Page:United States Statutes at Large Volume 120.djvu/1062

 PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 1031

‘‘(B) EXCEPTION FOR CERTAIN ESOPS.—Such term does not include an employee stock ownership plan if— ‘‘(i) there are no contributions to such plan (or earnings thereunder) which are held within such plan and are subject to subsection (k) or (m) of section 401 of the Internal Revenue Code of 1986, and ‘‘(ii) such plan is a separate plan (for purposes of section 414(l) of such Code) with respect to any other defined benefit plan or individual account plan maintained by the same employer or employers. ‘‘(C) EXCEPTION FOR ONE PARTICIPANT PLANS.—Such term shall not include a one-participant retirement plan (as defined in section 101(i)(8)(B)). ‘‘(D) CERTAIN PLANS TREATED AS HOLDING PUBLICLY TRADED EMPLOYER SECURITIES.— ‘‘(i) IN GENERAL.—Except as provided in regulations or in clause (ii), a plan holding employer securities which are not publicly traded employer securities shall be treated as holding publicly traded employer securities if any employer corporation, or any member of a controlled group of corporations which includes such employer corporation, has issued a class of stock which is a publicly traded employer security. ‘‘(ii) EXCEPTION FOR CERTAIN CONTROLLED GROUPS WITH PUBLICLY TRADED SECURITIES.—Clause (i) shall not apply to a plan if— ‘‘(I) no employer corporation, or parent corporation of an employer corporation, has issued any publicly traded employer security, and ‘‘(II) no employer corporation, or parent corporation of an employer corporation, has issued any special class of stock which grants particular rights to, or bears particular risks for, the holder or issuer with respect to any corporation described in clause (i) which has issued any publicly traded employer security. ‘‘(iii) DEFINITIONS.—For purposes of this subparagraph, the term— ‘‘(I) ‘controlled group of corporations’ has the meaning given such term by section 1563(a) of the Internal Revenue Code of 1986, except that ‘50 percent’ shall be substituted for ‘80 percent’ each place it appears, ‘‘(II) ‘employer corporation’ means a corporation which is an employer maintaining the plan, and ‘‘(III) ‘parent corporation’ has the meaning given such term by section 424(e) of such Code. ‘‘(6) OTHER DEFINITIONS.—For purposes of this paragraph— ‘‘(A) APPLICABLE INDIVIDUAL.—The term ‘applicable individual’ means— ‘‘(i) any participant in the plan, and ‘‘(ii) any beneficiary who has an account under the plan with respect to which the beneficiary is entitled to exercise the rights of a participant.

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