Page:United States Statutes at Large Volume 88 Part 1.djvu/968

 924

Ante, p. 914.

26 USC 413.

P U B L I C LAW 9 3 - 4 0 6 - S E P T. 2, 1974

on the u n f u n d e d p a s t service liabilities described i n clauses (i), ( i i), and ( i i i) of section 4 1 2 (b)(2)(B) of the I n t e r n a l Revenue Code of 1954. SEC. 1014. COLLECTIVELY BARGAINED PLANS, ETC. Subpart B of part I of subchapter D of chapter 1 ( r e l a t i n g to special rules) is amended by inserting after section 412 the following new section: "SEC. 413. COLLECTIVELY BARGAINED PLANS, ETC. "(a)

An<e, p. 898.

ZT:. "om^*' Ante, p. 901,

[88 STAT.

APPLICATION OF S U B S E C T I O N (b). — S u b s e c t i o n (b) a p p l i e s to —

" (1) a p l a n m a i n t a i n e d pursuant to a n a g r e e m e n t which the Secretary of Labor finds to be a collective-bargaining a g r e e m e n t between employee representatives and one o r more employers, and " (2) each t r u s t which i s a part of such p l a n. " (b) GENERAL RULE. — I f t h i s subsection applies to a p l a n, notwithstanding any other provision of t h i s title — " (1) PARTICIPATION.—Section 410 shall bc a p p l i e d a s if a l l employees of each of the e m p l o y e r s w h o a r e part i e s to the collect i v e - b a r g a i n i n g a g r e e m e n t and w h o are subject to the same benefit c o m p u t a t i o n for m u l a under the p l a n were e m p l o y e d by a single employer. " (2) D I S C R I M I N A T I O N, ETC.-Sections 401(a)(4) and 411 (d)(3)

shall be a p p l i e d a s if a l l part i c i p a n t s w h o a r e subject to the same benefit c o m p u t a t i o n for m u l a and who a r e employed by employers w h o a r e part i e s to the collective b a r g a i n i n g a g r e e m e n t w e r e employed by a single employer. "(3)

E X C L U S IV E B E N E F I T. — For purposes of section 4 0 1 (a), i n

determining w h e the r the p l a n of a n employer is for the exclusive benefit of h i s employees and the i r beneficiaries, a l l p l a n part i c i p a n t s shall be considered to be h i s employees. " (4) V E S T I N G. — S e c t i o n 411 ( other than subsection (d)(3)) shall be a p p l i e d as if all employers who h a v e been part i e s to the collective-bargaining a g r e e m e n t constituted a single employer, except that the application of any rules w i t h respect to b r e a k s i n service shall be m a d e under r e g u l a t i o n s prescribed by the Secretary of Labor. " (5) F U N D I N G. — The minimum f u n d i n g standard provided by section 412 shall be determined as if a l l part i c i p a n t s i n the p l a n were employed by a single employer. Ante, p. 920.

" (6) L I A B I L I T Y FOR F U N D I N G T A X. — For a p l a n year the l i a b i l i t y

under section 4971 of each e m p l o y e r w h o is a party to the collective b a r g a i n i n g a g r e e m e n t shall be determined in a reasonable m a n n e r not inconsistent w i t h r e g u l a t i o n s prescribed by the Secretary o r his delegate— " (A) first on the basis of the i r respective delinquencies in m e e t i n g required e m p l o y e r c o n t r i b u t i o n s under the p l a n, and " (B) the n on the basis of the i r respective liabilities for contributions under the plan. " (7)

26 USC 404.

DEDUCTION LIMITATIONS.—Each applicable limitation pro-

vided by section 4 0 4 (a) shall be determined as if all part i c i p a n t s in the p l a n were employed by a single employer. The a m o u n t s c o n t r i b u t e d to o r under the p l a n by each employer who is a party to the agreement, for the p o r t i o n of h i s tax a b l e year which is included w i t h i n such a p l a n year, shall be considered not to exceed such a l i m i t a t i o n if the a n t i c i p a t e d employer c o n t r i b u t i o n s for such p l a n year ( determined in a m a n n e r consistent w i t h the m a n n e r in which actual employer contributions for such p l a n year a r e determined) do not exceed such l i m i t a t i o n. I f such anticipated c o n t r i b u t i o n s exceed such a l i m i t a t i o n, the portion of each such employer's c o n t r i b u t i o n s which is not deductible under section

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