Page:United States Statutes at Large Volume 94 Part 1.djvu/1325

 PUBLIC LAW 96-364—SEPT. 26, 1980

94 STAT. 1275

(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) MINIMUM CONTRIBUTION REQUIREMENT.—

"(1) IN GENERAL.—Except as otherwise provided in this section for purposes of this subpart 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 418C for the plan year. "(2)

ADJUSTMENT FOR REDUCTIONS IN CONTRIBUTION BASE

UNITS.—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 subpart other than this paragraph) multiplied by a fraction— "(A) the numerator of which is the plan's current contribution base for the plan year, and "(B) the denominator of which is the plan's valuation contribution base for the plan year. "(3) SPECIAL RULE WHERE CASH-FLOW AMOUNT EXCEEDS VESTED BENEFITS CHARGE.—

"(A) IN GENERAL.—If the vested benefits charge for a plan year of a plan in reorganization is less than the plan's cashflow 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 'cash-flow amount' for the term 'vested benefits charge' in paragraph (1)(A). "(B) CASH-FLOW AMOUNT.—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, adjusted in a manner consistent with section 418(b)(4). "(c) CURRENT CONTRIBUTION BASE; VALUATION CONTRIBUTION BASE.— "(1) CURRENT CONTRIBUTION BASE.—For purposes of this sub-

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

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