Page:United States Statutes at Large Volume 94 Part 1.djvu/1300

 94 STAT. 1250

Base plan year.

Relevant collective bargaining agreement.

Relevant effective date. Adjustment date.

PUBLIC LAW 96-364—SEPT. 26, 1980

"(II) at the election of the plan sponsor, actuarial valuation of the plan as of the adjustment date or any later date not later than the last day of the plan year for which the determination is being made, "(ii) any change in benefits under the plan which is not otherwise taken into account under this subparagraph and which is pursuant to any amendment— "(I) adopted before the end of the plan year for which the determination is being made, and "(II) effective after the end of the base plan year and on or before the end of the plan year referred to in subclause (I), and "(iii) any other event (including an event described in subparagraph (B)(i)(I)) which, as determined in accordance with regulations prescribed by the Secretary, would substantially increase the plan's vested benefit charge. "(B)(i) In determining the vested benefits charge for a plan year following a plan year in which the plan was not in reorganization, any change in benefits which— "(I) results from the changing of a group of participants from one benefit level to another benefit level under a schedule of plan benefits as a result of changes in a collective bargaining agreement, or "(II) results from any other change in a collective bargaining agreement, shall not be taken into account except to the extent provided in regulations prescribed by the Secretary of the Treasury. '(ii) Except as otherwise determined by the Secretary of the Treasury, in determining the vested benefits charge for any plan year following any plan year in which the plan was in reorganization, any change in benefits— "(I) described in clause (i)(I), or "(II) described in clause (i)(II) as determined under regulations prescribed by the Secretary of the Treasury, shall, for purposes of subparagraph (A)(ii), be treated as a change in benefits pursuant to an amendment to a plan. "(5)(A) For purposes of this part, the base plan year for any plan year is— "(i) if there is a relevant collective bargaining agreement, the last plan year ending at least 6 months before the relevant effective date, or "(ii) if there is no relevant collective bargaining agreement, the last plan year ending at least 12 months before the beginning of the plan year. "(B) For purposes of this part, a relevant collective bargaining agreement is a collective bargaining agreement— "(i) which is in effect for at least 6 months during the plan year, and "(ii) which has not been in effect for more than 36 months as of the end of the plan year. "(C) For purposes of this part, the relevant effective date is the earliest of the effective dates for the relevant collective bargaining agreements. "(D) For purposes of this part, the adjustment date is the date which is— "(i) 90 days before the relevant effective date, or "(ii) if there is no relevant effective date, 90 days before the beginning of the plan year.

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