Page:United States Statutes at Large Volume 94 Part 1.djvu/1346

 94 STAT. 1296 Ante, p. 1217.

Ante, p. 1244. 29 USC 1108. 29 USC 1106.

PUBLIC LAW 96-364—SEPT. 26, 1980

"(10) Any transaction required or permitted under part 1 of subtitle E of title IV. "(11) A merger of multiemployer plans, or the transfer of assets or liabilities between multiemployer plans, determined by the Pension Benefit Guaranty Corporation to meet the requirements of section 4231.". (h) Section 408 is amended by adding at the end thereof the following new subsection: "(f) Section 40603)(2) shall not apply to any merger or transfer described in subsection 03)(11).". SEC. 309. FIDUCIARY DUTIES.

29 USC 1104.

Section 404(a)(1)(D) is amended by inserting "or title IV" after "this title". SEC. 310. REFUND OF CERTAIN WITHDRAWAL LIABILITY PAYMENTS.

29 USC 1103.

Section 403(c) is amended— (1) by striking out "or (3)" in paragraph (1) and inserting in lieu thereof ",(3), or (4)"; and (2) by adding at the end thereof the following new paragraph: "(4) In the case of a withdrawal liability payment which has been determined to be an overpayment, paragraph (1) shall not prohibit the return of such payment to the employer within 6 months after the date of such determination.". TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. AMENDMENT OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

29 USC 1001 note.

Whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference is to a section or other provision of the Employee Retirement Income Security Act of 1974. SEC. 402. RELATED TECHNICAL AMENDMENTS.

29 USC 1301.

"Multiemployer plan."

Ante, p. 1208. Ante, p. 1288.

(a)(1) Section 4001 is amended— (A) in subsection (a)(2), by inserting "(other than a multiemployer plan)" after "more than one employer"; (B) by striking out subsection (a)(3) and inserting in lieu thereof the following: "(3) 'multiemployer plan' means a plan— "(A) to which more than one employer is required to contribute, "(B) which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer, and "(C) which satisfies such other requirements as the Secretary of Labor may prescribe by regulation, except that, in applying this paragraph— "(i) a plan shall be considered a multiemployer plan on and after its termination date if the plan was a multiemployer plan under this paragraph for the plan year preceding such termination, and "(ii) 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 414(f) of the Internal Revenue Code of 1954 as in effect immediately before such date;";

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