Page:United States Statutes at Large Volume 120.djvu/3043

 120 STAT. 3012

Consultation. Notification.

VerDate 14-DEC-2004

09:16 Jul 13, 2007

Jkt 059194

PUBLIC LAW 109–432—DEC. 20, 2006 adjust the amount transferred under that subparagraph for the next fiscal year. ‘‘(4) ADDITIONAL AMOUNTS.— ‘‘(A) PREVIOUSLY CREDITED INTEREST.—Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section— ‘‘(i) shall be held in reserve by the Secretary until such time as necessary to make the payments under subparagraphs (A) and (B) of subsection (i)(1), as described in clause (ii); and ‘‘(ii) in the event that the amounts described in subsection (i)(1) are insufficient to make the maximum payments described in subparagraphs (A) and (B) of subsection (i)(1), shall be used by the Secretary to supplement the payments so that the maximum amount permitted under those paragraphs is paid. ‘‘(B) PREVIOUSLY ALLOCATED AMOUNTS.—All amounts allocated under subsection (g)(2) before the date of enactment of this subparagraph for the program described in section 406, but not appropriated before that date, shall be available to the Secretary to make the transfers described in paragraph (2). ‘‘(C) ADEQUACY OF PREVIOUSLY CREDITED INTEREST.— The Secretary shall— ‘‘(i) consult with the trustees of the plans described in paragraph (2) at reasonable intervals; and ‘‘(ii) notify Congress if a determination is made that the amounts held in reserve under subparagraph (A) are insufficient to meet future requirements under subparagraph (A)(ii). ‘‘(D) ADDITIONAL RESERVE AMOUNTS.—In addition to amounts held in reserve under subparagraph (A), there is authorized to be appropriated such sums as may be necessary for transfer to the fund to carry out the purposes of subparagraph (A)(ii). ‘‘(E) INAPPLICABILITY OF CAP.—The limitation described in subsection (i)(3)(A) shall not apply to payments made from the reserve fund under this paragraph. ‘‘(5) LIMITATIONS.— ‘‘(A) AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR.— The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a calendar year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after the transfer, for the next fiscal year for making the transfer under paragraph (2)(A). ‘‘(B) RATE OF CONTRIBUTIONS OF OBLIGORS.— ‘‘(i) IN GENERAL.— ‘‘(I) RATE.—A transfer under paragraph (2)(C) shall not be made for a calendar year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect

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