Page:United States Statutes at Large Volume 122.djvu/5136

 12 2 STA T .5 11 3PUBLIC LA W 11 0–4 5 8—DE C. 23 , 2008 SEC.1 11. AM E ND MEN T S R E L ATED T O T I TLE X I. (a)AMEND MEN TR E LA TED T OS E C T I ON 1 1 04.— S ection 1104( d )(1) o f t h e 2 00 6 Act i s a m ended by st r i k in g‘ ‘Act ’ ’ the first pl ace it appears and inserting ‘‘section’’. (b) AMENDMENT S RELATED TO SECTION 110 5 .—Section 3 304(a) ofthe1 98 6 C ode is amended— (1) in paragraph (15)— (A) by redesignating cla u ses (i) and (ii) of subparagraph (A) as subclauses ( I ) and (II) , ( B ) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), (C) by striking the semicolon at the end of clause (ii) (as so redesignated) and inserting ‘‘, and’’, ( D ) by striking ‘‘(15)’’ and inserting ‘‘(15)(A) sub j ect to subparagraph (B),’’, and ( E ) by adding at the end the follo w ing

‘‘(B) the amount of compensation shall not be reduced on account of any payments of go v ernmental or other pen - sions, retirement or retired pay, annuity, or other similar payments which are not includible in the gross income of the individual for the ta x able year in which it was paid because it was part of a rollover distribution ’’, and (2) by striking the last sentence. (c) AMENDMENTS RELATED TO SECTION 1106.—Section 3(3 7 )( G ) of ERISA is amended by— (1) striking ‘‘paragraph’’ each place it appears in clauses (ii), (iii), and (v)(I) and inserting ‘‘subparagraph’’, (2) striking ‘‘subclause (i)(II)’’ in clause (iii) and inserting ‘‘clause (i)(II)’’, (3) striking ‘‘subparagraph’’ in clause (v)(II) and inserting ‘‘clause’’, and (4) by striking ‘‘section 101(b)(4)’’ in clause (v)(III) and inserting ‘‘section 101(b)(1)’’. SEC. 11 2 .E F FECTI V E DATE. Except as otherwise provided in this subtitle, the amendments made by this subtitle shall take effect as if included in the provisions of the 2006 Act to which the amendments relate. Subti t leB—O t h e rP r ov i s io n s SEC. 121. AMENDMENTS RELATED TO SECTIONS 1 0 2AND112OFT H E P ENSION PROTECTION ACT OF 200 6 . (a) AMENDMENT O F ERISA.— T he last sentence of section 303(g)(3)(B) of ERISA is amended to read as follows: ‘‘Any such averaging shall be adjusted for contributions, distributions, and expected earnings (as determined by the plan’s actuary on the basis of an assumed earnings rate specified by the actuary but not in excess of the third segment rate applicable under subsection (h)(2)(C)(iii)), as specified by the Secretary of the Treasury.’’. (b) AMENDMENT OF 1986 CODE.—The last sentence of section 430(g)(3)(B) of the 1986 Code is amended to read as follows: ‘‘Any such averaging shall be adjusted for contributions, distributions, and expected earnings (as determined by the plan’s actuary on the basis of an assumed earnings rate specified by the actuary 26USC430. 2 9 USC 1 0 8 3. 26 USC 7 2 note . 29 USC 1002. 26 USC 3304. 26USC4 5 7 note.

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