Page:United States Statutes at Large Volume 94 Part 1.djvu/1336

 94 STAT. 1286

PUBLIC LAW 96-364—SEPT. 26, 1980 (until fully amortized) over 40 plan years, beginning with the plan year in which the change arises; and "(D) any change in past service liability which arises during the period of 2 plan years beginning on or after such date, and results from the changing of a group of participants from one benefit level to another benefit level under a schedule of plan benefits which— "(i) was adopted before such date, and "(ii) was effective for any plan participant before the beginning of the first plan year beginning on or after such date, shall be amortized in equal annual installments (until fully amortized) over 40 plan years, beginning with the plan year in which the change arises. "(7) SPECIAL RULES FOR MULTIEMPLOYER PLANS.—For purposes

of this section— "(A) WITHDRAWAL LIABILITY.—Any amount received by a

Ante, p. 1217.

multiemployer plan in payment of all or part of an employer's withdrawal liability under part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 shall be considered an amount contributed by the employer to or under the plan. The Secretary may prescribe by regulation additional charges and credits to a multiemployer plan's funding standard account to the extent necessary to prevent withdrawal liability payments from being unduly reflected as advance funding for plan liabilities. "(B) ADJUSTMENTS WHEN A MULTIEMPLOYER PLAN LEAVES

Ante, p. 1274.

REORGANIZATION.—If a multiemployer plan is not in reorganization in the plan year but was in reorganization in the immediately preceding plan year, any balance in the funding standard account at the close of such immediately preceding plan year— "(i) shall be eliminated by an offsetting credit or charge (as the case may be), but "(ii) shall be taken into account in subsequent plan years by being amortized in equal annual installments (until fully amortized) over 30 plan years. The preceding sentence shall not apply to the extent of any accumulated funding deficiency under section 418B(a) as of the end of the last plan year that the plan was in reorganization. "(C) PLAN PAYMENTS TO SUPPLEMENTAL PROGRAM OR WITHDRAWAL LIABILITY PAYMENT FUND.—Any amount paid by a

Ante, p. 1240. Post, p. 1290. Ante, p. 1241.

plan during a plan year to the Pension Benefit Guaranty Corporation pursuant to section 4222 of such Act or to a fund exempt under section 501(c)(22) pursuant to section 4223 of such Act shall reduce the amount of contributions considered received by the plan for the plan year. "(D) INTERIM WITHDRAWAL LIABILITY

Ante, p. 1217.

PAYMENTS.—Any

amount paid by an employer pending a final determination of the employer's withdrawal liability under part 1 of subtitle E of title IV of such Act and subsequently refunded to the employer by the plan shall be charged to the funding standard account in accordance with regulations prescribed by the Secretary. "(E) For purposes of the full funding limitation under subsection (c)(7), unless otherwise provided by the plan, the accrued liability under a multiemployer plan shall not

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