For inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table under section 401 of this title.
Pub. L. 117–328, div. T, title I, § 109,
(1) in subparagraph (B)—
(A) in clause (i), by inserting the following before the period: “(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)”; and
(B) in clause (ii), by inserting the following before the period: “(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)”;
(2) in subparagraph (C), by adding at the end the following: “In the case of a year beginning after
(3) by adding at the end the following new subparagraph:
(E) Adjusted dollar amount
For purposes of subparagraph (B), the adjusted dollar amount is—
(i) in the case of clause (i) of subparagraph (B), the greater of—
(I) $10,000, or
(II) an amount equal to 150 percent of the dollar amount which would be in effect under such clause for 2024 for eligible participants not described in the parenthetical in such clause, or
(ii) in the case of clause (ii) of subparagraph (B), the greater of—
(I) $5,000, or
(II) an amount equal to equal to 150 percent of the dollar amount which would be in effect under such clause for 2025 for eligible participants not described in the parenthetical in such clause.
See 2022 Amendment notes below.
The Railroad Retirement Act of 1935 or 1937, referred to in subsec. (d), means act Aug. 29, 1935, ch. 812, 49 Stat. 867, known as the Railroad Retirement Act of 1935. The Railroad Retirement Act of 1935 was amended generally by act June 24, 1937, ch. 382, part I, 50 Stat. 307, and was known as the Railroad Retirement Act of 1937. The Railroad Retirement Act of 1937 was amended generally and redesignated the Railroad Retirement Act of 1974 by Pub. L. 93–444, title I,
The International Organizations Immunities Act (59 Stat. 669), referred to in subsec. (d), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. The Act also amended several other laws including the Internal Revenue Code of 1939. For exemption from taxation of income of international organizations and of the compensation of employees thereof, see sections 892 and 893 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables.
The Employee Retirement Income Security Act of 1974, referred to in subsecs. (f)(3), (5), (6)(B), (F), (l)(1), (2)(E), and (bb)(2)(B), (3), is Pub. L. 93–406,
The date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, referred to in subsec. (f)(4), (5), means the date of the enactment of Pub. L. 96–364, which was approved
Effective date of the Multiemployer Pension Plan Amendments Act of 1980, referred to in subsec. (f)(5), probably means the date of enactment of the Multiemployer Pension Plan Amendments Act of 1980, which was approved
The Pension Protection Act of 2006, referred to in subsecs. (f)(6)(A) and (y)(1)(A), (3)(B), is Pub. L. 109–280,
Section 403(b)(7)(A)(ii), referred to in subsec. (u)(12)(B)(i), probably means section 403(b)(7)(A)(ii) of this title prior to amendment by Pub. L. 116–94, div. O, title I, § 109(c)(2),
The Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, referred to in subsec. (y)(1)(A)(ii), (3)(B), is Pub. L. 111–192,
2022—Subsec. (b). Pub. L. 117–328, § 315(a)(1), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (m)(6)(B). Pub. L. 117–328, § 315(a)(2)(A), (B), designated existing provisions as cl. (i), inserted heading, and added cls. (ii) and (iii).
Subsec. (m)(6)(B)(i). Pub. L. 117–328, § 315(a)(2)(C), substituted “apply, except that community property laws shall be disregarded for purposes of determining ownership” for “apply”.
Subsec. (p)(1)(B). Pub. L. 117–328, § 339(a)(2), inserted concluding provisions.
Subsec. (p)(1)(B)(ii). Pub. L. 117–328, § 339(a)(1), inserted “or Tribal” after “State”.
Subsec. (v)(2)(B)(i). Pub. L. 117–328, § 109(a)(1), inserted before period at end “(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)”.
Subsec. (v)(2)(B)(ii). Pub. L. 117–328, § 117(b)(1)(A), substituted “except as provided in clause (iii), the applicable” for “the applicable”.
Pub. L. 117–328, § 109(a)(2), inserted before period at end “(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)”.
Subsec. (v)(2)(B)(iii). Pub. L. 117–328, § 117(b)(1)(B), added cl. (iii).
Subsec. (v)(2)(C). Pub. L. 117–328, § 117(b)(2), designated existing provisions as cl. (i), inserted heading, and added cl. (ii).
Pub. L. 117–328, § 109(c), inserted at end “In the case of a year beginning after
Subsec. (v)(2)(E). Pub. L. 117–328, § 109(b), added subpar. (E).
Subsec. (v)(7). Pub. L. 117–328, § 603(a), added par. (7).
Subsec. (aa). Pub. L. 117–328, § 301(b)(1), added subsec. (aa).
Subsec. (bb). Pub. L. 117–328, § 320(b), added subsec. (bb).
Subsec. (cc). Pub. L. 117–328, § 350(a), added subsec. (cc).
2020—Subsec. (y)(1)(D). Pub. L. 116–136 added subpar. (D).
2018—Subsec. (l)(2)(G). Pub. L. 115–141, § 401(a)(87), substituted “depository institutions” for “banks” in heading.
Subsec. (u)(6). Pub. L. 115–141, § 401(a)(88), substituted “section 457(b)))” for “section 457(b))”.
Subsec. (x)(1). Pub. L. 115–141, § 401(a)(89), substituted “is” for “are”.
Subsec. (y)(1)(C)(i). Pub. L. 115–141, § 401(a)(90), struck out “of such Code” after “section 501(c)(3)”.
Subsec. (y)(2). Pub. L. 115–141, § 401(a)(91), substituted “subparagraphs” for “subparagraph”.
2015—Subsec. (c). Pub. L. 114–113, § 336(a)(1), designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), for purposes” for “For purposes”, and added par. (2).
Subsec. (z). Pub. L. 114–113, § 336(d)(1), added subsec. (z).
2014—Subsec. (n)(3)(C). Pub. L. 113–295, § 221(a)(19)(B)(i), struck out “120,” after “117(d),”.
Subsec. (t)(2). Pub. L. 113–295, § 221(a)(19)(B)(ii), struck out “120,” after “117(d),”.
Subsec. (v)(2)(B)(i), (ii). Pub. L. 113–295, § 221(a)(55), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) listed applicable dollar amounts for taxable years 2002 to 2006 and thereafter for an applicable employer plan other than a plan described in section 401(k)(11) or 408(p) and an applicable employer plan described in section 401(k)(11) or 408(p), respectively.
Subsec. (y). Pub. L. 113–97, § 201, added subsec. (y).
Subsec. (y)(1)(C). Pub. L. 113–235, § 3(b)(1), added subpar. (C).
Subsec. (y)(2). Pub. L. 113–235, § 3(b)(2), substituted “subparagraph (B) and (C) of paragraph (1)” for “paragraph (1)(B)”.
Subsec. (y)(3). Pub. L. 113–97, § 203(a), added par. (3).
2008—Subsec. (l)(2)(B)(i)(I). Pub. L. 110–458, § 101(d)(2)(E), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “the amount determined under section 431(c)(6)(A)(i) in the case of a multiemployer plan (and the sum of the funding shortfall and target normal cost determined under section 430 in the case of any other plan), over”.
Subsec. (l)(2)(G). Pub. L. 110–289, § 1604(b)(4), which directed substitution of “bridge depository institution” for “bridge bank”, was executed by making the substitution wherever appearing in text, to reflect the probable intent of Congress.
Subsec. (u). Pub. L. 110–245, § 105(b)(1)(B), inserted “and to differential wage payments to members on active duty” after “USERRA” in heading.
Subsec. (u)(9) to (11). Pub. L. 110–245, § 104(b), added par. (9) and redesignated former pars. (9) and (10) as (10) and (11), respectively.
Subsec. (u)(12). Pub. L. 110–245, § 105(b)(1)(A), added par. (12).
Subsec. (w)(3)(B) to (D). Pub. L. 110–458, § 109(b)(4), inserted “and” after comma at end of subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: “under which, in the absence of an investment election by the participant, contributions described in subparagraph (B) are invested in accordance with regulations prescribed by the Secretary of Labor under section 404(c)(5) of the Employee Retirement Income Security Act of 1974, and”.
Subsec. (w)(5)(D), (E). Pub. L. 110–458, § 109(b)(5), added subpars. (D) and (E).
Subsec. (w)(6). Pub. L. 110–458, § 109(b)(6), inserted “or for purposes of applying the limitation under section 402(g)(1)” before period at end.
Subsec. (x)(1). Pub. L. 110–458, § 109(c)(1), inserted at end “In the case of a termination of the defined benefit plan and the applicable defined contribution plan forming part of an eligible combined plan, the plan administrator shall terminate each such plan separately.”
2007—Subsec. (f)(6)(A)(ii)(I). Pub. L. 110–28, § 6611(a)(2)(A), substituted “for each of the 3 plan years immediately preceding the first plan year for which the election under this paragraph is effective with respect to the plan,” for “for each of the 3 plan years immediately before the date of enactment of the Pension Protection Act of 2006,”.
Subsec. (f)(6)(B). Pub. L. 110–28, § 6611(a)(2)(B), substituted “starting with any plan year beginning on or after
Subsec. (f)(6)(E). Pub. L. 110–28, § 6611(b)(2), substituted “if it is a plan sponsored by an organization which is described in section 501(c)(5) and exempt from tax under section 501(a) and which was established in Chicago, Illinois, on
“(i) that was established in Chicago, Illinois, on
“(ii) sponsored by an organization described in section 501(c)(5) and exempt from tax under section 501(a).”
Subsec. (f)(6)(F). Pub. L. 110–28, § 6611(a)(2)(C), added subpar. (F).
2006—Subsec. (d). Pub. L. 109–280, § 906(a)(1), inserted at end “The term ‘governmental plan’ includes a plan which is established and maintained by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), or an agency or instrumentality of either, and all of the participants of which are employees of such entity substantially all of whose services as such an employee are in the performance of essential governmental functions but not in the performance of commercial activities (whether or not an essential government function).”
Subsec. (f)(6). Pub. L. 109–280, § 1106(b), added par. (6).
Subsec. (h)(2). Pub. L. 109–280, § 906(b)(1)(C), inserted “or a governmental plan described in the last sentence of section 414(d) (relating to plans of Indian tribal governments),” after “foregoing,”.
Subsec. (l)(2)(B)(i)(I). Pub. L. 109–280, § 114(c), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “the amount determined under section 412(c)(7)(A)(i) with respect to the plan, over”.
Subsec. (w). Pub. L. 109–280, § 902(d)(1), added subsec. (w).
Subsec. (x). Pub. L. 109–280, § 903(a), added subsec. (x).
2004—Subsec. (q)(7). Pub. L. 108–311 substituted “subsection” for “section”.
2002—Subsec. (v)(2)(D). Pub. L. 107–147, § 411(o)(3), added subpar. (D).
Subsec. (v)(3)(A)(i). Pub. L. 107–147, § 411(o)(4), substituted “sections 401(a)(30), 402(h), 403(b), 408, 415(c), and 457(b)(2) (determined without regard to section 457(b)(3))” for “section 402(g), 402(h), 403(b), 404(a), 404(h), 408(k), 408(p), 415, or 457”.
Subsec. (v)(3)(B). Pub. L. 107–147, § 411(o)(5), substituted “section 401(a)(4), 401(k)(3), 401(k)(11), 403(b)(12), 408(k), 410(b), or 416” for “section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 403(b)(12), 408(k), 408(p), 408B, 410(b), or 416”.
Subsec. (v)(4)(B). Pub. L. 107–147, § 411(o)(6), inserted before period at end “, except that a plan described in clause (i) of section 410(b)(6)(C) shall not be treated as a plan of the employer until the expiration of the transition period with respect to such plan (as determined under clause (ii) of such section)”.
Subsec. (v)(5). Pub. L. 107–147, § 411(o)(7)(A), struck out “, with respect to any plan year,” before “a participant” in introductory provisions.
Subsec. (v)(5)(A). Pub. L. 107–147, § 411(o)(7)(B), amended subpar. (A) generally. Prior to amendment, subpar (A) read as follows: “who has attained the age of 50 before the close of the plan year, and”.
Subsec. (v)(5)(B). Pub. L. 107–147, § 411(o)(7)(C), substituted “plan (or other applicable) year” for “plan year”.
Subsec. (v)(6)(C). Pub. L. 107–147, § 411(o)(8), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This subsection shall not apply to an applicable employer plan described in subparagraph (A)(iii) for any year to which section 457(b)(3) applies.”
2001—Subsec. (p)(10). Pub. L. 107–16, § 635(b), substituted “section 409(d), and section 457(d)” for “and section 409(d)”.
Subsec. (p)(11). Pub. L. 107–16, § 635(a), in heading substituted “certain other plans” for “governmental and church plans” and in text inserted “or an eligible deferred compensation plan (within the meaning of section 457(b))” after “subsection (e))”.
Subsec. (p)(12), (13). Pub. L. 107–16, § 635(c), added par. (12) and redesignated former par. (12) as (13).
Subsec. (v). Pub. L. 107–16, § 631(a), added subsec. (v).
2000—Subsec. (s)(2). Pub. L. 106–554 substituted “section 125, 132(f)(4), 402(e)(3)” for “section 125, 402(e)(3)”.
1998—Subsec. (q)(5). Pub. L. 105–206 made technical amendment to Pub. L. 104–188, § 1434(c)(1)(E). See 1996 Amendment note below.
1997—Subsec. (e)(5)(A). Pub. L. 105–34, § 1601(d)(6)(A), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “For purposes of this part—
“(i)
“(I) is a self-employed individual (within the meaning of section 401(c)(1)(B)), or
“(II) is employed by an organization other than an organization described in section 501(c)(3).
“(ii)
“(I)
“(II)
Subsec. (e)(5)(C). Pub. L. 105–34, § 1522(a)(1), substituted “not otherwise participating” for “not eligible to participate”.
Subsec. (e)(5)(E). Pub. L. 105–34, § 1522(a)(2), added subpar. (E).
Subsec. (n)(3)(C). Pub. L. 105–34, § 1601(h)(2)(D)(i), inserted “137,” after “132,”.
Subsec. (q)(7), (9). Pub. L. 105–34, § 1601(d)(7), redesignated par. (7), relating to certain employees not considered highly compensated and excluded employees under pre-ERISA rules for church plans, as (9).
Subsec. (t)(2). Pub. L. 105–34, § 1601(h)(2)(D)(ii), inserted “137,” after “132,”.
1996—Subsecs. (b), (c). Pub. L. 104–188, § 1421(b)(9)(C), inserted “408(p),” after “408(k),”.
Subsec. (e)(5). Pub. L. 104–188, § 1461(a), added par. (5).
Subsec. (m)(4)(B). Pub. L. 104–188, § 1421(b)(9)(C), inserted “408(p),” after “408(k),”.
Subsec. (n)(2)(C). Pub. L. 104–188, § 1454(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “such services are of a type historically performed, in the business field of the recipient, by employees.”
Subsec. (n)(3)(B). Pub. L. 104–188, § 1421(b)(9)(C), inserted “408(p),” after “408(k),”.
Subsec. (q)(1). Pub. L. 104–188, § 1431(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “
“(A) was at any time a 5-percent owner,
“(B) received compensation from the employer in excess of $75,000,
“(C) received compensation from the employer in excess of $50,000 and was in the top-paid group of employees for such year, or
“(D) was at any time an officer and received compensation greater than 50 percent of the amount in effect under section 415(b)(1)(A) for such year.
The Secretary shall adjust the $75,000 and $50,000 amounts under this paragraph at the same time and in the same manner as under section 415(d).”
Subsec. (q)(2), (3). Pub. L. 104–188, § 1431(c)(1)(A), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “
Subsec. (q)(4). Pub. L. 104–188, § 1434(b)(1), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “For purposes of this subsection—
“(A)
“(B)
“(i) without regard to sections 125, 402(e)(3), and 402(h)(1)(B), and
“(ii) in the case of employer contributions made pursuant to a salary reduction agreement, without regard to section 403(b).”
Pub. L. 104–188, § 1431(c)(1)(A), redesignated par. (7) as (4).
Subsec. (q)(5). Pub. L. 104–188, § 1434(c)(1)(E), as amended by Pub. L. 105–206, § 6018(c), struck out “under paragraph (4) or the number of officers taken into account under paragraph (5)” after “top-paid group” in introductory provisions.
Pub. L. 104–188, § 1431(c)(1)(A), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: “
“(A)
“(B)
Subsec. (q)(6). Pub. L. 104–188, § 1431(b)(1), (c)(1)(A), redesignated par. (9) as (6) and struck out former par. (6) which related to treatment of families of 5-percent owners or of highly compensated employees.
Subsec. (q)(7). Pub. L. 104–188, § 1462(a), added par. (7) relating to certain employees not considered highly compensated and excluded employees under pre-ERISA rules for church plans.
Pub. L. 104–188, § 1431(c)(1)(A), redesignated par. (10), relating to coordination with other provisions, as (7). Former par. (7) redesignated (4).
Subsec. (q)(8) to (12). Pub. L. 104–188, § 1431(c)(1)(A), redesignated pars. (8) to (11) as (5) to (8), respectively, and struck out par. (12) which related to simplified method for determining highly compensated employees.
Subsec. (r)(2)(A). Pub. L. 104–188, § 1431(c)(1)(D), substituted “subsection (q)(5)” for “subsection (q)(8)”.
Subsec. (s)(2). Pub. L. 104–188, § 1434(b)(2), inserted “not” after “elect” in heading and in text.
Subsec. (u). Pub. L. 104–188, § 1704(n)(1), added subsec. (u).
1992—Subsec. (n)(5)(C)(iii)(I). Pub. L. 102–318, § 521(b)(20), substituted “402(e)(3)” for “402(a)(8)”.
Subsec. (q)(7)(B)(i). Pub. L. 102–318, § 521(b)(21), substituted “402(e)(3)” for “402(a)(8)”.
Subsec. (s)(2). Pub. L. 102–318, § 521(b)(22), substituted “402(e)(3)” for “402(a)(8)”.
1990—Subsec. (n)(2)(B). Pub. L. 101–508 struck out “(6 months in the case of core health benefits)” after “1 year”.
1989—Subsec. (n)(3)(C). Pub. L. 101–239, § 7813(b), amended directory language of Pub. L. 100–647, § 3011(b)(4), see 1988 Amendment note below.
Pub. L. 101–140, § 203(a)(6)(A), struck out “89,” after “79,”.
Subsec. (p)(10). Pub. L. 101–239, § 7811(m)(5), inserted “section” before “403(b)”.
Subsec. (p)(11). Pub. L. 101–239, § 7841(a)(2), added par. (11) and redesignated former par. (11) as (12).
Subsec. (r)(1). Pub. L. 101–140, § 204(b)(2), substituted “sections 129(d)(8) and 410(b)” for “section 410(b)”.
Pub. L. 101–140, § 203(a)(6)(B), substituted “section 410(b)” for “sections 89 and 410(b)”.
Subsec. (t)(2). Pub. L. 101–239, § 7813(b), amended directory language of Pub. L. 100–647, § 3011(b)(5), see 1988 Amendment note below.
Pub. L. 101–140, § 203(a)(6)(C), struck out “89,” after “79,”.
1988—Subsec. (k)(2). Pub. L. 100–647, § 1011A(b)(3), inserted “72(d) (relating to treatment of employee contributions as separate contract),” after “purposes of sections”.
Subsec. (l). Pub. L. 100–647, § 2005(c)(1), (2), substituted “Merger” for “Mergers” in heading, designated existing provision as par. (1), inserted par. (1) heading, and added par. (2).
Subsec. (l)(2)(G). Pub. L. 100–647, § 6067(a), added subpar. (G).
Subsec. (m)(4)(A). Pub. L. 100–647, § 1011(h)(5), substituted “(16), (17), and (26)” for “and (16)”.
Subsec. (m)(4)(C), (D). Pub. L. 100–647, § 1011B(a)(16), struck out subpars. (C) and (D) which read as follows:
“(C) section 105(h), and
“(D) section 125.”
Subsec. (n)(3)(A). Pub. L. 100–647, § 1011(h)(5), substituted “(16), (17), and (26)” for “and (16)”.
Subsec. (n)(3)(C). Pub. L. 100–647, § 3011(b)(4), as amended by Pub. L. 101–239, § 7813(b), struck out “162(i)(2), 162(k),” after “132,” and substituted “505, and 4980B” for “and 505”.
Pub. L. 100–647, § 1011B(a)(19), inserted “162(i)(2), 162(k),” after “132,”.
Subsec. (o). Pub. L. 100–647, § 1011(e)(4), inserted “or any requirement under section 457” after “or (n)(3)”.
Subsec. (p)(4)(B). Pub. L. 100–647, § 1018(t)(8)(E), substituted “means the earlier of” for “means earlier of” and struck out “in” at beginning of cls. (i) and (ii).
Subsec. (p)(9). Pub. L. 100–647, § 1018(t)(8)(G), inserted at end “For purposes of this title, except as provided in regulations, any distribution from an annuity contract under section 403(b) pursuant to a qualified domestic relations order shall be treated in the same manner as a distribution from a plan to which section 401(a)(13) applies.”
Subsec. (p)(10). Pub. L. 100–647, § 1018(t)(8)(F), inserted “, 403(b),” after “section 401”.
Subsec. (q)(1). Pub. L. 100–647, § 1011(i)(1), inserted at end “The Secretary shall adjust the $75,000 and $50,000 amounts under this paragraph at the same time and in the same manner as under section 415(d).”
Subsec. (q)(1)(D). Pub. L. 100–647, § 1011(d)(8), substituted “50” for “150” and “415(b)(1)(A)” for “415(c)(1)(A)”.
Subsec. (q)(6)(C). Pub. L. 100–647, § 1011(i)(2), added subpar. (C).
Subsec. (q)(8). Pub. L. 100–647, § 1011(i)(4)(A), inserted “or the number of officers taken into account under paragraph (5)” after “under paragraph (4)”.
Pub. L. 100–647, § 1011(i)(3)(A)(ii), substituted “Except as provided by the Secretary, the employer” for “The employer” in last sentence.
Subsec. (q)(8)(F). Pub. L. 100–647, § 1011(i)(3)(A)(i), struck out subpar. (F) which read as follows: “employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2)) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3)).”
Subsec. (q)(11). Pub. L. 100–647, § 1011(i)(3)(B), added par. (11).
Subsec. (q)(12). Pub. L. 100–647, § 3021(b)(1), added par. (12).
Subsec. (r)(3). Pub. L. 100–647, § 3021(b)(2)(A), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The requirements of subparagraph (C) of paragraph (2) shall not apply to any line of business if the highly compensated employee percentage with respect to such line of business is—
“(A) not less than one-half, and
“(B) not more than twice,
the percentage which highly compensated employees are of all employees of the employer. An employer shall be treated as meeting the requirements of subparagraph (A) if at least 10 percent of all highly compensated employees of the employer perform services solely for such line of business.”
Subsec. (s). Pub. L. 100–647, § 1011(j)(1), substituted “any applicable provision” for “this part” in introductory provisions.
Subsec. (s)(1). Pub. L. 100–647, § 1011(j)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘compensation’ means compensation for service performed for an employer which (taking into account the provisions of this chapter) is currently includible in gross income.”
Subsec. (s)(2) to (4). Pub. L. 100–647, § 1011(j)(2), added par. (4), redesignated former pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “The Secretary shall prescribe regulations for the determination of the compensation of an employee who is a self-employed individual (within the meaning of section 401(c)(1)) which are based on the principles of paragraph (1).”
Subsec. (t)(1). Pub. L. 100–647, § 1011B(a)(20), struck out “of section 414” before “shall be treated” and “shall apply with”.
Subsec. (t)(2). Pub. L. 100–647, § 3011(b)(5), as amended by Pub. L. 101–239, § 7813(b), struck out “162(i)(2), 162(k),” after “132,” and substituted “505, or 4980B” for “or 505”.
Pub. L. 100–647, § 1011B(a)(17), inserted “162(i)(2), 162(k),” after “132,”.
1987—Subsec. (b). Pub. L. 100–203 struck out “the minimum funding standard of section 412, the tax imposed by section 4971, and” after “one such corporation,”.
1986—Subsec. (k)(2). Pub. L. 99–514, § 1117(c), inserted reference to section 401(m) (relating to nondiscrimination tests for matching requirements and employee contributions).
Subsec. (m)(2)(B)(ii). Pub. L. 99–514, § 1114(b)(11), substituted “highly compensated employees (within the meaning of section 414(q))” for “officers, highly compensated employees, or owners”.
Subsec. (m)(5). Pub. L. 99–514, § 1301(j)(4), substituted “section 144(a)(3)” for “section 103(b)(6)(C)”.
Subsec. (m)(7). Pub. L. 99–514, § 1852(f), amended directory language of Pub. L. 98–369, § 526(d)(2), to correct an error, and did not involve any change in text. See 1984 Amendment note below.
Subsec. (n)(1). Pub. L. 99–514, § 1151(i)(1), substituted “requirements” for “pension requirements”.
Pub. L. 99–514, § 1146(b)(2), struck out “except to the extent otherwise provided in regulations,” after “listed in paragraph (3),”.
Subsec. (n)(2)(B). Pub. L. 99–514, § 1151(i)(2), inserted “(6 months in the case of core health benefits)” after “1 year”.
Subsec. (n)(3). Pub. L. 99–514, § 1151(i)(3), substituted “Requirements” for “Pension requirements” in heading, substituted “requirements” for “pension requirements” in text, and added subpar. (C).
Subsec. (n)(4). Pub. L. 99–514, § 1146(a)(2), substituted “Time when first considered as employee” for “Time when leased employee is first considered as employee” in heading and amended text generally. Prior to amendment, text read as follows: “In the case of any leased employee, paragraph (1) shall apply only for purposes of determining whether the pension requirements listed in paragraph (3) are met for periods after the close of the 1-year period referred to in paragraph (2); except that years of service for the recipient shall be determined by taking into account the entire period for which the leased employee performed services for the recipient (or related persons).”
Subsec. (n)(5). Pub. L. 99–514, § 1146(a)(1), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “This subsection shall not apply to any leased employee if such employee is covered by a plan which is maintained by the leasing organization if, with respect to such employee, such plan—
“(A) is a money purchase pension plan with a nonintegrated employer contribution rate of at least 7½ percent, and
“(B) provides for immediate participation and for full and immediate vesting.”
Subsec. (n)(6). Pub. L. 99–514, § 1301(j)(4), substituted “section 144(a)(3)” for “section 103(b)(6)(C)” in subpar. (A).
Pub. L. 99–514, § 1146(a)(3), substituted “Other rules” for “Related persons” in heading and amended text generally. Prior to amendment, text read as follows: “For purposes of this subsection, the term ‘related persons’ has the same meaning as when used in section 103(b)(6)(C).”
Subsec. (o). Pub. L. 99–514, § 1146(b)(1), inserted provision relating to regulations to minimize recordkeeping requirements in case of employer which has no top-heavy plans and uses the services of persons other than employees for an insignificant percentage of the employer’s total workload.
Subsec. (p)(1)(B)(i). Pub. L. 99–514, § 1898(c)(7)(A)(ii), inserted “former spouse,”.
Subsec. (p)(3)(B). Pub. L. 99–514, § 1899A(12), struck out the comma after “benefits”.
Subsec. (p)(4)(A). Pub. L. 99–514, § 1898(c)(7)(A)(vi), substituted “A” for “In the case of any payment before a participant has separated from service, a” in introductory provisions and inserted “in the case of any payment before a participant has separated from service,” in cl. (i).
Subsec. (p)(4)(B). Pub. L. 99–514, § 1898(c)(7)(A)(vii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “For purposes of this paragraph, the term ‘earliest retirement age’ has the meaning given such term by section 417(f)(3), except that in the case of any defined contribution plan, the earliest retirement age shall be the date which is 10 years before the normal retirement age (within the meaning of section 411(a)(8)).”
Subsec. (p)(5). Pub. L. 99–514, § 1898(c)(7)(A)(v), struck out last sentence which read as follows: “A plan shall not be treated as failing to meet the requirements of subsection (a) or (k) of section 401 which prohibit payment of benefits before termination of employment solely by reason of payments to an alternate payee pursuant to a qualified domestic relations order.”
Subsec. (p)(5)(A). Pub. L. 99–514, § 1898(c)(6)(A), inserted “(and any spouse of the participant shall not be treated as a spouse of the participant for such purposes)”.
Subsec. (p)(5)(B). Pub. L. 99–514, § 1898(c)(7)(A)(iv), substituted “the surviving former spouse” for “the surviving spouse”.
Subsec. (p)(6)(A)(i). Pub. L. 99–514, § 1898(c)(7)(A)(iii), substituted “each alternate payee” for “any other alternate payee”.
Subsec. (p)(7)(A). Pub. L. 99–514, § 1898(c)(2)(A)(i), substituted “shall separately account for the amounts (hereinafter in this paragraph referred to as the ‘segregated amounts’)” for “shall segregate in a separate account in the plan or in an escrow account the amounts”.
Subsec. (p)(7)(B). Pub. L. 99–514, § 1898(c)(2)(A)(ii), substituted “the 18-month period described in subparagraph (E)” for “18 months” and “including any interest” for “plus any interest”.
Subsec. (p)(7)(C). Pub. L. 99–514, § 1898(c)(2)(A)(iii), substituted “the 18-month period described in subparagraph (E)” for “18 months” and “including any interest” for “plus any interest”.
Subsec. (p)(7)(D). Pub. L. 99–514, § 1898(c)(2)(A)(iv), inserted “described in subparagraph (E)”.
Subsec. (p)(7)(E). Pub. L. 99–514, § 1898(c)(2)(A)(v), added subpar. (E).
Subsec. (p)(9). Pub. L. 99–514, § 1898(c)(4)(A), added par. (9). Former par. (9) redesignated (11).
Subsec. (p)(10). Pub. L. 99–514, § 1898(c)(7)(A)(v), added par. (10).
Subsec. (p)(11). Pub. L. 99–514, § 1898(c)(4)(A), redesignated former par. (9) as (11).
Subsec. (q). Pub. L. 99–514, § 1114(a), added subsec. (q).
Subsecs. (r), (s). Pub. L. 99–514, § 1115(a), added subsecs. (r) and (s).
Subsec. (t). Pub. L. 99–514, § 1151(e)(1), added subsec. (t).
1984—Subsec. (h)(1)(B). Pub. L. 98–369, § 491(d)(26), struck out “or 405(a)” after “section 403(a)”.
Subsec. (l). Pub. L. 98–369, § 491(d)(27), struck out “or 405” after “section 403(a)”.
Subsec. (m)(6)(B). Pub. L. 98–369, § 526(a)(1), substituted “section 318(a)” for “section 267(c)”.
Subsec. (m)(7). Pub. L. 98–369, § 526(d)(2), as amended by Pub. L. 99–514, § 1852(f), struck out par. (7) relating to regulations. See subsec. (o) of this section.
Subsec. (n)(2). Pub. L. 98–369, §§ 526(b)(1), 713(i), made identical amendments, substituting “any person who is not an employee of the recipient and” for “any person” in text preceding subpar. (A).
Subsec. (o). Pub. L. 98–369, § 526(d)(1), added subsec. (o).
Subsec. (p). Pub. L. 98–397 added subsec. (p).
1982—Subsecs. (b), (c). Pub. L. 97–248, § 240(c)(1), inserted reference to section 416.
Subsec. (m)(4)(B). Pub. L. 97–248, § 240(c)(2), inserted reference to section 416.
Subsec. (m)(5) to (7). Pub. L. 97–248, § 246(a), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.
Subsec. (n). Pub. L. 97–248, § 248(a), added subsec. (n).
1980—Subsec. (e). Pub. L. 96–364, § 407(b), substituted provisions defining “church plan” with respect to general requirements, exclusion of certain plans, definitions and other provisions, and correction of failures to meet church plan requirements, for provisions defining “church plan” with respect to general requirements, certain unrelated business or multiemployer plans, and special temporary rules for certain church agencies under church plan.
Subsec. (f). Pub. L. 96–364, § 207, substituted provisions setting forth definition, cases of common control, continuation of status after termination, transitional rule, and special election with respect to a multiemployer plan, for provisions setting forth definition and special rules with respect to a multiemployer plan.
Subsec. (l). Pub. L. 96–364, § 208(a), substituted provisions relating to applicability to multiemployer plans subject to title IV of the Employee Retirement Income Security Act of 1974 of provisions of preceding sentence, for provisions relating to applicability of paragraph to multiemployer plans to extent determined by Corporation.
Subsec. (m). Pub. L. 96–605 and Pub. L. 96–613 added an identical subsec. (m).
1978—Subsecs. (b), (c). Pub. L. 95–600 inserted “408(k),” after “sections 401,” wherever appearing.
1976—Subsecs. (a) to (c). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (f). Pub. L. 94–455, § 1901(a)(64)(A), substituted “Plan” for “plan” in heading.
Subsec. (g)(2)(C). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (l). Pub. L. 94–455, § 1901(a)(64)(B), substituted reference to
Pub. L. 117–328, div. T, title I, § 109(d),
Amendment by section 117(b) of Pub. L. 117–328 applicable to taxable years beginning after
Pub. L. 117–328, div. T, title III, § 315(b),
Pub. L. 117–328, div. T, title III, § 320(c),
Pub. L. 117–328, div. T, title III, § 339(c),
Pub. L. 117–328, div. T, title III, § 350(b),
Amendment by section 603(a) of Pub. L. 117–328 applicable to taxable years beginning after
Pub. L. 116–136, div. A, title III, § 3609(c),
Pub. L. 114–113, div. Q, title III, § 336(a)(3),
Pub. L. 114–113, div. Q, title III, § 336(d)(2),
Amendment by Pub. L. 113–295 effective
Pub. L. 113–235, div. P, § 3(c),
Amendment by section 201 of Pub. L. 113–97 applicable to years beginning after
Pub. L. 113–97, title II, § 203(b),
Amendment by Pub. L. 110–458 effective as if included in the provisions of Pub. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Pub. L. 110–458, set out as a note under section 72 of this title.
Amendment by section 104(b) of Pub. L. 110–245 applicable with respect to deaths and disabilities occurring on or after
Amendment by section 105(b)(1) of Pub. L. 110–245 applicable to years beginning after
Pub. L. 110–28, title VI, § 6611(c),
Amendment by section 114(c) of Pub. L. 109–280 applicable to plan years beginning after 2007, see section 114(g)(1) of Pub. L. 109–280, as added by Pub. L. 110–458, set out as a note under section 401 of this title.
Amendment by section 902(d)(1) of Pub. L. 109–280 applicable to plan years beginning after
Pub. L. 109–280, title IX, § 903(c),
Pub. L. 109–280, title IX, § 906(c),
Amendment by Pub. L. 107–147 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, to which such amendment relates, see section 411(x) of Pub. L. 107–147, set out as a note under section 25B of this title.
Pub. L. 107–16, title VI, § 631(b),
Pub. L. 107–16, title VI, § 635(d),
Amendment by Pub. L. 106–554 effective as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 1(a)(7) [title III, § 314(g)] of Pub. L. 106–554, set out as a note under section 56 of this title.
Amendment by section 6018 of Pub. L. 105–206 effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104–188, to which such amendment relates, see section 6018(h) of Pub. L. 105–206, set out as a note under section 23 of this title.
Pub. L. 105–34, title XV, § 1522(b),
Amendment by section 1601(d)(6)(A), (7), (h)(2)(D)(i), (ii) of Pub. L. 105–34 effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104–188, to which it relates, see section 1601(j) of Pub. L. 105–34, set out as a note under section 23 of this title.
Amendment by section 1421(b)(9)(C) of Pub. L. 104–188 applicable to taxable years beginning after
Pub. L. 104–188, title I, § 1431(d), “(1) The amendments made by this section [amending this section, sections 129, 401, 404, 408, and 416 of this title, and provisions set out as a note below] shall apply to years beginning after “(2) The amendments made by subsection (b) [amending this section and sections 401 and 404 of this title] shall apply to years beginning after
Pub. L. 104–188, title I, § 1434(c),
Pub. L. 104–188, title I, § 1454(b),
Amendment by section 1461(a) of Pub. L. 104–188 applicable to years beginning after
Pub. L. 104–188, title I, § 1462(c),
Pub. L. 104–188, title I, § 1704(n)(3),
Amendment by Pub. L. 102–318 applicable to distributions after
Pub. L. 101–508, title XI, § 11703(b)(2),
Amendment by sections 7811(m)(5) and 7813(b) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title.
Amendment by section 7841(a)(2) of Pub. L. 101–239 applicable to transfers after
Amendment by section 203(a)(6) of Pub. L. 101–140 effective as if included in section 1151 of Pub. L. 99–514, see section 203(c) of Pub. L. 101–140, set out as a note under section 79 of this title.
Amendment by section 204(b)(2) of Pub. L. 101–140 applicable to years beginning after
Amendment by sections 1011(d)(8), (e)(4), (h)(5), (i)(1)–(4)(A), (j)(1), (2), 1011A(b)(3), 1011B(a)(16), (17), (19), (20), and 1018(t)(8)(E)–(G) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Pub. L. 100–647, title II, § 2005(c)(3), “(A) Except as provided in subparagraph (B), the amendments made by this subsection [amending this section] shall apply with respect to transactions occurring after “(B) The amendments made by this subsection shall not apply to any transaction occurring after
Amendment by section 3011(b)(4), (5) of Pub. L. 100–647 applicable to taxable years beginning after
Amendment by section 3021(b)(1), (2)(A) of Pub. L. 100–647 applicable to years beginning after
Pub. L. 100–647, title VI, § 6067(c),
Amendment by Pub. L. 100–203 applicable with respect to plan years beginning after
Pub. L. 99–514, title XI, § 1114(c), “(1) Except as provided in this subsection, the amendment made by this section [amending this section and sections 106, 274, 423, and 501 of this title] shall apply to years beginning after “(2) The amendments made by paragraphs (2), (3), (4), (5), and (16) of subsection (b) [amending sections 117, 120, 127, 129, 132, and 505 of this title] shall apply to years beginning after “(3) The amendments made by paragraphs (7), (8), (9), (10), (11), (12), and (15) of subsection (b) [amending this section and sections 401, 404A, 406, 407, 411, 415, and 4975 of this title and section 1108 of Title 29, Labor] shall apply to years beginning after
[Pub. L. 107–16, title VI, § 663(b),
Pub. L. 99–514, title XI, § 1115(b),
Amendment by section 1117(c) of Pub. L. 99–514 applicable to plan years beginning after
Pub. L. 99–514, title XI, § 1146(c), “(1) Except as provided in this subsection, the amendments made by this section [amending this section] shall apply to taxable years beginning after “(2) The amendment made by subsection (a)(1) shall apply to services performed after “(3) In the case of years beginning before the date of the enactment of this Act [
Amendment by section 1151(e)(1), (i) of Pub. L. 99–514 applicable, with certain qualifications and exceptions, to years beginning after
Amendment by section 1301(j)(4) of Pub. L. 99–514 applicable to bonds issued after
Amendment by section 1852(f) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
Amendment by section 1898(c)(2)(A), (4)(A), (6)(A), (7)(A)(ii)–(vii) of Pub. L. 99–514 effective as if included in the provision of the Retirement Equity Act of 1984, Pub. L. 98–397, to which such amendment relates, except as otherwise provided, see section 1898(j) of Pub. L. 99–514, set out as a note under section 401 of this title.
Amendment by Pub. L. 98–397 effective
Amendment by section 491(d)(26), (27) of Pub. L. 98–369 applicable to obligations issued after
Pub. L. 98–369, div. A, title V, § 526(a)(2),
Pub. L. 98–369, div. A, title V, § 526(b)(2),
Pub. L. 98–369, div. A, title V, § 526(d)(3),
Amendment by section 713(i) of Pub. L. 98–369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97–248, to which such amendment relates, see section 715 of Pub. L. 98–369, set out as a note under section 31 of this title.
Amendment by section 240(c) of Pub. L. 97–248, applicable to years beginning after
Pub. L. 97–248, title II, § 246(b),
Pub. L. 97–248, title II, § 248(b),
Pub. L. 96–605, title II, § 201(c), “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 105 and 125 of this title] shall apply to plan years ending after “(2) In the case of a plan in existence on
Pub. L. 96–364, title IV, § 407(c),
Amendment by sections 207 and 208(a) of Pub. L. 96–364 effective
Amendment by Pub. L. 95–600 applicable to taxable years beginning after
Amendment by section 1901(a)(64) of Pub. L. 94–455 effective for taxable years beginning after
Section applicable, except as otherwise provided in section 1017(c) through (i) of Pub. L. 93–406, for plan years beginning after
Pub. L. 109–280, title X, § 1001, “(1) a domestic relations order otherwise meeting the requirements to be a qualified domestic relations order, including the requirements of section 206(d)(3)(D) of such Act and section 414(p)(3) of such Code, shall not fail to be treated as a qualified domestic relations order solely because—“(A) the order is issued after, or revises, another domestic relations order or qualified domestic relations order; or“(B) of the time at which it is issued; and“(2) any order described in paragraph (1) shall be subject to the same requirements and protections which apply to qualified domestic relations orders, including the provisions of section 206(d)(3)(H) of such Act and section 414(p)(7) of such Code.”
Secretary of the Treasury or his delegate to issue before
Pub. L. 117–328, div. T, title V, § 501(a), (b), “(a) If this section applies to any retirement plan or contract amendment—“(1) such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A); and“(2) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), such retirement plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1054(g)] by reason of such amendment.“(b) “(1) This section shall apply to any amendment to any retirement plan or annuity contract which is made—“(A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor (or a delegate of either such Secretary) under this Act [div. T of Pub. L. 117–328, see Tables for classification]; and“(B) on or before the last day of the first plan year beginning on or after In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan, this paragraph shall be applied by substituting ‘2027’ for ‘2025’. For purposes of the preceding sentence, the term ‘applicable collectively bargained plan’ means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act [“(2) This section shall not apply to any amendment unless—“(A) during the period—“(i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan); and“(ii) ending on the date described in paragraph (1)(B) (as modified by the second sentence of paragraph (1)) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and“(B) such plan or contract amendment applies retroactively for such period.”
Pub. L. 116–94, div. O, title VI, § 601, “(a) If this section applies to any retirement plan or contract amendment—“(1) such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A); and“(2) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), such retirement plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1054(g)] by reason of such amendment.“(b) “(1) This section shall apply to any amendment to any retirement plan or annuity contract which is made—“(A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor (or a delegate of either such Secretary) under this Act [div. O of Pub. L. 116–94, see Tables for classification]; and“(B) on or before the last day of the first plan year beginning on or after In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan in the case of section 401 (and the amendments made thereby), this paragraph shall be applied by substituting ‘2027’ for ‘2025’. For purposes of the preceding sentence, the term ‘applicable collectively bargained plan’ means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act [“(2) This section shall not apply to any amendment unless—“(A) during the period—“(i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan); and“(ii) ending on the date described in paragraph (1)(B) (as modified by the second sentence of paragraph (1)) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and“(B) such plan or contract amendment applies retroactively for such period.”
Pub. L. 110–245, title I, § 105(c), “(1) If this subsection applies to any plan or annuity contract amendment, such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i).“(2) “(A) This subsection shall apply to any amendment to any plan or annuity contract which is made—“(i) pursuant to any amendment made by subsection (b)(1) [amending this section], and“(ii) on or before the last day of the first plan year beginning on or after In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this subparagraph shall be applied by substituting ‘2012’ for ‘2010’ in clause (ii).“(B) This subsection shall not apply to any plan or annuity contract amendment unless—“(i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and“(ii) such plan or contract amendment applies retroactively for such period.”
Pub. L. 114–113, div. Q, title III, § 336(a)(2),
Pub. L. 114–113, div. Q, title III, § 336(c), “(1) This subsection shall supersede any law of a State that relates to wage, salary, or payroll payment, collection, deduction, garnishment, assignment, or withholding which would directly or indirectly prohibit or restrict the inclusion in any church plan (as defined in section 414(e) of the Internal Revenue Code of 1986) of an automatic contribution arrangement.“(2) For purposes of this subsection, the term ‘automatic contribution arrangement’ means an arrangement—“(A) under which a participant may elect to have the plan sponsor or the employer make payments as contributions under the plan on behalf of the participant, or to the participant directly in cash,“(B) under which a participant is treated as having elected to have the plan sponsor or the employer make such contributions in an amount equal to a uniform percentage of compensation provided under the plan until the participant specifically elects not to have such contributions made (or specifically elects to have such contributions made at a different percentage), and“(C) under which the notice and election requirements of paragraph (3), and the investment requirements of paragraph (4), are satisfied.“(3) “(A) The plan sponsor of, or plan administrator or employer maintaining, an automatic contribution arrangement shall, within a reasonable period before the first day of each plan year, provide to each participant to whom the arrangement applies for such plan year notice of the participant’s rights and obligations under the arrangement which—“(i) is sufficiently accurate and comprehensive to apprise the participant of such rights and obligations, and“(ii) is written in a manner calculated to be understood by the average participant to whom the arrangement applies.“(B) A notice shall not be treated as meeting the requirements of subparagraph (A) with respect to a participant unless—“(i) the notice includes an explanation of the participant’s right under the arrangement not to have elective contributions made on the participant’s behalf (or to elect to have such contributions made at a different percentage),“(ii) the participant has a reasonable period of time, after receipt of the explanation described in clause (i) and before the first elective contribution is made, to make such election, and“(iii) the notice explains how contributions made under the arrangement will be invested in the absence of any investment election by the participant.“(4) If no affirmative investment election has been made with respect to any automatic contribution arrangement, contributions to such arrangement shall be invested in a default investment selected with the care, skill, prudence, and diligence that a prudent person selecting an investment option would use.“(5) This subsection shall take effect on the date of the enactment of this Act [
Pub. L. 114–113, div. Q, title III, § 336(e), “(1) In the case of—“(A) a church plan (as defined in section 414(e) of the Internal Revenue Code of 1986), including a plan described in section 401(a) of such Code and a retirement income account described in section 403(b)(9) of such Code, and“(B) an organization described in section 414(e)(3)(A) of such Code the principal purpose or function of which is the administration of such a plan or account,the assets of such plan, account, or organization (including any assets otherwise permitted to be commingled for investment purposes with the assets of such a plan, account, or organization) may be invested in a group trust otherwise described in Internal Revenue Service Revenue Ruling 81–100 (as modified by Internal Revenue Service Revenue Rulings 2004–67, 2011–1, and 2014–24), or any subsequent revenue ruling that supersedes or modifies such revenue ruling, without adversely affecting the tax status of the group trust, such plan, account, or organization, or any other plan or trust that invests in the group trust.“(2) This subsection shall apply to investments made after the date of the enactment of this Act [
For special rules on applicability of amendments by subtitles A (§§ 101–108) and B (§§ 111–116) of title I of Pub. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Pub. L. 109–280, set out as notes under section 401 of this title.
Pub. L. 104–188, title I, § 1457, “(a) Not later than “(1) sample language for inclusion in a form for the spousal consent required under section 417(a)(2) of the Internal Revenue Code of 1986 and section 205(c)(2) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1055(c)(2)] which—“(A) is written in a manner calculated to be understood by the average person, and“(B) discloses in plain form—“(i) whether the waiver to which the spouse consents is irrevocable, and“(ii) whether such waiver may be revoked by a qualified domestic relations order, and“(2) sample language for inclusion in a form for a qualified domestic relations order described in section 414(p)(1)(A) of such Code and section 206(d)(3)(B)(i) of such Act [29 U.S.C. 1056(d)(3)(B)(i)] which—“(A) meets the requirements contained in such sections, and“(B) the provisions of which focus attention on the need to consider the treatment of any lump sum payment, qualified joint and survivor annuity, or qualified preretirement survivor annuity.“(b) The Secretary of the Treasury shall include publicity for the sample language developed under subsection (a) in the pension outreach efforts undertaken by the Secretary.”
Pub. L. 104–188, title I, § 1462(b),
Pub. L. 101–140, title II, § 204(b)(1),
[Pub. L. 101–140, title II, § 204(d)(3),
No monies appropriated by Pub. L. 101–136 to be used to implement or enforce section 1151 of Pub. L. 99–514 or the amendments made by such section, see section 528 of Pub. L. 101–136, set out as a note under section 89 of this title.
Pub. L. 100–647, title VI, § 6067(b),
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Pub. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after
For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of Pub. L. 102–318 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after