Pub. L. 110-458, tit. I, subtit. B, sec. 121
AMENDMENTS RELATED TO SECTIONS 102 AND 112 OF THE PENSION PROTECTION ACT OF 2006.
SEC. 121. AMENDMENTS RELATED TO SECTIONS 102 AND 112 OF THE PENSION PROTECTION ACT OF 2006.(a) Amendment of ERISA.—The last sentence of section 303(g)(3)(B) of ERISA is amended to read as follows: “Any such averaging shall be adjusted for contributions, distributions, and expected earnings (as determined by the plan’s actuary on the basis of an assumed earnings rate specified by the actuary but not in excess of the third segment rate applicable under subsection (h)(2)(C)(iii)), as specified by the Secretary of the Treasury.”.(b) Amendment of 1986 Code.—The last sentence of section 430(g)(3)(B) of the 1986 Code is amended to read as follows: “Any such averaging shall be adjusted for contributions, distributions, and expected earnings (as determined by the plan’s actuary on the basis of an assumed earnings rate specified by the actuary 122 STAT. 5114 but not in excess of the third segment rate applicable under subsection (h)(2)(C)(iii)), as specified by the Secretary.”.(c) Effective Date.—The amendments made by this section shall take effect as if included in the provisions of the 2006 Act to which the amendments relate.