Page:United States Statutes at Large Volume 88 Part 1.djvu/1029

 88 STAT. ]

PUBLIC LAW 93-406-SEPT. 2, 1974

985

" (B) ill applying subsection (b)(1)(B) to the aggregate of such defined benefit plans for purposes of this subsection, the high 3 years of compensation taken into account shall be the period of consecutive calendar years (not more than 3) during which the individual had the greatest aggregate compensation from the employer. " (g) AGGREGATION or PLANS,—The Secretary or his delegate, in

applying the provisions of this section to benefits or contributions under more than one plan maintained by the same employer, and to any trusts, contracts, accounts, or bonds referred to in subsection (a)(2), with respect to which the participant has the control required under section 414(b) or (c), as modified by subsection (h), shall, under regulations prescribed by the Secretary or his delegate, disqualify one or more trusts, plans, contracts, accounts, or bonds, or any combination thereof until such benefits or contributions do not exceed the limitations contained in this section. I n addition to taking into account such other factors as may be necessary to carry out the purposes of subsections (e) and (f), the regulations prescribed under this paragraph shall provide that no plan which has been terminated shall be disqualified until all other trusts, plans, contracts, accounts, or bonds have been disqualified. " (h) 50 PERCENT CONTROL.—For purposes of applying subsections (b) and (c) of section 414 to this section, the phrase 'more than 50 percent' shall be substituted for the phrase 'at least 80 percent' each place it appears in section 1563(a)(1). "(i)

RECORDS NOT AVAILABLE FOR PAST PERIODS.—Where for

Ante, p. 925.

26 USC isea.

the

period before January 1, 1976, or (if later) the first day of the first plan year of the plan, the records necessary for the application of this section are not available, the Secretary or his delegate may by regulations prescribe alternative methods lor determining the amounts to be taken into account for such period. "(j)

REGULATIONS; DEFINITION OF YEAR.—The Secretary or

his

delegate shall prescribe such regulations as may be necessary to carry out the purposes of this section, including, but not limited to, regulations defining the term 'year' for purposes of any provision of this section, "(k)

SPECIAL RULES.— " (1) DEFINED BENEFIT PLAN AND DEFINED CONTRIBUTION PLAN.—

For purposes of this title, the term 'defined contribution plan' or 'defined benefit plan' means a defined contribution plan (within the meaning of section 414(i)) or a defined benefit plan (within the meaning of section 414(j)), whichever applies, which is— " (A) a plan described in section 401(a) which includes a trust which is exempt from tax under section 501(a), " (B) an annuity plan described in section 403(a), " (C) a qualified bond purchase plan described in section 405(a), " (D) an annuity a contract described in section 403(b), " (E) an individual retirement account described in section 408(a), " (F) an individual retirement annuity described in section 408(b), or " (G) an individual retirement bond described in section 409.". (3) S P E C I A L RULE FOR CERTAIN PLANS I N EFFECT O N DATE OF

26 USC 401. 26 USC 501. 26 USC 403. 26 USC 405. Ante. p. 959.

Ante, p. 964. 26 USC 415

ENACTMENT.—In any case in which, on the date of enactment of "°*^* this Act, an individual is a participant in both a defined benefit

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