Page:United States Statutes at Large Volume 94 Part 1.djvu/1303

 PUBLIC LAW 96-364—SEPT. 26, 1980

94 STAT. 1253

"(B) the denominator of which is the plan's valuation contribution base for the plan year. "(8)(A) If the vested benefits charge for a plan year of a plan in reorganization is less than the plan's cash-flow amount for the plan year, the plan's minimum contribution requirement for the plan year is the amount determined under paragraph (1) (determined before the application of paragraph (2)) after substituting the term 'cashflow amount' for the term 'vested benefits charge' in paragraph (I)(A). "(B) For purposes of subparagraph (A), a plan's cash-flow amount for a plan year is an amount equal to— "(i) the amount of the benefits payable under the plan for the base plan year, plus the amount of the plan's administrative expenses for the base plan year, reduced by (ii) the value of the available plan assets for the base plan year determined under regulations prescribed by the Secretary of the Treasury, adjusted in a manner consistent with section 4241(b)(4). (c)(1) For purposes of this part, a plan's current contribution base for a plan year is the number of contribution base units with respect to which contributions are required to be made under the plan for that plan year, determined in accordance with regulations prescribed by the Secretary of the Treasury. "(2)(A) Except as provided in subparagraph (B), for purposes of this part a plan's valuation contribution base is the number of contribution base units for which contributions were received for the base plan year— "(i) adjusted to reflect declines in the contribution base which have occurred (or could reasonably be anticipated) as of the adjustment date for the plan year referred to in paragraph (1), '(ii) adjusted upward (in accordance with regulations prescribed by the Secretary of the Treasury) for any contribution base reduction in the base plan year caused by a strike or lockout or by unusual events, such as fire, earthquake, or severe weather conditions, and "(iii) adjusted (in accordance with regulations prescribed by the Secretary of the Treasury) for reductions in the contribution base resulting from transfers of liabilities. "(B) For any plan year— "(i) in which the plan is insolvent (within the meaning of section 4245(b)(1)), and "(ii) beginning with the first plan year beginning after the expiration of all relevant collective bargaining agreements which were in effect in the plg^n year in which the plan became insolvent, the plan's valuation contribution base is the greater of the number of contribution base units for which contributions were received for the first or second plan year preceding the first plan year in which the plan is insolvent, adjusted as provided in clause (ii) or (iii) of subparagraph (A). "(d)(1) Under regulations prescribed by the Secretary of the Treasury, the minimum contribution requirement applicable to any plan for any plan year which is determined under subsection (b) (without regard to subsection (b)(2)) shall not exceed an amount which is equal to the sum of— "(A) the greater of— "(i) the funding standard requirement for such plan year, or

Cash-flow amount.

Current contribution base.

Valuation countribution base.

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