Page:United States Statutes at Large Volume 120.djvu/847

 120 STAT. 816

PUBLIC LAW 109–280—AUG. 17, 2006

(or, if earlier, the date such percentage is deemed to be less than 60 percent under section 206(g)(7)), and ‘‘(3) at such other time as may be determined by the Secretary of the Treasury. The notice required to be provided under this subsection shall be in writing, except that such notice may be in electronic or other form to the extent that such form is reasonably accessible to the recipient.’’. (2) ENFORCEMENT.—Section 502(c)(4) of such Act (29 U.S.C. 1132(c)(4)) is amended by striking ‘‘section 302(b)(7)(F)(iv)’’ and inserting ‘‘section 101(j) or 302(b)(7)(F)(iv)’’. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall apply to plan years beginning after December 31, 2007. (2) COLLECTIVE BARGAINING EXCEPTION.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before January 1, 2008, the amendments made by this section shall not apply to plan years beginning before the earlier of— (A) the later of— (i) the date on which the last collective bargaining agreement relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (ii) the first day of the first plan year to which the amendments made by this subsection would (but for this subparagraph) apply, or (B) January 1, 2010. For purposes of subparagraph (A)(i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.

29 USC 1021 note.

26 USC 401 note.

SEC. 104. SPECIAL RULES FOR MULTIPLE EMPLOYER PLANS OF CERTAIN COOPERATIVES.

(a) GENERAL RULE.—Except as provided in this section, if a plan in existence on July 26, 2005, was an eligible cooperative plan for its plan year which includes such date, the amendments made by this subtitle and subtitle B shall not apply to plan years beginning before the earlier of— (1) the first plan year for which the plan ceases to be an eligible cooperative plan, or (2) January 1, 2017. (b) INTEREST RATE.—In applying section 302(b)(5)(B) of the Employee Retirement Income Security Act of 1974 and section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as in effect before the amendments made by this subtitle and subtitle B) to an eligible cooperative plan for plan years beginning after December 31, 2007, and before the first plan year to which such amendments apply, the third segment rate determined under section 303(h)(2)(C)(iii) of such Act and section 430(h)(2)(C)(iii) of such Code (as added by such amendments) shall be used in lieu of the interest rate otherwise used. (c) ELIGIBLE COOPERATIVE PLAN DEFINED.—For purposes of this section, a plan shall be treated as an eligible cooperative

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