Page:United States Statutes at Large Volume 96 Part 1.djvu/558

 96 STAT. 516

PUBLIC LAW 97-248—SEPT. 3, 1982 employee for whom such percentage is the highest for the year. "(ii) DETERMINATION OF P E R C E N T A G E. — The d e term i -

nation referred to in clause (i) shall be determined for each key employee by dividing the contributions for such employee by so m u c h of his total compensation for the year as does not exceed $200,000. "(iii) T R E A T M E N T OF AGGREGATION GROUPS.—

26 USC 401, 410.

"(I) For purposes of this subparagraph, all defined contribution plans required to be included in a n aggregation group under subsection (g)(2)(A)(i) shall be t r e a t e d a s one plan. "(II) This subparagraph shall not apply to any plan required to be included in a n aggregation group if such plan enables a defined benefit plan required to be included in such group to meet the requirements of section 401(a)(4) or 410. "(C) CERTAIN AMOUNTS N O T TAKEN INTO ACCOUNT.—For

purposes of this paragraph, any employer contribution a t t r i b u t a b l e to a salary reduction or similar a r r a n g e m e n t shall not be t a k e n into account. "(d) N O T M O R E T H A N $200,000 I N A N N U A L COMPENSATION T A K E N INTO ACCOUNT. —

"(1) IN GENERAL.—A plan meets the requirements of this subsection if the annual compensation of each employee t a k e n into account under the plan does not exceed the first $200,000. "(2) COST-OF-LIVING ADJUSTMENTS.—The Secretary shall a n n u ally adjust the $200,000 a m o u n t contained in paragraph (1) of this subsection and in clause (ii) of subsection (c)(2)(B) in the same m a n n e r as h e adjusts the dollar a m o u n t contained in section 415(c)(1)(A). "(e) P L A N M U S T M E E T REQUIREMENTS W I T H O U T T A K I N G I N TO ACCOUNT SOCIAL SECURITY A N D SIMILAR CONTRIBUTIONS A N D

26 USC 1401 etseq. 26 USC 3101 !o1^aV. -.m

42 USC 401.

BENEFITS.—A top-heavy plan shall not be t r e a t e d a s meeting the requirement of subsection (b) or (c) unless such plan meets such requirement without taking into account contributions or benefits under chapter 2 (relating to tax on self-employment income), chaptej. 21 (relating to Federal Insurance Contributions Act), title II of ^]^g Social Security Act, or any other Federal or State law. "(f) COORDINATION W H E R E EMPLOYER H A S 2 OR M O R E P L A N S. — The

Secretary shall prescribe such regulations a s may be necessary or appropriate to carry out the purposes of this section w h e r e the employer has 2 or more plans including (but not limited to) regulations to prevent inappropriate omissions or require duplication of minimum benefits or contributions. "(g) TO P - H E A V Y P L A N D E F I N E D. — For purposes of t h i s section— "(1) IN GENERAL. — "(A) P L A N S NOT REQUIRED TO BE AGGREGATED.—Except a s

provided in subparagraph (B), the term 'top-heavy plan' means, with respect to any plan year— "(i) any defined benefit plan if, as of the determination date, the present value of the cumulative accrued benefits under the plan for key employees exceeds 60 percent of the present value of the cumulative accrued benefits under the plan for all employees, and "(ii) any defined contribution plan if, a s of the determination date, the aggregate of the accounts of key

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