Page:United States Statutes at Large Volume 88 Part 1.djvu/912

 868

PUBLIC LAW 93-406-SEPT. 2, 1974

[88 STAT.

participation, vesting, funding, and form of benefit, this part shall apply to the first plan year to which such election applies and to all subsequent plan years. (e)(1) No pension plan to which section 202 applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 202 first becomes effective with respect to such plan) which provides that any employee's participation in the plan would commence at any date later than the later of— (A) the date on which his participation would commence under the break in service rules of section 202(b), or (B) the date on which his participation would commence under the plan as in effect on January 1, 1974. (2) No pension plan to which section 203 applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 203 first becomes effective with respect to such plan) if such amendment provides that the nonforfeitable benefit derived from employer contributions to which an}'^ employee would be entitled is less than the lesser of the nonforfeitable benefit derived from employer contributions to which he would be entitled under-— (A) the break in service rules of section 202(b)(3), or (B) the plan as in effect on January 1, 1974. Subparagraph (B) shall not apply if the break in service rules under the plan would have been in violation of any law or rule of law in effect on January 1, 1974. PART 3—FUNDING COVERAGE

2 USC 1081.

26 USC 501,

26 USC 736. Post, p. 959.

g^^ gQ-j^ ^^^ This part shall apply to any employee pension benefit plan described in section 4(a), (and not exempted under section 4(b)), other than— (1) an employee welfare benefit plan; (2) an insurance contract plan described in subsection (b); (3) a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees; (4)(A) a plan which is established and maintained by a society, order, or association described in section 501(c)(8) or (9) of the Internal Revenue Code of 1954, if no part of the contributions to or under such plan are made by employers of participants in such plan; or (B) a trust described in section 501(c) (18) of such Code; (5) a plan which has not at any time after the date of enactment of this Act provided for employer contributions; (6) an agreement providing payments to a retired partner or deceased partner or a deceased partner's successor in interest as described in section 736 of the Internal Revenue Code of 1954; (7) an individual retirement account or annuity as described in section 408(a) of the Internal Revenue Code of 1954, or a retirement bond described in section 409 of such Code; (8) an individual account plan (other than a money purchase plan) and a defined benefit plan to the extent it is treated as an individual account plan (other than a money purchase plan) under section 3 (35)(B) of this title; or (9) an excess benefit plan.

�