r/title-29-LABOR wiki — defined terms

“universal design” applies in that section

the terms “assistive technology” and “universal design” have the meanings given the terms in section 3002 of this title ; and (2) the term “independent living”, used in connection with research, means research on issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and wellness, and community integration and participation.

“covered school” applies throughout its subchapter

the term “covered school” means an elementary school or secondary school (as such terms are defined in section 7801 of title 20 ) or an institution of higher education.

“direct services” applies in that section

The term “direct services” means vocational rehabilitation services, as described in section 723(a) of this title . (B) Eligible client

“eligible client” applies in that section

The term “eligible client” means an individual with a disability, as defined in section 705(20)(A) of this title , who is not currently receiving services under an individualized plan for employment established through a designated State unit. (b) Special demonstration programs (1) Grants; contracts The Commissioner, subject to the provisions of section 776 of this title , may provide grants to, or enter into contracts with, eligible entities to pay all or part of the cost of programs that expand and improve the provision of rehabilitation and other services authorized under this chapter or that further the purposes of the chapter, including related research and evaluation activities.

“full term” applies in that section

the term “full term” means a term of 3 years. (3) Any member appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. (c) Chairperson; meetings The President shall designate the Chairperson from among the members appointed to the National Council. The National Council shall meet at the call of the Chairperson, but not less often than four times each year. (d) Quorum; vacancies Five members of the National Council shall constitute a quorum and any vacancy in the National Council shall not affect its power to function.

“program or activity” applies in that section

the term “program or activity” means all of the operations of— (1) (A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2) (A) a college, university, or other postsecondary institution, or a public system of higher education; or (B) a local educational agency (as defined in section 7801 of title 20 ), system of career and technical education, or other school system; (3) …

“American Indian consortium” applies in that section

The term “American Indian consortium” means a consortium established as described in section 142 1 of the Developmental Disabilities Assistance and Bill of Rights Act ( 42 U.S.C. 6042 ).

“eligible system” applies in that section

The term “eligible system” means a protection and advocacy system that is established under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [ 42 U.S.C. 15041 et seq.] and that meets the requirements of subsection (f). (2) American Indian consortium

“Federal minimum wage” applies in that section

the term “Federal minimum wage” means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ).

“Administrator” applies throughout its part

The term “Administrator” means the Administrator of the Administration for Community Living of the Department of Health and Human Services. (2) Center for independent living

“center for independent living” applies throughout its part

The term “center for independent living” means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency for individuals with significant disabilities (regardless of age or income) that— (A) is designed and operated within a local community by individuals with disabilities; and (B) provides an array of independent living services, including, at a minimum, independent living core services as defined in section 705(17) of this title . (3) Consumer control

“consumer control” applies throughout its part

The term “consumer control” means, with respect to a center for independent living, that the center vests power and authority in individuals with disabilities, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center.

“eligible agency” applies throughout its subpart

the term “eligible agency” means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency.

“older individual who is blind” applies throughout its part

the term “older individual who is blind” means an individual age 55 or older whose significant visual impairment makes competitive employment extremely difficult to attain but for whom independent living goals are feasible.

“accrued benefit” applies in that section

The term “accrued benefit” means— (A) in the case of a defined benefit plan, the individual’s accrued benefit determined under the plan and, except as provided in section 1054(c)(3) of this title , expressed in the form of an annual benefit commencing at normal retirement age, or (B) in the case of a plan which is an individual account plan, the balance of the individual’s account. The accrued benefit of an employee shall not be less than the amount determined under section 1054(c)(2)(B) of this title with respect to the employee’s accumulated contribution.;

“accrued liability” applies in that section

The term “accrued liability” means the excess of the present value, as of a particular valuation date of a pension plan, of the projected future benefit costs and administrative expenses for all plan participants and beneficiaries over the present value of future contributions for the normal cost of all applicable plan participants and beneficiaries. The Secretary of the Treasury may prescribe regulations to carry out this paragraph.;

“actuarial cost method” applies in that section

The term “advance funding actuarial cost method” or “actuarial cost method” means a recognized actuarial technique utilized for establishing the amount and incidence of the annual actuarial cost of pension plan benefits and expenses. Acceptable actuarial cost methods shall include the accrued benefit cost method (unit credit method), the entry age normal cost method, the individual level premium cost method, the aggregate cost method, the attained age normal cost method, and the frozen initial liability cost method. The terminal funding cost method and the current funding (pay-as-you-go) cost method are not acceptable actuarial cost methods.

“administrator” applies throughout its subchapter

The term “administrator” means— (i) the person specifically so designated by the terms of the instrument under which the plan is operated; (ii) if an administrator is not so designated, the plan sponsor; or (iii) in the case of a plan for which an administrator is not designated and a plan sponsor cannot be identified, such other person as the Secretary may by regulation prescribe.;

“advance funding actuarial cost method” applies in that section

The term “advance funding actuarial cost method” or “actuarial cost method” means a recognized actuarial technique utilized for establishing the amount and incidence of the annual actuarial cost of pension plan benefits and expenses. Acceptable actuarial cost methods shall include the accrued benefit cost method (unit credit method), the entry age normal cost method, the individual level premium cost method, the aggregate cost method, the attained age normal cost method, and the frozen initial liability cost method. The terminal funding cost method and the current funding (pay-as-you-go) cost method are not acceptable actuarial cost methods.

“beneficiary” applies throughout its subchapter

The term “beneficiary” means a person designated by a participant, or by the terms of an employee benefit plan, who is or may become entitled to a benefit thereunder.;

“benefit plan investor” applies in that section

the term “benefit plan investor” means an employee benefit plan subject to part 4, 5 any plan to which section 4975 of title 26 applies, and any entity whose underlying assets include plan assets by reason of a plan’s investment in such entity. (43) Pooled employer plan.— (A) In general .—

“church plan” applies in that section

The term “church plan” means a plan established and maintained (to the extent required in clause (ii) of subparagraph (B)) for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501 of title 26 .

“commerce” applies throughout its subchapter

The term “commerce” means trade, traffic, commerce, transportation, or communication between any State and any place outside thereof.;

“control group” applies in that section

the term “control group” means a group of trades or businesses under common control, (iii) the determination of whether a trade or business is under “common control” with another trade or business shall be determined under regulations of the Secretary applying principles similar to the principles applied in determining whether employees of two or more trades or businesses are treated as employed by a single employer under section 1301(b) of this title , except that, for purposes of this paragraph, common control shall not be based on an interest of less than 25 percent;

“correction period” applies in that section

the term “correction period” means— (I) the period ending 270 days after the date of mailing by the Secretary of the Treasury of a notice of default with respect to the plan’s failure to meet one or more of the requirements of this paragraph; or (II) any period set by a court of competent jurisdiction after a final determination that the plan fails to meet such requirements, or, if the court does not specify such period, any reasonable period determined by the Secretary of the Treasury on the basis of all the facts and circumstances, but in any event not less than 270 days after the determination has become final; or (III) any additional period which the Secretary of the Treasury determines …

“current value” applies in that section

The term “current value” means fair market value where available and otherwise the fair value as determined in good faith by a trustee or a named fiduciary (as defined in section 1102(a)(2) of this title ) pursuant to the terms of the plan and in accordance with regulations of the Secretary, assuming an orderly liquidation at the time of such determination. (27) The term “present value”, with respect to a liability, means the value adjusted to reflect anticipated events. Such adjustments shall conform to such regulations as the Secretary of the Treasury may prescribe.;

“defined benefit plan” applies in that section

The term “defined benefit plan” means a pension plan other than an individual account plan; except that a pension plan which is not an individual account plan and which provides a benefit derived from employer contributions which is based partly on the balance of the separate account of a participant— (A) for the purposes of section 1052 of this title , shall be treated as an individual account plan, and (B) for the purposes of paragraph (23) of this section and section 1054 of this title , shall be treated as an individual account plan to the extent benefits are based upon the separate account of a participant and as a defined benefit plan with respect to the remaining portion of benefits …

“defined contribution plan” applies in that section

The term “individual account plan” or “defined contribution plan” means a pension plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant’s account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to such participant’s account.;

“employee” applies throughout its subchapter

The term “employee” means any individual employed by an employer.;

“employee benefit plan” applies throughout its subchapter

The term “employee benefit plan” or “plan” means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.;

“employee organization” applies throughout its subchapter

The term “employee organization” means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee benefit plan, or other matters incidental to employment relationships; or any employees’ beneficiary association organized for the purpose in whole or in part, of establishing such a plan.;

“employee pension benefit plan” applies throughout its subchapter

the terms “employee pension benefit plan” and “pension plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (i) provides retirement income to employees, or (ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan.

“employee welfare benefit plan” applies throughout its subchapter

The terms “employee welfare benefit plan” and “welfare plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any …

“employer” applies throughout its subchapter

The term “employer” means any person acting directly as an employer, or indirectly in the interest of an employer, in relation to an employee benefit plan; and includes a group or association of employers acting for an employer in such capacity.;

“excess benefit plan” applies in that section

The term “excess benefit plan” means a plan maintained by an employer solely for the purpose of providing benefits for certain employees in excess of the limitations on contributions and benefits imposed by section 415 of title 26 on plans to which that section applies without regard to whether the plan is funded. To the extent that a separable part of a plan (as determined by the Secretary of Labor) maintained by an employer is maintained for such purpose, that part shall be treated as a separate plan which is an excess benefit plan. (37);

“fiscal year of the plan” applies throughout its chapter

The terms “plan year” and “fiscal year of the plan” mean, with respect to a plan, the calendar, policy, or fiscal year on which the records of the plan are kept. (40);

“governmental plan” applies in that section

The term “governmental plan” means a plan established or maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing. The term “governmental plan” also includes any plan to which the Railroad Retirement Act of 1935, or 1937 [ 45 U.S.C. 231 et seq.] applies, and which is financed by contributions required under that Act and any plan of an international organization which is exempt from taxation under the provisions of the International Organizations Immunities Act [ 22 U.S.C. 288 et seq.].

“individual account plan” applies in that section

The term “individual account plan” or “defined contribution plan” means a pension plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant’s account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to such participant’s account.;

“industry or activity affecting commerce” applies throughout its subchapter

The term “industry or activity affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and includes any activity or industry “affecting commerce” within the meaning of the Labor Management Relations Act, 1947 [ 29 U.S.C. 141 et seq.], or the Railway Labor Act [ 45 U.S.C. 151 et seq.].;

“investment manager” applies throughout its chapter

The term “investment manager” means any fiduciary (other than a trustee or named fiduciary, as defined in section 1102(a)(2) of this title )— (A) who has the power to manage, acquire, or dispose of any asset of a plan; (B) who (i) is registered as an investment adviser under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b–1 et seq.]; (ii) is not registered as an investment adviser under such Act by reason of paragraph (1) of section 203A(a) of such Act [ 15 U.S.C.

“multiemployer plan” applies in that section

The term “multiemployer plan” means a plan— (i) to which more than one employer is required to contribute, (ii) which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer, and (iii) which satisfies such other requirements as the Secretary may prescribe by regulation. (B) For purposes of this paragraph, all trades or businesses (whether or not incorporated) which are under common control within the meaning of section 1301(b)(1) of this title are considered a single employer.

“multiple employer welfare arrangement” applies throughout its chapter

The term “multiple employer welfare arrangement” means an employee welfare benefit plan, or any other arrangement (other than an employee welfare benefit plan), which is established or maintained for the purpose of offering or providing any benefit described in paragraph (1) to the employees of two or more employers (including one or more self-employed individuals), or to their beneficiaries, except that such term does not include any such plan or other arrangement which is established or maintained— (i) under or pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements, (ii) by a rural electric cooperative, or (iii) by a rural telephone cooperative …

“normal cost” applies in that section

The term “normal service cost” or “normal cost” means the annual cost of future pension benefits and administrative expenses assigned, under an actuarial cost method, to years subsequent to a particular valuation date of a pension plan. The Secretary of the Treasury may prescribe regulations to carry out this paragraph.;

“normal retirement age” applies in that section

The term “normal retirement age” means the earlier of— (A) the time a plan participant attains normal retirement age under the plan, or (B) the later of— (i) the time a plan participant attains age 65, or (ii) the 5th anniversary of the time a plan participant commenced participation in the plan.;

“normal retirement benefit” applies throughout its subchapter

The term “normal retirement benefit” means the greater of the early retirement benefit under the plan, or the benefit under the plan commencing at normal retirement age. The normal retirement benefit shall be determined without regard to— (A) medical benefits, and (B) disability benefits not in excess of the qualified disability benefit. For purposes of this paragraph, a qualified disability benefit is a disability benefit provided by a plan which does not exceed the benefit which would be provided for the participant if he separated from the service at normal retirement age.

“normal service cost” applies in that section

The term “normal service cost” or “normal cost” means the annual cost of future pension benefits and administrative expenses assigned, under an actuarial cost method, to years subsequent to a particular valuation date of a pension plan. The Secretary of the Treasury may prescribe regulations to carry out this paragraph.;

“participant” applies throughout its subchapter

The term “participant” means any employee or former employee of an employer, or any member or former member of an employee organization, who is or may become eligible to receive a benefit of any type from an employee benefit plan which covers employees of such employer or members of such organization, or whose beneficiaries may be eligible to receive any such benefit.;

“party in interest” applies throughout its subchapter

The term “party in interest” means, as to an employee benefit plan— (A) any fiduciary (including, but not limited to, any administrator, officer, trustee, or custodian), counsel, or employee of such employee benefit plan; (B) a person providing services to such plan; (C) an employer any of whose employees are covered by such plan; (D) an employee organization any of whose members are covered by such plan; (E) an owner, direct or indirect, of 50 percent or more of— (i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of a corporation.

“pension plan” applies throughout its subchapter

the terms “employee pension benefit plan” and “pension plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (i) provides retirement income to employees, or (ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan.

“pension-linked emergency savings account” applies in that section

The term “pension-linked emergency savings account” means a short-term savings account established and maintained as part of an individual account plan, in accordance with section 1193 of this title , on behalf of an eligible participant (as such term is defined in section 1193(b) of this title ) that— (A) is a designated Roth account (within the meaning of section 402A of title 26 ) and accepts only participant contributions, as described in section 1193(d)(1)(A) of this title , which are designated Roth contributions subject to the rules of section 402A(e) of title 26 ; and (B) meets the requirements of part 8 of subtitle B.

“person” applies throughout its subchapter

The term “person” means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or employee organization.;

“plan” applies throughout its subchapter

The term “employee benefit plan” or “plan” means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.;

“plan assets” applies in that section

term “plan assets” means plan assets as defined by such regulations as the Secretary may prescribe, except that under such regulations the assets of any entity shall not be treated as plan assets if, immediately after the most recent acquisition of any equity interest in the entity, less than 25 percent of the total value of each class of equity interest in the entity is held by benefit plan investors.

“plan sponsor” applies throughout its subchapter

The term “plan sponsor” means (i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by an employee organization, (iii) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan, or (iv) in the case of a pooled employer plan, the pooled plan provider.;

“plan year” applies throughout its chapter

The terms “plan year” and “fiscal year of the plan” mean, with respect to a plan, the calendar, policy, or fiscal year on which the records of the plan are kept. (40);

“pooled employer plan” applies in that section

The term “pooled employer plan” means a plan— (i) which is an individual account plan established or maintained for the purpose of providing benefits to the employees of 2 or more employers; (ii) which is a plan described in section 401(a) of title 26 which includes a trust exempt from tax under section 501(a) of title 26 , a plan that consists of annuity contracts described in section 403(b) of title 26 , or a plan that consists of individual retirement accounts described in section 408 of title 26 (including by reason of subsection (c) thereof); and (iii) the terms of which meet the requirements of subparagraph (B).

“pooled plan provider” applies in that section

The term “pooled plan provider” means a person who— (i) is designated by the terms of a pooled employer plan as a named fiduciary, as the plan administrator, and as the person responsible for the performance of all administrative duties (including conducting proper testing with respect to the plan and the employees of each employer in the plan) which are reasonably necessary to ensure that— (I) the plan meets any requirement applicable under this chapter or title 26 to a plan described in section 401(a) of title 26 , a plan that consists of annuity contracts described in section 403(b) of title 26 , or to a plan that consists of individual retirement accounts described in section 408 of …

“qualified football coaches plan” applies throughout its subchapter

the term “qualified football coaches plan” means any defined contribution plan which is established and maintained by an organization— (I) which is described in section 501(c) of title 26 ; (II) the membership of which consists entirely of individuals who primarily coach football as full-time employees of 4-year colleges or universities described in section 170(b)(1)(A)(ii) of title 26 ; and (III) which was in existence on September 18, 1986 .

“relative” applies throughout its subchapter

The term “relative” means a spouse, ancestor, lineal descendant, or spouse of a lineal descendant. (16);

“rural electric cooperative” applies in that section

the term “rural electric cooperative” means— (I) any organization which is exempt from tax under section 501(a) of title 26 and which is engaged primarily in providing electric service on a mutual or cooperative basis, and (II) any organization described in paragraph (4) or (6) of section 501(c) of title 26 which is exempt from tax under section 501(a) of title 26 and at least 80 percent of the members of which are organizations described in subclause (I), and;

“rural telephone cooperative association” applies in that section

the term “rural telephone cooperative association” means an organization described in paragraph (4) or (6) of section 501(c) of title 26 which is exempt from tax under section 501(a) of title 26 and at least 80 percent of the members of which are organizations engaged primarily in providing telephone service to rural areas of the United States on a mutual, cooperative, or other basis. (41) Single-employer plan .—

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Labor.;

“security” applies in that section

The term “security” has the same meaning as such term has under section 77b(1) 2 of title 15. (21) (A) Except as otherwise provided in subparagraph (B), a person is a fiduciary with respect to a plan to the extent (i) he exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets, (ii) he renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or (iii) he has any discretionary authority or discretionary responsibility in the …

“separate account” applies throughout its subchapter

The term “separate account” means an account established or maintained by an insurance company under which income, gains, and losses, whether or not realized, from assets allocated to such account, are, in accordance with the applicable contract, credited to or charged against such account without regard to other income, gains, or losses of the insurance com­pany.

“single-employer plan” applies in that section

The term “single-employer plan” means an employee benefit plan other than a multiemployer plan. (42) the 4

“State” applies throughout its subchapter

The term “State” includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, and the Canal Zone. The term “United States” when used in the geographic sense means the States and the Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331–134 3).;

“unfunded accrued liability” applies in that section

The term “unfunded accrued liability” means the excess of the accrued liability, under an actuarial cost method which so provides, over the present value of the assets of a pension plan. The Secretary of the Treasury may prescribe regulations to carry out this paragraph.;

“vested liabilities” applies in that section

The term “vested liabilities” means the present value of the immediate or deferred benefits available at normal retirement age for participants and their beneficiaries which are nonforfeitable.;

“welfare plan” applies throughout its subchapter

The terms “employee welfare benefit plan” and “welfare plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any …

“applicable plan year” applies in that section

the term “applicable plan year” means any plan year beginning after December 31, 2011 , and before January 1, 2034 , for which— (I) the funding target (as defined in section 1083(d)(2) of this title ) is less than 95 percent of such funding target determined without regard to section 1083(h)(2)(C)(iv) of this title , (II) the plan has a funding shortfall (as defined in section 1083(c)(4) of this title and determined without regard to section 1083(h)(2)(C)(iv) of this title ) greater than $500,000, and (III) the plan had 50 or more participants on any day during the preceding plan year.

“blackout period” applies in that section

The term “blackout period” means, in connection with an individual account plan, any period for which any ability of participants or beneficiaries under the plan, which is otherwise available under the terms of such plan, to direct or diversify assets credited to their accounts, to obtain loans from the plan, or to obtain distributions from the plan is temporarily suspended, limited, or restricted, if such suspension, limitation, or restriction is for any period of more than 3 consecutive business days.

“due date” applies in that section

the terms “required installment” and “due date” have the same meanings given such terms by section 1083(j) or 1085a(f) of this title, whichever is applicable. (e) Notice of transfer of excess pension assets to health benefits accounts (1) Notice to participants Not later than 60 days before the date of a qualified transfer by an employee pension benefit plan of excess pension assets to a health benefits account or applicable life insurance account, the administrator of the plan shall notify (in such manner as the Secretary may prescribe) each participant and beneficiary under the plan of such transfer.

“employer contribution” applies in that section

the term “employer contribution” means, in connection with a participant, a contribution made by an employer as an employer of such participant. (2) Compliance Any notice required to be provided under paragraph (1)— (A) shall be provided in a form and manner prescribed in regulations of the Secretary to the requesting employer within— (i) 180 days after the request, or (ii) subject to regulations of the Secretary, such longer time as may be necessary in the case of a plan that determines withdrawal liability based on any method described under paragraph (4) or (5) of section 1391(c) of this title ; and (B) may be provided in written, electronic, or other appropriate form to the extent such …

“one-participant retirement plan” applies in that section

the term “one-participant retirement plan” means a retirement plan that on the first day of the plan year— (i) covered only one individual (or the individual and the individual’s spouse) and the individual (or the individual and the individual’s spouse) owned 100 percent of the plan sponsor (whether or not incorporated), or (ii) covered only one or more partners (or partners and their spouses) in the plan sponsor.

“required installment” applies in that section

the terms “required installment” and “due date” have the same meanings given such terms by section 1083(j) or 1085a(f) of this title, whichever is applicable. (e) Notice of transfer of excess pension assets to health benefits accounts (1) Notice to participants Not later than 60 days before the date of a qualified transfer by an employee pension benefit plan of excess pension assets to a health benefits account or applicable life insurance account, the administrator of the plan shall notify (in such manner as the Secretary may prescribe) each participant and beneficiary under the plan of such transfer.

“enrolled actuary” applies throughout its subchapter

the term “enrolled actuary” means an actuary enrolled under subtitle C of subchapter II of this chapter. (D) In making a certification under this section the enrolled actuary may rely on the correctness of any accounting matter under subsection (b) to which any qualified public accountant has expressed an opinion, if he so states his reliance. (b) Financial statement An annual report under this section shall include a financial statement containing the following information: (1) With respect to an employee welfare benefit plan: a statement of assets and liabilities; a statement of changes in fund balance; and a statement of changes in financial position.

“funded percentage” applies in that section

the term “funded percentage”— (i) in the case of a single-employer plan, means the funding target attainment percentage, as defined in section 1083(d)(2) of this title , and (ii) in the case of a multiemployer plan, has the meaning given such term in section 1085(i)(2) of this title . (2) Additional information for multiemployer plans With respect to any defined benefit plan which is a multiemployer plan, an annual report under this section for a plan year shall include, in addition to the information required under paragraph (1), the following, as of the end of the plan year to which the report relates: (A) The number of employers obligated to contribute to the plan.

“qualified public accountant” applies throughout its subchapter

the term “qualified public accountant” means— (i) a person who is a certified public accountant, certified by a regulatory authority of a State; (ii) a person who is a licensed public accountant licensed by a regulatory authority of a State; or (iii) a person certified by the Secretary as a qualified public accountant in accordance with regulations published by him for a person who practices in States where there is no certification or licensing procedure for accountants.

“reportable transaction” applies throughout its subchapter

the term “reportable transaction” means a transaction to which the plan is a party if such transaction is— (i) a transaction involving an amount in excess of 3 percent of the current value of the assets of the plan; (ii) any transaction (other than a transaction respecting a security) which is part of a series of transactions with or in conjunction with a person in a plan year, if the aggregate amount of such transactions exceeds 3 percent of the current value of the assets of the plan; (iii) a transaction which is part of a series of transactions respecting one or more securities of the same issuer, if the aggregate amount of such transactions in the plan year exceeds 3 percent of the …

“lifetime income stream equivalent of the total benefits accrued” applies in that section

the term “lifetime income stream equivalent of the total benefits accrued” means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause (III), based on assumptions specified in rules prescribed by the Secretary.

“annual reminder notice” applies in that section

the term “annual reminder notice” means a notice provided in accordance with section 2520.104b–1 of title 29, Code of Federal Regulations (or any successor regulation), which— (1) is furnished in connection with the annual open season election period with respect to the plan or, if there is no such period, is furnished within a reasonable period prior to the beginning of each plan year; (2) notifies the unenrolled participant of— (A) the unenrolled participant’s eligibility to participate in the plan; and (B) the key benefits and rights under the plan, with a focus on employer contributions and vesting provisions; and (3) provides such information in a prominent manner calculated to be …

“unenrolled participant” applies in that section

the term “unenrolled participant” means an employee who— (1) is eligible to participate in an individual account plan; (2) has been furnished— (A) the summary plan description pursuant to section 1024(b) of this title , and (B) any other notices related to eligibility under the plan required to be furnished under this subchapter, or the Internal Revenue Code of 1986, in connection with such participant’s initial eligibility to participate in such plan; (3) is not participating in such plan; and (4) satisfies such other criteria as the Secretary of Labor may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Treasury.

“hour of service” applies in that section

the term “hour of service” means a time of service determined under regulations prescribed by the Secretary. (D) For purposes of this section, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The Secretary may prescribe regulations to carry out the purposes of this subparagraph.

“nonvested participant” applies in that section

the term “nonvested participant” means a participant who does not have any nonforfeitable right under the plan to an accrued benefit derived from employer contributions. (5) (A) In the case of each individual who is absent from work for any period— (i) by reason of the pregnancy of the individual, (ii) by reason of the birth of a child of the individual, (iii) by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, or (iv) for purposes of caring for such child for a period beginning immediately following such birth or placement, the plan shall treat as hours of service, solely for purposes of determining under this …

“year” applies in that section

the term “year” means the period used in computations pursuant to subsection (a)(3)(A). (E) A plan may provide that no credit will be given pursuant to this paragraph unless the individual furnishes to the plan administrator such timely information as the plan may reasonably require to establish— (i) that the absence from work is for reasons referred to in subparagraph (A), and (ii) the number of days for which there was such an absence.

“year of service” applies in that section

the term “year of service” means a 12-month period during which the employee has not less than 1,000 hours of service. For purposes of this paragraph, computation of any 12-month period shall be made with reference to the date on which the employee’s employment commenced, except that, in accordance with regulations prescribed by the Secretary, such computation may be made by reference to the first day of a plan year in the case of an employee who does not complete 1,000 hours of service during the 12-month period beginning on the date his employment commenced.

“1-year break in service” applies in that section

the term “1-year break in service” means a calendar year, plan year, or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has not completed more than 500 hours of service. (B) For purposes of paragraph (1), in the case of any employee who has any 1-year break in service, years of service before such break shall not be required to be taken into account until he has completed a year of service after his return.

“applicable defined benefit plan” applies in that section

The term “applicable defined benefit plan” means a defined benefit plan under which the accrued benefit (or any portion thereof) is calculated as the balance of a hypothetical account maintained for the participant or as an accumulated percentage of the participant’s final average compensation. (B) Regulations to include similar plans The Secretary of the Treasury shall issue regulations which include in the definition of an applicable defined benefit plan any defined benefit plan (or any portion of such a plan) which has an effect similar to an applicable defined benefit plan.

“hour of service” applies in that section

the term “hour of service” has the meaning provided by section 1052(a)(3)(C) of this title . (C) In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term “year of service” shall be such period as determined under regulations of the Secretary. (D) For purposes of this section, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The Secretary may prescribe regulations to carry out the purposes of this subparagraph. (3) (A) For purposes of this paragraph,

“nonvested participant” applies in that section

the term “nonvested participant” means a participant who does not have any nonforfeitable right under the plan to an accrued benefit derived from employer contributions. (E) (i) In the case of each individual who is absent from work for any period— (I) by reason of the pregnancy of the individual, (II) by reason of the birth of a child of the individual, (III) by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, or (IV) for purposes of caring for such child for a period beginning immediately following such birth or placement, the plan shall treat as hours of service, solely for purposes of determining under this …

“rollover contributions” applies in that section

the term “rollover contributions” means any rollover contribution under sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of title 26. (f) Special rules for plans computing accrued benefits by reference to hypothetical account balance or equivalent amounts (1) In general An applicable defined benefit plan shall not be treated as failing to meet— (A) subject to paragraph (2), the requirements of subsection (a)(2), or (B) the requirements of section 1054(c) or 1055(g) of this title, or the requirements of subsection (e), with respect to accrued benefits derived from employer contributions, solely because the present value of the accrued benefit (or any portion thereof) …

“year” applies in that section

the term “year” means the period used in computations pursuant to paragraph (2). (v) A plan may provide that no credit will be given pursuant to this subparagraph unless the individual furnishes to the plan administrator such timely information as the plan may reasonably require to establish— (I) that the absence from work is for reasons referred to in clause (i), and (II) the number of days for which there was such an absence.

“year of service” applies in that section

the term “year of service” means a calendar year, plan year, or other 12-consecutive month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has completed 1,000 hours of service. (B) For purposes of this section,

“accumulated contributions” applies in that section

the term “accumulated contributions” means the total of— (i) all mandatory contributions made by the employee, (ii) interest (if any) under the plan to the end of the last plan year to which section 1053(a)(2) of this title does not apply (by reason of the applicable effective date), and (iii) interest on the sum of the amounts determined under clauses (i) and (ii) compounded annually— (I) at the rate of 120 percent of the Federal mid-term rate (as in effect under section 1274 of title 26 for the 1st month of a plan year for the period beginning with the 1st plan year to which subsection (a)(2) applies by reason of the applicable effective date) and ending with the date on which the …

“applicable defined benefit plan” applies in that section

the term “applicable defined benefit plan” has the meaning given such term by section 1053(f)(3) of this title . (vi) Termination requirements .— An applicable defined benefit plan shall not be treated as meeting the requirements of clause (i) unless the plan provides that, upon the termination of the plan— (I) if the interest credit rate (or an equivalent amount) under the plan is a variable rate, the rate of interest used to determine accrued benefits under the plan shall be equal to the average of the rates of interest used under the plan during the 5-year period ending on the termination date, and (II) the interest rate and mortality table used to determine the amount of any benefit …

“applicable individual” applies in that section

The term “applicable individual” means, with respect to any plan amendment— (i) each participant in the plan; and (ii) any beneficiary who is an alternate payee (within the meaning of section 1056(d)(3)(K) of this title ) under an applicable qualified domestic relations order (within the meaning of section 1056(d)(3)(B)(i) of this title ), whose rate of future benefit accrual under the plan may reasonably be expected to be significantly reduced by such plan amendment.;

“applicable individual account plan” applies in that section

The term “applicable individual account plan” means any individual account plan (as defined in section 1002(34) of this title ) which holds any publicly traded employer securities. (B) Exception for certain ESOPS Such term does not include an employee stock ownership plan if— (i) there are no contributions to such plan (or earnings thereunder) which are held within such plan and are subject to subsection (k) or (m) of section 401 of title 26 , and (ii) such plan is a separate plan (for purposes of section 414( l ) of title 26) with respect to any other defined benefit plan or individual account plan maintained by the same employer or employers.

“applicable pension plan” applies in that section

The term “applicable pension plan” means— (i) any defined benefit plan; or (ii) an individual account plan which is subject to the funding standards of section 412 of title 26 . (9) For purposes of this subsection, a plan amendment which eliminates or reduces any early retirement benefit or retirement-type subsidy (within the meaning of subsection (g)(2)(A)) shall be treated as having the effect of reducing the rate of future benefit accrual.

“applicable plan” applies in that section

The term “applicable plan” means a defined benefit plan the terms of which, on or before December 8, 2014 , provided for a normal retirement age which is the earlier of— (i) an age otherwise permitted under section 1002(24) of this title , or (ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because the normal retirement age described in the preceding sentence only applied to certain participants or only applied to employees of certain employers in the case of a plan maintained by more than 1 employer.

“applicable plan amendment” applies in that section

The term “applicable plan amendment” means an amendment to a defined benefit plan which has the effect of converting the plan to an applicable defined benefit plan. (II) Special rule for coordinated benefits .— If the benefits of 2 or more defined benefit plans established or maintained by an employer are coordinated in such a manner as to have the effect of the adoption of an amendment described in subclause (I), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins.

“early retirement benefit” applies in that section

the terms “early retirement benefit” and “retirement-type subsidy” have the meaning given such terms in subsection (g)(2)(A). (G) Benefit accrued to date .— For purposes of this paragraph, any reference to the accrued benefit shall be a reference to such benefit accrued to date.

“elective deferral” applies in that section

The term “elective deferral” means an employer contribution described in section 402(g)(3)(A) of title 26 . (C) Employer security

“employee stock ownership plan” applies in that section

The term “employee stock ownership plan” has the meaning given such term by section 4975(e)(7) of title 26 . (E) Publicly traded employer securities

“employer” applies in that section

the term “employer” has the meaning set forth in section 1082(b)(1) of this title , without regard to section 1082(b)(2) of this title . (j) Diversification requirements for certain individual account plans (1) In general An applicable individual account plan shall meet the diversification requirements of paragraphs (2), (3), and (4).

“employer security” applies in that section

The term “employer security” has the meaning given such term by section 1107(d)(1) of this title . (D) Employee stock ownership plan

“indexing” applies in that section

the term “indexing” means, in connection with an accrued benefit, the periodic adjustment of the accrued benefit by means of the application of a recognized investment index or methodology. (F) Early retirement benefit or retirement-type subsidy .— For purposes of this paragraph,

“mandatory contributions” applies in that section

the term “mandatory contributions” means amounts contributed to the plan by the employee which are required as a condition of employment, as a condition of participation in such plan, or as a condition of obtaining benefits under the plan attributable to employer contributions. (D) The Secretary of the Treasury is authorized to adjust by regulation the conversion factor described in subparagraph (B) from time to time as he may deem necessary. No such adjustment shall be effective for a plan year beginning before the expiration of 1 year after such adjustment is determined and published.

“publicly traded employer securities” applies in that section

The term “publicly traded employer securities” means employer securities which are readily tradable on an established securities market. (F) Year of service

“retirement-type subsidy” applies in that section

the terms “early retirement benefit” and “retirement-type subsidy” have the meaning given such terms in subsection (g)(2)(A). (G) Benefit accrued to date .— For purposes of this paragraph, any reference to the accrued benefit shall be a reference to such benefit accrued to date.

“year of participation” applies in that section

the term “year of participation” means a period of service (beginning at the earliest date on which the employee is a participant in the plan and which is included in a period of service required to be taken into account under section 1052(b) of this title , determined without regard to section 1052(b)(5) of this title ) as determined under regulations prescribed by the Secretary which provide for the calculation of such period on any reasonable and consistent basis.

“year of service” applies in that section

the term “year of service” has the meaning provided by section 1052(a)(3)(A) of this title . (F) Notwithstanding subparagraphs (A), (B), and (C), a defined benefit plan satisfies the requirements of this paragraph if such plan (i) is funded exclusively by the purchase of insurance contracts, and (ii) satisfies the requirements of paragraphs (2) and (3) of section 1081(b) of this title (relating to certain insurance contract plans), but only if an employee’s accrued benefit as of any applicable date is not less than the cash surrender value his insurance contracts would have on such applicable date if the requirements of paragraphs (4), (5), and (6) of section 1081(b) of this title were …

“annuity starting date” applies in that section

The term “annuity starting date” means— (i) the first day of the first period for which an amount is payable as an annuity, or (ii) in the case of a benefit not payable in the form of an annuity, the first day on which all events have occurred which entitle the participant to such benefit. (B) For purposes of subparagraph (A), the first day of the first period for which a benefit is to be received by reason of disability shall be treated as the annuity starting date only if such benefit is not an auxiliary benefit.;

“applicable election period” applies in that section

the term “applicable election period” means— (A) in the case of an election to waive the qualified joint and survivor annuity form of benefit, the 180-day period ending on the annuity starting date, or (B) in the case of an election to waive the qualified preretirement survivor annuity, the period which begins on the first day of the plan year in which the participant attains age 35 and ends on the date of the participant’s death. In the case of a participant who is separated from service, the applicable election period under subparagraph (B) with respect to benefits accrued before the date of such separation from service shall not begin later than such date.

“applicable interest rate” applies in that section

The term “applicable interest rate” means the adjusted first, second, and third segment rates applied under rules similar to the rules of section 1083(h)(2)(C) of this title (determined by not taking into account any adjustment under clause (iv) thereof) for the month before the date of the distribution or such other time as the Secretary of the Treasury may by regulations prescribe.

“applicable mortality table” applies in that section

The term “applicable mortality table” means a mortality table, modified as appropriate by the Secretary of the Treasury, based on the mortality table specified for the plan year under subparagraph (A) of section 1083(h)(3) of this title (without regard to subparagraph (C) or (D) of such section).;

“applicable period” applies in that section

the term “applicable period” means, with respect to a participant, whichever of the following periods ends last: (I) The period beginning with the first day of the plan year in which the participant attains age 32 and ending with the close of the plan year preceding the plan year in which the participant attains age 35. (II) A reasonable period after the individual becomes a participant. (III) A reasonable period ending after paragraph (5) ceases to apply to the participant. (IV) A reasonable period ending after this section applies to the participant.

“earliest retirement age” applies in that section

The term “earliest retirement age” means the earliest date on which, under the plan, the participant could elect to receive retirement benefits. (i) Increased costs from providing annuity A plan may take into account in any equitable manner (as determined by the Secretary of the Treasury) any increased costs resulting from providing a qualified joint or survivor annuity or a qualified preretirement survivor annuity.

“qualified joint and survivor annuity” applies in that section

the term “qualified joint and survivor annuity” means an annuity— (A) for the life of the participant with a survivor annuity for the life of the spouse which is not less than 50 percent of (and is not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse, and (B) which is the actuarial equivalent of a single annuity for the life of the participant. Such term also includes any annuity in a form having the effect of an annuity described in the preceding sentence. (2) (A) For purposes of this section,

“qualified optional survivor annuity” applies in that section

the term “qualified optional survivor annuity” means an annuity— (i) for the life of the participant with a survivor annuity for the life of the spouse which is equal to the applicable percentage of the amount of the annuity which is payable during the joint lives of the participant and the spouse, and (ii) which is the actuarial equivalent of a single annuity for the life of the participant. Such term also includes any annuity in a form having the effect of an annuity described in the preceding sentence.

“qualified preretirement survivor annuity” applies in that section

the term “qualified preretirement survivor annuity” means a survivor annuity for the life of the surviving spouse of the participant if— (A) the payments to the surviving spouse under such annuity are not less than the amounts which would be payable as a survivor annuity under the qualified joint and survivor annuity under the plan (or the actuarial equivalent thereof) if— (i) in the case of a participant who dies after the date on which the participant attained the earliest retirement age, such participant had retired with an immediate qualified joint and survivor annuity on the day before the participant’s date of death, or (ii) in the case of a participant who dies on or before the date …

“survivor annuity percentage” applies in that section

the term “survivor annuity percentage” means the percentage which the survivor annuity under the plan’s qualified joint and survivor annuity bears to the annuity payable during the joint lives of the participant and the spouse. (e) “Qualified preretirement survivor annuity” defined For purposes of this section— (1) Except as provided in paragraph (2),

“vested participant” applies in that section

The term “vested participant” means any participant who has a nonforfeitable right (within the meaning of section 1002(19) of this title ) to any portion of such participant’s accrued benefit. (2);

“adjusted funding target attainment percentage” applies in that section

The term “adjusted funding target attainment percentage” means the funding target attainment percentage which is determined under subparagraph (A) by increasing each of the amounts under subparagraphs (A) and (B) of section 1083(d)(2) of this title by the aggregate amount of purchases of annuities for employees other than highly compensated employees (as defined in section 414(q) of title 26 ) which were made by the plan during the preceding 2 plan years.

“alternate payee” applies in that section

The term “alternate payee” means any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such participant. (L) This paragraph shall not apply to any plan to which paragraph (1) does not apply. (M) Payment of benefits by a pension plan in accordance with the applicable requirements of a qualified domestic relations order shall not be treated as garnishment for purposes of section 1673(a) of title 15 . (N) In prescribing regulations under this paragraph, the Secretary shall consult with the Secretary of the Treasury.

“domestic relations order” applies in that section

the term “domestic relations order” means any judgment, decree, or order (including approval of a property settlement agreement) which— (I) relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a participant, and (II) is made pursuant to a State or Tribal domestic relations law (including a community property law).

“earliest retirement age” applies in that section

the term “earliest retirement age” means the earlier of— (I) the date on which the participant is entitled to a distribution under the plan, or (II) the later of the date of 1 the participant attains age 50 or the earliest date on which the participant could begin receiving benefits under the plan if the participant separated from service.

“funding target attainment percentage” applies in that section

The term “funding target attainment percentage” has the same meaning given such term by section 1083(d)(2) of this title . (B) Adjusted funding target attainment percentage

“minimum-required qualified joint and survivor annuity” applies in that section

the term “minimum-required qualified joint and survivor annuity” means the qualified joint and survivor annuity which is the actuarial equivalent of the participant’s accrued benefit (within the meaning of section 1002(23) of this title ) and under which the survivor annuity is 50 percent of the amount of the annuity which is payable during the joint lives of the participant and the spouse.

“prohibited payment” applies in that section

the term “prohibited payment” means— (A) any payment, in excess of the monthly amount paid under a single life annuity (plus any social security supplements described in the last sentence of section 1054(b)(1)(G) of this title ), to a participant or beneficiary whose annuity starting date (as defined in section 1055(h)(2) of this title ), that occurs during the period referred to in paragraph (1), (B) any payment for the purchase of an irrevocable commitment from an insurer to pay benefits, and (C) any other payment specified by the Secretary of the Treasury by regulations.

“qualified domestic relations order” applies in that section

the term “qualified domestic relations order” means a domestic relations order— (I) which creates or recognizes the existence of an alternate payee’s right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and (II) with respect to which the requirements of subparagraphs (C) and (D) are met, and;

“unpredictable contingent event benefit” applies in that section

the term “unpredictable contingent event benefit” means any benefit payable solely by reason of— (i) a plant shutdown (or similar event, as determined by the Secretary of the Treasury), or (ii) an event other than the attainment of any age, performance of any service, receipt or derivation of any compensation, or occurrence of death or disability.

“applicable individual account plan” applies in that section

The term “applicable individual account plan” means an individual account plan which includes a qualified cash or deferred arrangement. (B) Qualified cash or deferred arrangement

“eligible combined plan” applies in that section

The term “eligible combined plan” means a plan— (i) which is maintained by an employer which, at the time the plan is established, is a small employer, (ii) which consists of a defined benefit plan and an applicable individual account plan each of which qualifies under section 401(a) of title 26 , (iii) the assets of which are held in a single trust forming part of the plan and are clearly identified and allocated to the defined benefit plan and the applicable individual account plan to the extent necessary for the separate application of this chapter under paragraph (1), and (iv) with respect to which the benefit, contribution, vesting, and nondiscrimination requirements of subparagraphs …

“qualified cash or deferred arrangement” applies in that section

The term “qualified cash or deferred arrangement” has the meaning given such term by section 401(k)(2) of title 26 . (f) Cooperative and small employer charity pension plans (1) In general For purposes of this subchapter, except as provided in this subsection, a CSEC plan is an employee pension benefit plan (other than a multiemployer plan) that is a defined benefit plan— (A) to which section 104 of the Pension Protection Act of 2006 applies, without regard to— (i) section 104(a)(2) of such Act; (ii) the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and (iii) paragraph (3)(B); (B) that, as of …

“small employer” applies in that section

the term “small employer” has the meaning given such term by section 4980D(d)(2) of title 26 , except that such section shall be applied by substituting “500” for “50” each place it appears. (B) Benefit requirements (i) In general The benefit requirements of this subparagraph are met with respect to the defined benefit plan forming part of the eligible combined plan if the accrued benefit of each participant derived from employer contributions, when expressed as an annual retirement benefit, is not less than the applicable percentage of the participant’s final average pay.

“supplementary or special plan provision” applies throughout its chapter

the term “supplementary or special plan provision” means any plan provision which— (A) provides supplementary benefits, not in excess of one-third of the basic benefit, in the form of an annuity for the life of the participant, or (B) provides that, under a contractual agreement based on medical evidence as to the effects of working in an adverse environment for an extended period of time, a participant having 25 years of service is to be treated as having 30 years of service. (3) This subsection shall apply with respect to a plan if (and only if) the application of this subsection results in a later effective date for this part than the effective date required by subsection (b).

“controlled group” applies in that section

the term “controlled group” means any group treated as a single employer under subsection (b), (c), (m), or ( o ) of section 414 of title 26 .

“unpaid minimum required contribution” applies throughout its part

The term “unpaid minimum required contribution” means, with respect to any plan year, any minimum required contribution under section 1083 of this title for the plan year which is not paid on or before the due date (as determined under section 1083(j)(1) of this title ) for the plan year. (II) Ordering rule For purposes of subclause (I), any payment to or under a plan for any plan year shall be allocated first to unpaid minimum required contributions for all preceding plan years on a first-in, first-out basis and then to the minimum required contribution under section 1083 of this title for the plan year.

“waived funding deficiency” applies throughout its part

the term “waived funding deficiency” means the portion of the minimum funding standard under subsection (a) (determined without regard to the waiver) for a plan year waived by the Secretary of the Treasury and not satisfied by employer contributions.

“adjusted disbursements” applies in that section

The term “adjusted disbursements” means disbursements from the plan reduced by the product of— (I) the plan’s funding target attainment percentage for the plan year, and (II) the sum of the purchases of annuities, payments of single sums, and such other disbursements as the Secretary of the Treasury shall provide in regulations. (v) Liquid assets

“applicable month” applies in that section

the term “applicable month” means, with respect to any plan for any plan year, the month which includes the valuation date of such plan for such plan year or, at the election of the plan sponsor, any of the 4 months which precede such month. Any election made under this subparagraph shall apply to the plan year for which the election is made and all succeeding plan years, unless the election is revoked with the consent of the Secretary of the Treasury.

“applicable preferred stock” applies in that section

the term “applicable preferred stock” means preferred stock which was issued before March 1, 2010 (or which was issued after such date and is held by an employee benefit plan subject to the provisions of this subchapter). (F) Other definitions and rules For purposes of this paragraph— (i) Plan sponsor

“base amount” applies in that section

The term “base amount” means, with respect to any quarter, an amount equal to 3 times the sum of the adjusted disbursements from the plan for the 12 months ending on the last day of such quarter. (II) Special rule If the amount determined under subclause (I) exceeds an amount equal to 2 times the sum of the adjusted disbursements from the plan for the 36 months ending on the last day of the quarter and an enrolled actuary certifies to the satisfaction of the Secretary of the Treasury that such excess is the result of nonrecurring circumstances, the base amount with respect to such quarter shall be determined without regard to amounts related to those nonrecurring circumstances.

“community newspaper plan” applies in that section

The term “community newspaper plan” means a plan to which this section applies maintained as of December 31, 2018 , by an employer which— (i) maintains the plan on behalf of participants and beneficiaries with respect to employment in the trade or business of publishing 1 or more newspapers which were published by the employer at any time during the 11-year period ending on December 20, 2019 , (ii) (I) is not a company the stock of which is publicly traded (on a stock exchange or in an over-the-counter market), and is not controlled, directly or indirectly, by such a company, or (II) is controlled, directly, or indirectly, during the entire 30-year period ending on December 20, 2019 , by …

“compensation” applies in that section

the term “compensation” shall include earned income of such individual with respect to such self-employment. (vii) Indexing of amount In the case of any calendar year beginning after 2010, the dollar amount under clause (i)(II) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) of such title for the calendar year, determined by substituting “calendar year 2009” for “calendar year 1992” in subparagraph (B) thereof. If the amount of any increase under clause (i) is not a multiple of $1,000, such increase shall be rounded to the next lowest multiple of $1,000.

“contribution payment” applies in that section

The term “contribution payment” means, in connection with a plan, a contribution payment required to be made to the plan, including any required installment under paragraphs (3) and (4) of subsection (j). (B) Due date; required installment

“controlled group” applies in that section

The term “controlled group” means any group treated as a single employer under subsections (b), (c), (m), and ( o ) of section 414 of title 26 . (l) Qualified transfers to health benefit accounts In the case of a qualified transfer (as defined in section 420 of title 26 ), any assets so transferred shall not, for purposes of this section, be treated as assets in the plan.

“corporate bond yield curve” applies in that section

The term “corporate bond yield curve” means, with respect to any month, a yield curve which is prescribed by the Secretary of the Treasury for such month and which reflects the average, for the 24-month period ending with the month preceding such month, of monthly yields on investment grade corporate bonds with varying maturities and that are in the top 3 quality levels available. (ii) Election to use yield curve Solely for purposes of determining the minimum required contribution under this section, the plan sponsor may, in lieu of the segment rates determined under subparagraph (C), elect to use interest rates under the corporate bond yield curve.

“disbursements from the plan” applies in that section

The term “disbursements from the plan” means all disbursements from the trust, including purchases of annuities, payments of single sums and other benefits, and administrative expenses. (iv) Adjusted disbursements

“due date” applies in that section

The terms “due date” and “required installment” have the meanings given such terms by subsection (j). (C) Controlled group