Page:United States Statutes at Large Volume 120.djvu/213

 120 STAT. 182

Deadline.

29 USC 1306 note.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–171—FEB. 8, 2006

‘‘(A) IN GENERAL.—If there is a termination of a singleemployer plan under clause (ii) or (iii) of section 4041(c)(2)(B) or section 4042, there shall be payable to the corporation, with respect to each applicable 12-month period, a premium at a rate equal to $1,250 multiplied by the number of individuals who were participants in the plan immediately before the termination date. Such premium shall be in addition to any other premium under this section. ‘‘(B) SPECIAL RULE FOR PLANS TERMINATED IN BANKRUPTCY REORGANIZATION.—In the case of a single-employer plan terminated under section 4041(c)(2)(B)(ii) or under section 4042 during pendency of any bankruptcy reorganization proceeding under chapter 11 of title 11, United States Code, or under any similar law of a State or a political subdivision of a State (or a case described in section 4041(c)(2)(B)(i) filed by or against such person has been converted, as of such date, to such a case in which reorganization is sought), subparagraph (A) shall not apply to such plan until the date of the discharge or dismissal of such person in such case. ‘‘(C) APPLICABLE 12-MONTH PERIOD.—For purposes of subparagraph (A)— ‘‘(i) IN GENERAL.—The term ‘applicable 12-month period’ means— ‘‘(I) the 12-month period beginning with the first month following the month in which the termination date occurs, and ‘‘(II) each of the first two 12-month periods immediately following the period described in subclause (I). ‘‘(ii) PLANS TERMINATED IN BANKRUPTCY REORGANIZATION.—In any case in which the requirements of subparagraph (B)(i)(I) are met in connection with the termination of the plan with respect to 1 or more persons described in such subparagraph, the 12-month period described in clause (i)(I) shall be the 12-month period beginning with the first month following the month which includes the earliest date as of which each such person is discharged or dismissed in the case described in such clause in connection with such person. ‘‘(D) COORDINATION WITH SECTION 4007.— ‘‘(i) Notwithstanding section 4007— ‘‘(I) premiums under this paragraph shall be due within 30 days after the beginning of any applicable 12-month period, and ‘‘(II) the designated payor shall be the person who is the contributing sponsor as of immediately before the termination date. ‘‘(ii) The fifth sentence of section 4007(a) shall not apply in connection with premiums determined under this paragraph. ‘‘(E) TERMINATION.—Subparagraph (A) shall not apply with respect to any plan terminated after December 31, 2010.’’. (c) CONFORMING AMENDMENT.—Section 4006(a)(3)(B) of such Act (29 U.S.C. 1306(a)(3)(B)) is amended by striking ‘‘subparagraph (A)(iii)’’ and inserting ‘‘clause (iii) or (iv) of subparagraph (A)’’. (d) EFFECTIVE DATES.—

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