Page:United States Statutes at Large Volume 96 Part 1.djvu/562

 96 STAT. 520

PUBLIC LAW 97-248—SEPT. 3, 1982 tary of Labor finds to be a collective bargaining agreement between employee representatives and 1 or more employers if there is evidence that retirement benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. "(5) TREATMENT OF BENEFICIARIES.—The terms 'employee' and 'key employee' include their beneficiaries. "(6) TREATMENT OF SIMPLIFIED EMPLOYEE PENSIONS.— "(A) TREATMENT AS DEFINED CONTRIBUTION PLANS.—A

simplified employee pension shall be treated as a defined contribution plan. "(B) ELECTION TO HAVE DETERMINATIONS BASED ON EMPLOYER CONTRIBUTIONS.—In the case of a simplified

employee pension, at the election of the employer, paragraphs (l)(A)(ii) and (2)(B) of subsection (g) shall be applied by taking into account aggregate employer contributions in lieu of the aggregate of the accounts of employees." (b)

Ante, p. 512.

QUALIFICATION REQUIREMENTS.—Paragraph

(10)

of

section

401(a) (relating to other requirements) is amended by adding at the end thereof the following new subparagraph: "(B) TOP-HEAVY PLANS.—

"(i) IN GENERAL.—In the case of any top-heavy plan, a trust forming part of such plan shall constitute a qualified trust under this section only if the requirements of section 416 are met. "(ii) PLANS WHICH MAY BECOME TOP-HEAVY.—Except

to the extent provided in regulations, a trust forming part of a plan (whether or not a top-heavy plan) shall constitute a qualified trust under this section only if such plan contains provisions— "(I) which will take effect if such plan becomes a top-heavy plan, and "(II) which meet the requirements of section 416." (c) TECHNICAL AMENDMENTS.—

26 USC 414.

(1) Subsections (b) and (c) of section 414 (relating to employees of controlled groups) are each amended by striking out "and 415" and inserting in lieu thereof "415, and 416". (2) Paragraph (4) of section 414(m) (relating to employees of an affiliated service group) is amended by striking out "and 415" in subparagraph (B), and inserting in lieu there of "415, and 416". (d) CLERICAL AMENDMENT.—The table of sections for subpart B of part I of subchapter D of chapter 1 is amended by adding at the end thereof the following new item: "Sec. 416. Special rules for top-heavy plans."

26 USC 416 note.

SEC. 241. EFFECTIVE DATES.

(a) GENERAL RULE.—Except as provided in subsection (b), the amendments made by this part shall apply to years beginning after December 31, 1983. (b) ALLOWANCE OF EXCLUSION OF DEATH BENEFIT FOR SELFEMPLOYED INDIVIDUALS.—The amendment made by section 239 shall

apply with respect to decedents dying after December 31, 1983.

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