Page:United States Statutes at Large Volume 94 Part 1.djvu/1302

 94 STAT. 1252

Additional or alternative requirements.

PUBLIC LAW 96-364—SEPT. 26, 1980

"(3) The determination under paragraph (1)(B) shall be made without regard to the overburden credit provided by section 4244. "(b) The corporation may prescribe additional or alternative requirements for assuring, in the case of a plan with respect to which notice is required by subsection (a)(1), that the persons described in subsection (a)(2)— "(1) receive appropriate notice that the plan is in reorganization, "(2) are adequately informed of the implications of reorganization status, and "(3) have reasonable access to information relevant to the plan's reorganization status. MINIMUM CONTRIBUTION REQUIREMENT

29 USC 1423.

Accumulated funding deficiency.

29 USC 1082.

Withdrawal liability payments.

"SEC. 4243, (a)(1) For any plan year for which a plan is in reorganization— "(A) the plan shall continue to maintain its funding standard account while it is in reorganization, and "(B) the plan's accumulated funding deficiency under section 302(a) for such plan year shall be equal to the excess (if any) of— "(i) the sum of the minimum contribution requirement for such plan year (taking into account any overburden credit under section 4244(a)) plus the plan's accumulated funding deficiency for the preceding plan year (determined under this section if the plan was in reorganization during such year or under section 302(a) if the plan was not in reorganization), over "(ii) amounts considered contributed by employers to or under the plan for the plan year (increased by any amount waived under subsection (f) for the plan year). "(2) For purposes of paragraph (1), withdrawal liability payments (whether or not received) which are due with respect to withdrawals before the end of the base plan year shall be considered amounts contributed by the employer to or under the plan if, as of the adjustment date, it was reasonable for the plan sponsor to anticipate that such payments would be made during the plan year. "(b)(1) Except as otherwise provided in this section, for purposes of this part the minimum contribution requirement for a plan year in which a plan is in reorganization is an amount equal to the excess of— "(A) the sum of— "(i) the plan's vested benefits charge for the plan year, and "(ii) the increase in normal cost for the plan year determined under the entry age normal funding method which is attributable to plan amendments adopted while the plan was in reorganization, over "(B) the amount of the overburden credit (if any) determined under section 4244 for the plan year. "(2) If the plan's current contribution base for the plan year is less than the plan's valuation contribution base for the plan year, the minimum contribution requirement for such plan year shall be equal to the product of the amount determined under paragraph (1) (after any adjustment required by this part other than this paragraph) and a fraction— "(A) the numerator of which is the plan's current contribution base for the plan year, and

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