Page:United States Statutes at Large Volume 94 Part 1.djvu/1342

 94 STAT. 1292

29 USC 1301.

"Multiemployer plan." Ante, p. 1208.

26 USC 1.

Ante, p. 1288.

PUBLIC LAW 96-364—SEPT. 26, 1980

"(B) For purposes of this paragraph, all trades or businesses (whether or not incorporated) which are under common control within the meaning of section 4001(c)(1) are considered a single employer. "(C) Notwithstanding subparagraph (A), a plan is a multiemployer plan on and after its termination date if the plan was a multiemployer plan under this paragraph for the plan year preceding its termination date. "(D) For purposes of this title, notwithstanding the preceding provisions of this paragraph, for any plan year which began before the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, the term 'multiemployer plan' means a plan described in section 3(37) of this Act as in effect immediately before such date. "(E) Within one year after the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, a multiemployer plan may irrevocably elect, pursuant to procedures established by the corporation and subject to the provisions of sections 4403(b) and (c), that the plan shall not be treated as a multiemployer plan for all purposes under this Act or the Internal Revenue Code of 1954 if for each of the last 3 plan years ending prior to the effective date of the Multiemployer Pension Plan Amendments Act of 1980— "(i) the plan was not a multiemployer plan because the plan was not a plan described in section 3(37)(A)(iii) of this Act and section 414(f)(l)(C) of the Internal Revenue Code of 1954 (as such provisions were in effect on the day before the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980); and "(ii) the plan had been identified as a plan that was not a multiemployer plan in substantially all its filings with the corporation, the Secretary of Labor and the Secretary of the Treasury.". SEC. 303. MINIMUM VESTING REQUIREMENTS.

29 USC 1053.

Ante, pp. 1257, 1261. Ante, p. 1259.

Section 203 is amended— (1) by inserting after subsection (a)(3)(D) the following new subparagraph: "(E)(i) A right to an accrued benefit derived from employer contributions under a multiemployer plan shall not be treated as forfeitable solely because the plan provides that benefits accrued as a result of service with the participant's employer before the employer had an obligation to contribute under the plan may not be payable if the employer ceases contributions to the multiemployer plan. "(ii) A participant's right to an accrued benefit derived from employer contributions under a multiemployer plan shall not be treated as forfeitable solely because— "(I) the plan is amended to reduce benefits under section 4244A or 4281,or "(II) benefit payments under the plan may be suspended under section 4245 or 4281."; (2) in subsection (b)(l)(E), by striking out "and"; (3) in subsection (b)(1)(F), by striking out the period and inserting in lieu thereof "; and"; and (4) by inserting after subsection Ob)(l)(F) the following new subparagraph: "(G) in the case of a multiemployer plan, years of service— "(i) with an employer after—

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