Pub. L. 101-239, tit. VII, subtit. H, pt. V, subpt. D, sec. 7894
OTHER AMENDMENTS TO ERISA.
SEC. 7894. OTHER AMENDMENTS TO ERISA. (a) Amendments Related to Section 3.— (1)(A) Section 3(33)(D)(iii) of ERISA is amended by inserting “of the Treasury” after “Secretary” each place it appears. (B) The amendments made by subparagraph (A) shall take effect as if included in section 407 of the Multiemployer Pension Plan Amendments Act of 1980. (2)(A) Section 3(37)(F) of ERISA (as added by section 136 of Public Law 100–202 (101 Stat. 1329–441)) is amended— (i) in clause (i)(II), by striking “such Code” and inserting “the Internal Revenue Code of 1986”; (ii) in clause (ii)(I), by inserting “of such Code” after “section 501(c)”; and (iii) in clause (ii)(II), by inserting “of such Code” after “section 170(b)(1)(A)(ii)”. (B) The amendment made by this paragraph shall take effect as if included in section 136 of Public Law 100–202. (3) Section 3(39) of ERISA is amended by inserting a comma after “mean” and by inserting “the” before “calendar”. (4) Section 3 of ERISA is amended by adding at the end the following new paragraph: “(41) Single-employer plan.—The term ‘single-employer plan’ means an employee benefit plan other than a multiemployer plan.”. (b) Amendments Related to Part 1 of Subtitle B of Title I.— (1) The heading for part 1 of subtitle B of title I of ERISA is amended by striking “Part I” and inserting “Part 1”. (2) Section 101(a)(2) of ERISA is amended by striking “section” and inserting “sections”. (3) Section 104(a)(5)(B) of ERISA is amended by striking the period and inserting a comma. (4) Section 104(b)(1) of ERISA is amended by striking the comma after “summary”. (5) Section 105(b) of ERISA is amended by striking “12 month” and inserting “12-month”. (6) Section 106(b) of ERISA is amended by striking “section” and inserting “sections”. (7) Section 108 of ERISA is amended by striking “act of omission” and inserting “act or omission”. (c) Amendments Related to Part 2 of Subtitle B of Title I.— (1)(A) Section 201 of ERISA is amended— (i) in paragraph (6), by striking “or” at the end; (ii) in paragraph (7), by striking “plan.” and inserting “plan; or”; and (iii) in paragraph (8), by striking “Any” and inserting “any”. 103 STAT. 2449 (B) The amendments made by subparagraph (A) shall take effect as if included in section 411 of the Multiemployer Pension Plan Amendments Act of 1980. (2)(A) Section 202(a)(1)(B)(ii) of ERISA is amended by striking “institution” and inserting “organization”. (B) Section 202(b)(2) of ERISA is amended by striking “the plan” and inserting “a plan”. (3) Section 203(a)(3)(D)(v) of ERISA is amended by striking “nonforfeitably” and inserting “nonforfeitability”. (4) Section 204(b)(1)(A) of ERISA is amended in the last sentence by striking “suparagraph” and inserting “subparagraph”. (5) Section 204(b)(1)(E) of ERISA is amended by striking “years” in the last sentence and inserting “year”. (6) Section 204(d) of ERISA is amended, in the matter following paragraph (2), so as to remove the indentation of the term “Paragraph” the first place it appears. (7)(A) Section 205(c)(6) of ERISA is amended by striking “act” and inserting “Act”. (B) The amendment made by subparagraph (A) shall take effect as if included in section 103 of the Retirement Equity Act of 1984 in reference to the new section 205(c)(5) of ERISA as added by such section 3113. (8) Section 206(a)(1) of ERISA is amended by inserting “occurs” after“(1)”. (9)(A) Section 206(d)(3)(I) of ERISA is amended by striking “act” and inserting “Act”. (B) The amendment made by subparagraph (A) shall take effect as if included in section 104 of the Retirement Equity Act of 1984. (10) Section 210(c) of ERISA is amended by striking “such code” and inserting “such Code”. (11)(A) Section 201(6) of ERISA is amended by striking “section 409 of such Code” and inserting “section 409 of the Internal Revenue Code of 1954 (as effective for obligations issued before January 1, 1984)”. (B) The amendment made by subparagraph (A) shall take effect as if originally included in section 491(b) of Public Law 98–369. (d) Amendment Related to Part 3 of Subtitle B of Title I.— (1)(A) Section 301(a) of ERISA is amended— (i) in paragraph (8), by striking “or” at the end; (ii) in paragraph (9), by striking “plan.” and inserting “plan; or”; and (iii) in paragraph (10), by striking “Any” and inserting “any”. (B) The amendments made by subparagraph (A) shall take effect as if included in section 411 of the Multiemployer Pension Plan Amendments Act of 1980. (2) Clause (iii) of section 302(b)(3)(B) of ERISA is amended by striking the period and inserting a comma. (3) Subparagraph (A) of section 3O4(b)(2) of ERISA is amended by striking the period and inserting a comma. (4)(A) Section 301(a)(7) of ERISA is amended by striking “section 409 of such Code” and inserting “section 409 of the Internal Revenue Code of 1954 (as effective for obligations issued before January 1, 1984)”. 103 STAT. 2450 (B) The amendment made by subparagraph (A) shall take effect as if originally included in section 491(b) of Public Law 98–369. (5) Paragraph (6) of section 302(c) of ERISA is amended by striking “subsection (g)” and inserting “section 305”. (e) Amendments Related to Part 4 of Subtitle B of Title I.— (1)(A) Subsection (c) of section 403 of ERISA is amended— (i) in paragraph (2)(A), by striking “part iv” and inserting “title IV”, and (ii) by inserting “if such contribution or payment is” after “(i)” and “(ii)”, respectively. (B) The amendments made by subparagraph (A) shall take effect as if included in section 410 of the Multiemployer Pension Plan Amendments Act of 1980. (2) Section 407(d)(6)(A) of ERISA is amended— (A) by inserting “plan” after “money purchase”; and (B) by striking “employee securities” and inserting “employer securities”. (3) Paragraph (3) of section 403(b) of ERISA is amended— (A) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (B) by striking “, to the extent” and all that follows through “applicable” in subparagraph (B) (as so redesignated); and (C) by adding at the end, after and below subparagraph (B) (as redesignated), the following: “to the extent that such plan’s assets are held in one or more custodial accounts which qualify under section 401(f) or 408(h) of such Code, whichever is applicable.”. (4)(A) Section 408(d) of ERISA is amended, in the last sentence— (i) by striking “individual retirement account, individual retirement annuity, or an individual retirement bond (as defined in section 408 or 409 of the Internal Revenue Code of 1954)” and inserting “individual retirement account or individual retirement annuity described in section 408 of the Internal Revenue Code of 1954 or a retirement bond described in section 409 of the Internal Revenue Code of 1954 (as effective for obligations issued before January 1, 1984)”; and (ii) by striking “section 408(c) of such code” and inserting “section 408(c) of such Code”. (B) The amendments made by subparagraph (A) shall take effect as if originally included in section 491(b) of the Deficit Reduction Act of 1984. (5) Section 413 of ERISA is amended by striking “(a)”. (6) Section 414(c)(2) of ERISA is amended by striking “1954)” and inserting “1986”, and by striking “prior law” and inserting “prior law)”. (f) Amendments Related to Part 5 of Subtitle B of Title I.— (1) Section 502(b)(1) of ERISA is amended by striking “respct” and inserting “respect”. (2)(A) Section 514(b)(5)(C) of ERISA (as amended by section 301 of Public Law 97–473 (96 Stat. 2611)) is amended by striking “such parts” the second place it appears and inserting “such parts 1 and 4 and the preceding sections of this part”. 103 STAT. 2451 (B) The amendment made by this paragraph shall take effect as if included in section 301 of Public Law 97–473. (3)(A) Section 514(b)(6)(B) of ERISA (as amended by section 302 of Public Law 97–473 (96 Stat. 2612)) is amended by striking “section 3(1)” and inserting “section 3d)”. (B) The amendments made by this paragraph shall take effect as if included in section 302 of Public Law 97–473. (g) Amendments to Title IV.— (1) Section 4022(b)(2) of ERISA is amended by striking “60 month” and inserting “60-month”. (2) Paragraph (1) of section 4044(a) of ERISA is amended by striking “accured” and inserting “accrued”. (3)(A) Section 4021(a) of ERISA is amended by striking “this section” and inserting “this title”. (B) Section 4022(a) of ERISA is amended by striking “section 4021” and inserting “this title”. (C)(i) Section 4022A(a)(1) of ERISA is amended by striking “section 4021” and inserting “this title”. (ii) The amendment made by clause (i) shall take effect as if originally included in section 102 of the Multiemployer Pension Plan Amendments Act of 1980. (4)(A) Paragraph (2) of section 4068(c) of ERISA is amended by striking “section 3466 of the Revised Statutes (31 U.S.C. 191)” and inserting “section 3713 of title 31 of the United States Code”. (B) The amendment made by subparagraph (A) shall take effect as if originally included in section 3 of Public Law 97–258. (h) Amendments Clarifying Applicability of Original Effective Date Provisions.— (1) Section 111 of ERISA is amended by adding at the end the following new subsection: “(d) Subsections (b) and (c) shall not apply with respect to amendments made to this part in provisions enacted after the date of the enactment of this Act.”. (2) Section 211 of ERISA is amended by adding at the end the following new subsection: “(f) The preceding provisions of this section shall not apply with respect to amendments made to this part in provisions enacted after the date of the enactment of this Act.”. (3) Section 308 of ERISA is amended by adding at the end the following new subsection: “(f) The preceding provisions of this section shall not apply with respect to amendments made to this part in provisions enacted after the date of the enactment of this Act.”. (4) Section 414 of ERISA is amended by adding at the end the following new subsection: “(e) The preceding provisions of this section shall not apply with respect to amendments made to this part in provisions enacted after the date of the enactment of this Act.”. (5)(A) Section 4402 of ERISA is amended by adding at the end the following new subsection: “(i) The preceding provisions of this section shall not apply with respect to amendments made to this title in provisions enacted after the date of the enactment of the Tax Reform Act of 1986.”. (B) The amendment made by subparagraph (A) shall take effect as if originally included in the Reform Act. 103 STAT. 2452 (i) Effective Date.—Except as otherwise provided in this section, any amendment made by this section shall take effect as if originally included in the provision of the Employee Retirement Income Security Act of 1974 to which such amendment relates.