) The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.’’. SEC. 502. APPLICABILITY OF OTHER SECTIONS TO CHAPTER 9.

Section 901(a) of title 11, United States Code, is amended—

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