Page:United States Statutes at Large Volume 94 Part 3.djvu/882

 94 STAT. 3526

PUBLIC LAW 96-605—DEC. 28, 1980

"(iv) the real property is acquired from, or is at any time after the acquisition leased by the qualified trust to, any person who— (I) bears a relationship which is described in 26 USC 4975. section 4975(e)(2)(C), (E), or (G) to any plan with respect to which such trust was formed, or "(II) bears a relationship which is described in section 4975(e)(2)(F) or (H) to any person described in subclause (I); or "(v) any person described in clause (iii) or (iv) provides the qualified trust with nonrecourse financing in connection with such transaction and such debt— "(I) is subordinate to any other indebtedness on such property, or "(II) bears interest at a rate which is significantly less than the rate available from any person not described in clause (iii) or (iv) at the time such indebtedness is incurred. "(C) QUALIFIED TRUST.—For purposes of this paragraph, the term 'qualified trust' means any trust which constitutes 26 USC 401. a qualified trust under section 401." 26 USC 514 note. (b) No PRECEDENT.—The amendment made by subsection (a) shall not be considered a precedent with respect to extending such amendment (or similar rules) to any other person. 26 USC 514 note. (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1980.

TITLE II—AMENDMENTS RELATING TO PENSION PLANS Subtitle A—Prevention of Abuse of Certain Pension Plan Provisions

26 USC 414.

SEC. 201. PREVENTION OF ABUSE OF CERTAIN PENSION PLAN PROVISIONS THROUGH THE USE OF SEPARATE CORPORATIONS OR OTHER ORGANIZATIONS. (a) IN GENERAL.—Section 414 (relating to definitions and special rules relating to pension plan, etc.) is amended by adding at the end thereof the following new subsection: "(m) EMPLOYEES OF AN AFFILIATED SERVICE GROUP.—

"(1) IN GENERAL.—For purposes of the employee benefit requirements listed in paragraph (4), except to the extent otherwise provided in regulations, all employees of the members of an affiliated service group shall be treated as employed by a single employer. "(2) AFFILIATED SERVICE GROUP.—For purposes of this subsection, the term 'affiliated service group' means a group consisting of a service organization (hereinafter in this paragraph referred to as the 'first organization') and one or more of the following: "(A) any service organization which— "(i) is a shareholder or partner in the first organization, and "(ii) regularly performs services for the first organization or is regularly associated with the first organization in performing services for third persons, and

�