Page:United States Statutes at Large Volume 120.djvu/945

 120 STAT. 914

PUBLIC LAW 109–280—AUG. 17, 2006

and employees who are not so covered, if the plan is in endangered status or in critical status, benefits of and contributions for the nonbargained employees, including surcharges on those contributions, shall be determined as if those nonbargained employees were covered under the first to expire of the employer’s collective bargaining agreements in effect when the plan entered endangered or critical status. ‘‘(2) NONBARGAINED EMPLOYEES ONLY.—In the case of an employer that contributes to a multiemployer plan only with respect to employees who are not covered by a collective bargaining agreement, this section shall be applied as if the employer were the bargaining party, and its participation agreement with the plan were a collective bargaining agreement with a term ending on the first day of the plan year beginning after the employer is provided the schedule or schedules described in subsections (c) and (e). ‘‘(i) DEFINITIONS; ACTUARIAL METHOD.—For purposes of this section— ‘‘(1) BARGAINING PARTY.—The term ‘bargaining party’ means— ‘‘(A)(i) except as provided in clause (ii), an employer who has an obligation to contribute under the plan; or ‘‘(ii) in the case of a plan described under section 404(c), or a continuation of such a plan, the association of employers that is the employer settlor of the plan; and ‘‘(B) an employee organization which, for purposes of collective bargaining, represents plan participants employed by an employer who has an obligation to contribute under the plan. ‘‘(2) FUNDED PERCENTAGE.—The term ‘funded percentage’ means the percentage equal to a fraction— ‘‘(A) the numerator of which is the value of the plan’s assets, as determined under section 431(c)(2), and ‘‘(B) the denominator of which is the accrued liability of the plan, determined using actuarial assumptions described in section 431(c)(3). ‘‘(3) ACCUMULATED FUNDING DEFICIENCY.—The term ‘accumulated funding deficiency’ has the meaning given such term in section 412(a). ‘‘(4) ACTIVE PARTICIPANT.—The term ‘active participant’ means, in connection with a multiemployer plan, a participant who is in covered service under the plan. ‘‘(5) INACTIVE PARTICIPANT.—The term ‘inactive participant’ means, in connection with a multiemployer plan, a participant, or the beneficiary or alternate payee of a participant, who— ‘‘(A) is not in covered service under the plan, and ‘‘(B) is in pay status under the plan or has a nonforfeitable right to benefits under the plan. ‘‘(6) PAY STATUS.—A person is in pay status under a multiemployer plan if— ‘‘(A) at any time during the current plan year, such person is a participant or beneficiary under the plan and is paid an early, late, normal, or disability retirement benefit under the plan (or a death benefit under the plan related to a retirement benefit), or

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