Page:United States Statutes at Large Volume 119.djvu/2038

 119 STAT. 2020

PUBLIC LAW 109–73—SEPT. 23, 2005

(3) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2) of such Code, the period described in paragraph (1) shall be disregarded. (c) QUALIFIED INDIVIDUAL.—For purposes of this section, the term ‘‘qualified individual’’ means an individual whose principal place of abode on August 28, 2005, is located in the Hurricane Katrina disaster area and who has sustained an economic loss by reason of Hurricane Katrina. SEC. 104. PROVISIONS RELATING TO PLAN AMENDMENTS.

Effective date.

(a) IN GENERAL.—If this section applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A). (b) AMENDMENTS TO WHICH SECTION APPLIES.— (1) IN GENERAL.—This section shall apply to any amendment to any plan or annuity contract which is made— (A) pursuant to any amendment made by this title, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under this title, and (B) on or before the last day of the first plan year beginning on or after January 1, 2007, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), subparagraph (B) shall be applied by substituting the date which is 2 years after the date otherwise applied under subparagraph (B). (2) CONDITIONS.—This section shall not apply to any amendment unless— (A) during the period— (i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan), and (ii) ending on the date described in paragraph (1)(B) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (B) such plan or contract amendment applies retroactively for such period.

TITLE II—EMPLOYMENT RELIEF SEC. 201. WORK OPPORTUNITY TAX CREDIT FOR HURRICANE KATRINA EMPLOYEES.

(a) IN GENERAL.—For purposes of section 51 of the Internal Revenue Code of 1986, a Hurricane Katrina employee shall be treated as a member of a targeted group. (b) HURRICANE KATRINA EMPLOYEE.—For purposes of this section, the term ‘‘Hurricane Katrina employee’’ means— (1) any individual who on August 28, 2005, had a principal place of abode in the core disaster area and who is hired

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