Page:United States Statutes at Large Volume 124.djvu/895

 124 STAT. 869 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(i) in the case of applicable individual remunera- tion which is for any disqualified taxable year begin- ning after December 31, 2012, and which is attrib- utable to services performed by an applicable indi- vidual during such taxable year, to the extent that the amount of such remuneration exceeds $500,000, or ‘‘(ii) in the case of deferred deduction remuneration for any taxable year beginning after December 31, 2012, which is attributable to services performed by an applicable individual during any disqualified tax- able year beginning after December 31, 2009, to the extent that the amount of such remuneration exceeds $500,000 reduced (but not below zero) by the sum of— ‘‘(I) the applicable individual remuneration for such disqualified taxable year, plus ‘‘(II) the portion of the deferred deduction remuneration for such services which was taken into account under this clause in a preceding tax- able year (or which would have been taken into account under this clause in a preceding taxable year if this clause were applied by substituting ‘December 31, 2009’ for ‘December 31, 2012’ in the matter preceding subclause (I)). ‘‘(B) DISQUALIFIED TAXABLE YEAR.—For purposes of this paragraph, the term ‘disqualified taxable year’ means, with respect to any employer, any taxable year for which such employer is a covered health insurance provider. ‘‘(C) COVERED HEALTH INSURANCE PROVIDER.—For pur- poses of this paragraph— ‘‘(i) IN GENERAL.—The term ‘covered health insur- ance provider’ means— ‘‘(I) with respect to taxable years beginning after December 31, 2009, and before January 1, 2013, any employer which is a health insurance issuer (as defined in section 9832(b)(2)) and which receives premiums from providing health insur- ance coverage (as defined in section 9832(b)(1)), and ‘‘(II) with respect to taxable years beginning after December 31, 2012, any employer which is a health insurance issuer (as defined in section 9832(b)(2)) and with respect to which not less than 25 percent of the gross premiums received from providing health insurance coverage (as defined in section 9832(b)(1)) is from minimum essential coverage (as defined in section 5000A(f)). ‘‘(ii) AGGREGATION RULES.—Two or more persons who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer, except that in applying section 1563(a) for purposes of any such subsection, para- graphs (2) and (3) thereof shall be disregarded. ‘‘(D) APPLICABLE INDIVIDUAL REMUNERATION.—For pur- poses of this paragraph, the term ‘applicable individual