Page:United States Statutes at Large Volume 88 Part 1.djvu/969

 88 STAT. ]

PUBLIC LAW 93-406-SEPT. 2, 1974

925

404 shall be determined in accordance with regulations prescribed ^e use 404. by the Secretary or his delegate. "(8) EMPLOYEES OF LABOR UNIONS.—For purposes of this subsection, employees of employee representatives shall be treated as employees of an employer described in subsection (a)(1) if such representatives meet the requirements of sections 401(a) (4) and 410 with respect to such employees. AntV^' ^898^^' " (c) PLANS MAINTAINED BY MORE T H A N O N E EMPLOYER.—In the

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case of a plan maintained by more than one employer— "(1) PARTICIPATION.—Section 410(a) shall be applied as if all employees of each of the employers who maintain the plan were employed by a single employer, "(2) EXCLUSIVE BENEFIT.—For purposes of section 401(a), in determining whether the plan of an employer is for the exclusive benefit of his employees and their beneficiaries all plan participants shall be considered to be his employees. "(3) VESTING.—Section 411 shall be applied as if all employers ^"'e- P- 9OIwho maintain the plan constituted a single employer, except that the application of any rules with respect to breaks in service shall be made under regulations prescribed hj the Secretary of Labor. " (4) FUNDING.—The minimum funding standard provided by section 412 shall be determined as if all participants in the plan '^"^^' P- ^'^^• were employed by a single employer. " (5) LIABILITY FOR FUNDING TAX.—For a plan year the liability under section 4971 of each employer who maintains the plan shall ^"'^- P- ^20. , be determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary or his delegate— " (A) first on the basis of their respective delinquencies in meeting required employer contributions under the plan, and " (B) then on the basis of their respective liabilities for contributions under the plan. "(6) DEDUCTION LIMITATIONS.—Each applicable limitation provided by section 404(a) shall be determined as if all participants in the plan were employed by a single employer. The amounts contributed to or under the plan by each employer who maintains the plan, for the portion of this taxable year which is included within such a plan year, shall be considered not to exceed such a limitation if the anticipated employer contributions for such plan year (determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary or his delegate) do not exceed such limitation. If such anticipated contributions exceed such a limitation, the portion of each such employer's contributions which is not deductible under section 404 shall be determined in accordance with regulations prescribed by the Secretary or his delegate. Allocations of amounts under paragraphs (4), (5), and (6), among the employers maintaining the plan, shall not be inconsistent with regulations prescribed for this purpose by the Secretary or his delegate." SEC. 1015. DEFINITIONS AND SPECIAL RULES. Subpart B of part I of subchapter D of chapter 1 is amended by inserting after section 413 the following new section: "SEC. 414. DEFINITIONS AND SPECIAL RULES.

" (a) SERVICE FOR PREDECESSOR EMPLOYER.—For purposes of this part—

26 USC 414.

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