Page:United States Statutes at Large Volume 88 Part 1.djvu/1019

 88 STAT. ]

PUBLIC LAW 93-406-SEPT. 2, 1974

975

or a plan described in section 403(a) or 405(a), which trust or ^6 USC'/o^5!' plan is exempt from tax under section 501(a), an individual retirement account described in section 408(a) or an individual retire- ^"*^> p- ^59. ment annuity described in section 408(b) or a retirement bond described in section 409 (or a trust, plan, account, annuity, or bond Ante, p, 9 6 4. which, at any time, has been determined by the Secretary or his delegate to be such a trust, plan, account, or bond). "(^) DISQUALIFIED PERSON.—For purposes of this section, the term 'disqualified person' means a person who is— " (A) a fiduciary; " (B) a person providing services to the plan; " (C) an employer any of whose employees are covered by the plan; " (D) an employee organization any of whose members are covered by the plan; " (E) an owner, direct or indirect, of 50 percent or more of— " (i) the combined voting power of all classes of stock, entitled to vote or the total value of shares of all classes of stock of a corporation, "(ii) the capital interest or the profits interest of a partnership, or "(iii) the beneficial interest of a trust or unincorporated enterprise, which is an employer or an employee organization described in subparagraph (C) or (D); " (F) a member of the family (as defined in paragraph (6)) of any individual described in subparagraph (A), (B), (G) a corporation, partnership, or trust or estate of which (or in which) 50 percent or more of— "(i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation, "(ii) the capital interest or profits interest of such partnership, or "(iii) the beneficial interest of such trust or estate, is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C), (D), or (E); " (H) an officer, director (or an individual having powers or responsibilities similar to those of officers or directors), a 10 percent or more shareholder, or a highly compensated employee (earning 10 percent or more of the yearly wages of an employer) of a person described in subparagraph (C), (D),(E),o/(G);or " (I) a 10 percent or more (in capital or profits) partner or ioint venturer of a person described in subparagraph (C), (D),(E),or(G). The Secretary, after consultation and coordination with the Secretary of Labor or his delegate, may by regulation prescribe a percentage lower than 50 percent for subparagraphs (E) and (G) and lower than 10 percent for subparagraphs (H) and (I). " (3) FIDUCIARY.—For purposes of this section, the term 'fiduciary' means any person who— " (A) exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets.

�