Page:United States Statutes at Large Volume 124.djvu/1325

 124 STAT. 1299 PUBLIC LAW 111–192—JUNE 25, 2010 (determined without regard to section 414(c) of the Internal Revenue Code) and 100 percent of the employers are described in section 501(c)(3) of such Code.’’. (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by subsection (a) shall take effect as if included in the Pension Protection Act of 2006. (2) ELIGIBLE CHARITY PLAN.—The amendments made by subsection (b) shall apply to plan years beginning after December 31, 2007, except that a plan sponsor may elect to apply such amendments to plan years beginning after December 31, 2008. Any such election shall be made at such time, and in such form and manner, as shall be prescribed by the Sec- retary of the Treasury, and may be revoked only with the consent of the Secretary of the Treasury. SEC. 203. LOOKBACK FOR CERTAIN BENEFIT RESTRICTIONS. (a) IN GENERAL.— (1) AMENDMENT TO ERISA.—Section 206(g)(9) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS.—Solely for pur- poses of any applicable provision— ‘‘(i) IN GENERAL.—For plan years beginning on or after October 1, 2008, and before October 1, 2010, the adjusted funding target attainment percentage of a plan shall be the greater of— ‘‘(I) such percentage, as determined without regard to this subparagraph, or ‘‘(II) the adjusted funding target attainment percentage for such plan for the plan year begin- ning after October 1, 2007, and before October 1, 2008, as determined under rules prescribed by the Secretary of the Treasury. ‘‘(ii) SPECIAL RULE.—In the case of a plan for which the valuation date is not the first day of the plan year— ‘‘(I) clause (i) shall apply to plan years begin- ning after December 31, 2007, and before January 1, 2010, and ‘‘(II) clause (i)(II) shall apply based on the last plan year beginning before November 1, 2007, as determined under rules prescribed by the Sec- retary of the Treasury. ‘‘(iii) APPLICABLE PROVISION.—For purposes of this subparagraph, the term ‘applicable provision’ means— ‘‘(I) paragraph (3), but only for purposes of applying such paragraph to a payment which, as determined under rules prescribed by the Sec- retary of the Treasury, is a payment under a social security leveling option which accelerates pay- ments under the plan before, and reduces pay- ments after, a participant starts receiving social security benefits in order to provide substantially similar aggregate payments both before and after such benefits are received, and ‘‘(II) paragraph (4).’’. Time periods. 29 USC 1056. 26 USC 436 note. Applicability. 26 USC 401 note.