Page:United States Statutes at Large Volume 94 Part 1.djvu/1358

 94 STAT. 1308 29 USC 1103.

PUBLIC LAW 96-364—SEPT. 26, 1980

SEC. 410. REFUND OF MISTAKEN CONTRIBUTIONS.

(a) Paragraph (2)(A) of section 403(c) is amended to read as follows: "(2)(A) In the case of a contribution, or a payment of withAnte, p. 1217. drawal liability under part 1 of subtitle E of part iv— "(i) made by an employer to a plan (other than a multiemployer plan) by a mistake of fact, paragraph (1) shall not prohibit the return of such contribution to the employer within one year after the payment of the contribution, and "(ii) made by an employer to a multiemployer plan by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) of the Inter26 USC 401. nal Revenue C!ode of 1954 or the trust which is part of such plan is exempt from taxation under section 501(a) of such 26 USC 501. Code), paragraph (1) shall not prohibit the return of such contribution or payment to the employer within 6 months after the plan administrator determines that the contribution was made by such a mistake.". (b) Paragraph (2) of section 401(a) of the Internal Revenue Code of 26 USC 401. 1954 (relating to exclusive benefit of employees and beneficiaries) is amended by inserting before the semicolon at the end thereof the following:' Obut this paragraph shall not be construed, in the case of a multiemployer plan, to prohibit the return of a contribution within 6 months after the plan administrator determines that the contribution was made by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) or the trust which is part of such plan is exempt from taxation under section 501(a)).". Effective date. (c) The amendment made by this section shall take effect on 26 USC 401 note. January 1, 1975, except that in the case of contributions received by a collectively bargained plan maintained by more than one employer before the date of enactment of this Act, any determination by the plan administrator that any such contribution was made by mistake of fact or law before such date shall be deemed to have been made on such date of enactment. SEC. 411. DEFINITION OF EMPLOYEE PENSION BENEFIT PLAN.

29 USC 1051.

29 USC 1081.

29 USC 1103.

(a) Section 201 of the Employee Retirement Income Security Act of 1974 is amended by adding at the end thereof the following new subsection: "(8) Any plan, fund or program under which an employer, all of whose stock is directly or indirectly owned by employees, former employees or their beneficiaries, proposes through an unfunded arrangement to compensate retired employees for benefits which were forfeited by such employees under a pension plan maintained by a former employer prior to the date such pension plan became subject to this Act.". Ob) Section 301(a) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end thereof the following new paragraph: "(10) Any plan, fund or program under which an employer, all of whose stock is directly or indirectly owned by employees, former employees or their beneficiaries, proposes through an unfunded arrangement to compensate retired employees for benefits which were forfeited by such employees under a pension plan maintained by a former employer prior to the date such pension plan became subject to this Act.". (c) Section 403(b) of ERISA is amended by adding at the end thereof the following new paragraph (6):

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