Page:United States Statutes at Large Volume 97.djvu/157

 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 125 nal Revenue Code of 1954) to the extent not included in gross income by reason of section 402(a)(8) of such Code, or "(2) Any amount which is treated as an employer contribution under section 414(h)(2) of such Code. "Any amount deferred under a nonqualified deferred compensa- tion plan (within the meaning of section 3121(v)(2)(C) of the Internal Revenue Code of 1954) shall be taken into account for purposes of this title as of the later of when the services are performed, or when there is no substantial risk of forfeiture of the rights to such amount. Any amount taken into account as wages by reason of the preceding sentence (and the income attributable thereto) shall not thereafter be treated as wages for purposes of this title." (2) Subsection (e) of section 209 of such Act is amended by adding before the semicolon at the end thereof the following: ", or (5) under or to an annuity contract described in section 403(b) of the Internal Revenue Code of 1954, other than a payment for the purchase of such contract which is made by reason of a salary reduction agree- ment (whether evidenced by a written instrument or otherwise), or (6) under or to an exempt governmental deferred compensation plan (as defined in section 3121(vK3) of such Code), or (7) to supplement pension benefits under a plan or trust described in any of the foregoing provisions of this subsection to take into account some portion or all of the increase in the cost of living (as determined by the Secretary of Labor) since retirement but only if such supplemen- tal payments are under a plan which is treated as a welfare plan under section 3(2)(B)(ii) of the Employee Retirement Income Secu- rity Act of 1974;". (3) Section 209 of such Act is amended— (A) in subsection (b), by striking out paragraph (1) and redes- ignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, (B) by striking out subsections (c) and (i), and (C) in subsection (m)(l)— (i) by inserting "or" after "death,", and (ii) by striking out "or (C) retirement after attaining an age specified in the plan referred to in paragraph (2) or in a pension plan of the employer,". (4) Section 203(fK5XC) of the Social Security Act is amended by adding at the end thereof the following new sentence: "The term 'wages' does not include— "(i) the amount of any payment made to, or on behalf of, an employee or any of his dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or "(ii) any payment or series of payments by an employer to an employee or any of his dependents upon or after the termination of the employee's employment relationship be- cause of retirement after attaining an age specified in a plan referred to in section 209(m)(2) or in a pension plan of the employer." (d)(l) Except as otherwise provided in this subsection, the amend- ments made by this section shall apply to remuneration paid after December 31, 1983. (2) Except as otherwise provided in this subsection, the amend- ments made by subsection (b) shall apply to remuneration paid after December 31, 1984. 26 USC 401. Ante, p. 122. 42 USC 409. 26 USC 403. Ante, p. 122. 29 USC 1002. 42 USC 409. 42 USC 403. 42 USC 409. Effective dates. 26 USC 3121 note.

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