Page:United States Statutes at Large Volume 94 Part 1.djvu/1343

 PUBLIC LAW 96-364—SEPT. 26, 1980

94 STAT. 1293

"(I) a complete withdrawal of such employer from the Ante, p. 1218. plan (within the meaning of section 4203), or "(II) to the extent permitted by regulations prescribed by the Secretary of the Treasury, a partial withdrawal described in section 4205(b)(2)(A)(i) in connection with Ante, p. 1221. the decertification of the collective bargaining representative; and "(ii) with any employer under the plan after the termina29 USC 1348. tion date of the plan under section 4048.". SEC. 304. MINIMUM FUNDING REQUIREMENTS.

(a) Section 301 is amended by adding at the end thereof the following new subsections: "(c) This part applies, with respect to a terminated multiemployer plan to which section 4021 applies, until the last day of the plan year in which the plan terminates, within the meaning of section 4041A(a)(2). "(d) Any amount of any financial assistance from the Pension Benefit Guaranty Corporation to any plan, and any repayment of such amount, shall be taken into account under this section in such manner as determined by the Secretary of the Treasury.", (b) Section 302 is amended— (1) in subsection (b), by striking out "(40 plan years in the case of a multiemployer plan)" and "(20 plan years in the case of a multiemployer plan)" each place they appear; (2) by inserting at the end of subsection (b) the following new paragraphs: "(6) In the case of a plan which, immediately before the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, was a multiemployer plan (within the meaning of section 3(37) as in effect immediately before such date)— "(A) any amount described in paragraph (2)(B)(ii), (2)(B)(iii), or (3)(B)(i) of this subsection which arose in a plan year beginning before such date shall be amortized in equal annual installments (until fully amortized) over 40 plan years, beginning with the plan year in which the amount arose; "(B) any amount described in paragraph (2)(B)(iv) or (3)(B)(ii) of this subsection which arose in a plan year beginning before such date shall be amortized in equal annual installments (until fully amortized) over 20 plan years, beginning with the plan year in which the amount arose; "(C) any change in past service liability which arises during the period of 3 plan years beginning on or after such date, and results from a plan amendment adopted before 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; 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,

29 USC 1081. 29 USC 1321. Ante, p. 1216.

29 USC 1082.

Ante, p. 1208. Ante, p. 1291.

�