# Pub. L. 110-458: changes to the Internal Revenue Code 2008-12-23, 122 Stat. 5109. Source: . ## Legislative history - Bill: [H.R. 7327](https://www.congress.gov/bill/110th-congress/house-bill/7327) - Bluebook: [JCT general explanation (2009)](https://www.govinfo.gov/app/details/CPRT-111JPRT46159) ## § 72: Annuities; certain proceeds of endowment and life insurance contracts - § 72(t)(2)(G)(iv): Pub. L. 110–458 inserted “on or” before “before” in first sentence. ## § 105: Amounts received under accident and health plans - § 105(j): Pub. L. 110–458 added subsec. (j). ## § 401: Qualified pension, profit-sharing, and stock bonus plans - § 401(a)(9)(H): Pub. L. 110–458, § 201(a), added subpar. (H). - § 401(a)(29): Pub. L. 110–458, § 101(d)(2)(A), struck out “on plans in at-risk status” after “limitations” in heading. - § 401(a)(32)(C): Pub. L. 110–458, § 101(d)(2)(B), substituted “section 430(j)(3)” for “section 430(j)” and “section 430(j)(4)(A)” for “paragraph (5)(A)”. - § 401(a)(33)(B)(iii): Pub. L. 110–458, § 101(d)(2)(C)(i), substituted “section 412(d)(2)” for “section 412(c)(2)”. - § 401(a)(33)(D): Pub. L. 110–458, § 101(d)(2)(C)(ii), substituted “section 412(b)(1), without regard to section 412(b)(2)” for “section 412(b)(2) (without regard to subparagraph (B) thereof)”. - § 401(a)(35)(E)(iv): Pub. L. 110–458, § 109(a), amended cl. (iv) generally. Prior to amendment, text read as follows: “For purposes of clause (iii), the term ‘one-participant retirement plan’ means a retirement plan that— - § 401(k)(8)(E): Pub. L. 110–458, § 109(b)(2), substituted “permissible withdrawal” for “erroneous automatic contribution” in heading and “a permissible withdrawal” for “an erroneous automatic contribution” in text. - § 401(k)(13)(D)(i)(I): Pub. L. 110–458, § 109(b)(1), substituted “such contributions as exceed 1 percent but do not” for “such compensation as exceeds 1 percent but does not”. ## § 402: Taxability of beneficiary of employees’ trust - § 402(c)(4): Pub. L. 110–458, § 201(b), inserted concluding provisions. - § 402(c)(11)(A): Pub. L. 110–458, § 108(f)(1)(A), inserted “described in paragraph (8)(B)(iii)” after “eligible retirement plan” in introductory provisions. - § 402(c)(11)(A)(i): Pub. L. 110–458, § 108(f)(2)(B), struck out “for purposes of this subsection” after “eligible rollover distribution”. - § 402(c)(11)(B): Pub. L. 110–458, § 108(f)(1)(B), struck out “trust” before “designated beneficiary”. - § 402(f)(2)(A): Pub. L. 110–458, § 108(f)(2)(A), inserted at end “Such term shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of subsection (c)(11), or section 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requirements of subsection (c)(11) were satisfied.” - § 402(g)(2)(A)(ii): Pub. L. 110–458, § 109(b)(3), inserted “through the end of such taxable year” after “such amount”. - § 402(l)(1): Pub. L. 110–458, § 108(j)(1)(A), inserted “maintained by the employer described in paragraph (4)(B)” after “an eligible retirement plan” and struck out “of the employee, his spouse, or dependents (as defined in section 152)” after “qualified health insurance premiums”. - § 402(l)(3)(B): Pub. L. 110–458, § 108(j)(2), substituted “all amounts to the credit of the eligible public safety officer in all eligible retirement plans maintained by the employer described in paragraph (4)(B) were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible” for “all amounts distributed from all eligible retirement plans were treated as 1 contract for purposes of determining the inclusion of such distribution under section 72”. - § 402(l)(4)(D): Pub. L. 110–458, § 108(j)(1)(B), inserted “(as defined in section 152)” after “dependents” and substituted “health plan” for “health insurance plan”. - § 402(l)(5)(A): Pub. L. 110–458, § 108(j)(1)(C), substituted “health plan” for “health insurance plan”. ## § 404: Deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan - § 404(a)(1)(D)(i): Pub. L. 110–458, § 108(b), substituted “431(c)(6)(D)” for “431(c)(6)(C)”. - § 404(a)(7)(A): Pub. L. 110–458, § 108(a)(2), in concluding provisions, substituted “the excess (if any) of the plan’s funding target (as defined in section 430(d)(1)) over the value of the plan’s assets (as determined under section 430(g)(3))” for “the plan’s funding shortfall determined under section 430” in last sentence and struck out second sentence which read as follows: “For purposes of clause (ii), if paragraph (1)(D) applies to a defined benefit plan for any plan year, the amount necessary to satisfy the minimum funding standard provided by section 412 with respect to such plan for such plan year shall not be less than the unfunded current liability of such plan under section 412(l).” - § 404(a)(7)(C)(iii): Pub. L. 110–458, § 108(c), amended cl. (iii) generally. Prior to amendment, text read as follows: “In the case of employer contributions to 1 or more defined contribution plans, this paragraph shall only apply to the extent that such contributions exceed 6 percent of the compensation otherwise paid or accrued during the taxable year to the beneficiaries under such plans. For purposes of this clause, amounts carried over from preceding taxable years under subparagraph (B) shall be treated as employer contributions to 1 or more defined contributions to the extent attributable to employer contributions to such plans in such preceding taxable years.” - § 404(o)(2)(A)(ii): Pub. L. 110–458, § 108(a)(1)(A), substituted “430(g)(3)” for “430(g)(2)”. - § 404(o)(4)(B): Pub. L. 110–458, § 108(a)(1)(B), substituted “412(d)(3)” for “412(f)(4)”. ## § 408A: Roth IRAs - § 408A(c)(3)(B): Pub. L. 110–458, § 108(d)(1), in introductory provisions, struck out second “an” before “eligible” and “other than a Roth IRA” before “during any taxable year”, and inserted as concluding provisions “This subparagraph shall not apply to a qualified rollover contribution from a Roth IRA or to a qualified rollover contribution from a designated Roth account which is a rollover contribution described in section 402A(c)(3)(A).” - § 408A(c)(3)(C), § 408A(c)(3)(E): Pub. L. 110–458, § 108(h)(1), redesignated subpar. (C) relating to inflation adjustment as subpar. (E). - § 408A(d)(3)(B): Pub. L. 110–458, § 108(d)(2), struck out “(other than a Roth IRA)” after “section 402(c)(8)(B))” and inserted at end “This paragraph shall not apply to a distribution which is a qualified rollover contribution from a Roth IRA or a qualified rollover contribution from a designated Roth account which is a rollover contribution described in section 402A(c)(3)(A)”. - § 408A(c)(3)(D), § 408A(c)(3)(E): Pub. L. 110–458, § 108(h)(2), redesignated subpar. (E) as (D) and substituted “subparagraph (B)(ii)” for “subparagraph (C)(ii)”. ## § 409A: Inclusion in gross income of deferred compensation under nonqualified deferred compensation plans - § 409A(b)(3)(A)(ii): Pub. L. 110–458 inserted “to an applicable covered employee” after “under the plan”. ## § 411: Minimum vesting standards - § 411(a)(3)(C): Pub. L. 110–458, § 101(d)(2)(D)(i), substituted “section 412(d)(2)” for “section 412(c)(2)”. - § 411(a)(3)(G): Pub. L. 110–458, § 109(b)(2), substituted “permissible withdrawal” for “erroneous automatic contribution” in heading and “a permissible withdrawal” for “an erroneous automatic contribution” in text. - § 411(a)(13)(A): Pub. L. 110–458, § 107(b)(2), substituted “subparagraph (B)” for “paragraph (2)” in cl. (i) and “subparagraph (C)” for paragraph (3) in concluding provisions, added cl. (ii), and struck out former cl. (ii) which read as follows: “the requirements of subsection (c) or section 417(e) with respect to contributions other than employee contributions,”. - § 411(b)(5)(A)(iii): Pub. L. 110–458, § 107(b)(1)(A), substituted “subparagraph” for “clause”. - § 411(b)(5)(B)(i)(II): Pub. L. 110–458, § 107(b)(3), amended subcl. (II) generally. Prior to amendment, text read as follows: “An interest credit (or an equivalent amount) of less than zero shall in no event result in the account balance or similar amount being less than the aggregate amount of contributions credited to the account.” - § 411(b)(5)(C): Pub. L. 110–458, § 107(b)(1)(B), inserted “otherwise” before “allowable”. - § 411(d)(6)(A): Pub. L. 110–458, § 101(d)(2)(D)(ii), substituted “section 412(d)(2)” for “section 412(e)(2)”. ## § 412: Minimum funding standards - § 412(b)(3): Pub. L. 110–458, § 102(b)(2)(H), substituted “the plan sponsor adopts” for “the plan adopts”. - § 412(c)(1)(A)(i): Pub. L. 110–458, § 101(a)(2)(A), substituted “the plan are” for “the plan is”. - § 412(c)(7)(A): Pub. L. 110–458, § 101(a)(2)(B), inserted “which reduces the accrued benefit of any participant” after “subsection (d)(2)”. - § 412(d)(1): Pub. L. 110–458, § 101(a)(2)(C), struck out “, the valuation date,” after “If the funding method”. ## § 414: Definitions and special rules - § 414(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”. - § 414(w)(3)(B), § 414(w)(3)(C), § 414(w)(3): 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”. - § 414(w)(5)(D), § 414(w)(5)(E): Pub. L. 110–458, § 109(b)(5), added subpars. (D) and (E). - § 414(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. - § 414(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.” ## § 415: Limitations on benefits and contribution under qualified plans - § 415(b)(2)(E)(v): Pub. L. 110–458, § 103(b)(2)(B)(i), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: “For purposes of adjusting any benefit or limitation under subparagraph (B), (C), or (D), the mortality table used shall be the table prescribed by the Secretary. Such table shall be based on the prevailing commissioners’ standard table (described in section 807(d)(5)(A)) used to determine reserves for group annuity contracts issued on the date the adjustment is being made (without regard to any other subparagraph of section 807(d)(5)).” - § 415(b)(2)(E)(vi): Pub. L. 110–458, § 122(a), added cl. (vi). - § 415(b)(10): Pub. L. 110–458, § 109(d)(1), made technical correction to directory language of Pub. L. 109–280, § 906(b)(1)(B)(ii). See 2006 Amendment note below. - § 415(f)(2), § 415(f): Pub. L. 110–458, § 108(g), redesignated par. (3) as par. (2) and struck out former par. (2) which related to annual compensation taken into account for defined benefit plans. ## § 417: Definitions and special rules for purposes of minimum survivor annuity requirements - § 417(e)(3)(D): Pub. L. 110–458 substituted “subparagraph (C)” for “clause (ii)”. ## § 420: Transfers of excess pension assets to retiree health accounts - § 420(c)(1)(A): Pub. L. 110–458, § 108(i)(1), inserted last sentence “In the case of a qualified future transfer or collectively bargained transfer to which subsection (f) applies, any assets so transferred may also be used to pay liabilities described in subsection (f)(2)(C).” - § 420(f)(2)(D)(i)(I): Pub. L. 110–458, § 108(i)(2), struck out “such” after “average amount of”. ## § 430: Minimum funding standards for single-employer defined benefit pension plans - § 430(b): Pub. L. 110–458, § 101(b)(2)(A), amended subsec. (b) generally. Prior to amendment, text read as follows: “For purposes of this section, except as provided in subsection (i)(2) with respect to plans in at-risk status, the term ‘target normal cost’ means, for any plan year, the present value of all benefits which are expected to accrue or to be earned under the plan during the plan year. For purposes of this subsection, if any benefit attributable to services performed in a preceding plan year is increased by reason of any increase in compensation during the current plan year, the increase in such benefit shall be treated as having accrued during the current plan year.” - § 430(c)(5): Pub. L. 110–458, § 202(b)(2), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “Except as provided in clauses (iii) and (iv), in the case of plan years beginning after 2007 and before 2011, only the applicable percentage of the funding target shall be taken into account under paragraph (3)(A) in determining the funding shortfall for the plan year for purposes of subparagraph (A).” - § 430(c)(5): Pub. L. 110–458, § 202(b)(1), redesignated cl. (iv) as (iii) and struck out former cl. (iii). Prior to amendment, text read as follows: “Clause (i) shall not apply with respect to any plan year beginning after 2008 unless the shortfall amortization base for each of the preceding years beginning after 2007 was zero (determined after application of this subparagraph).” - § 430(c)(5): Pub. L. 110–458, § 101(b)(2)(B), inserted “beginning” before “after 2008”. - § 430(c)(5): Pub. L. 110–458, § 202(b)(1), redesignated cl. (iv) as (iii). - § 430(c)(5): Pub. L. 110–458, § 101(b)(2)(C), inserted “for such year” after “beginning in 2007)”. - § 430(f)(3)(A): Pub. L. 110–458, § 101(b)(2)(D)(i), struck out “as of the first day of the plan year” after “credited by the plan sponsor”. - § 430(f)(4)(A): Pub. L. 110–458, § 101(b)(2)(D)(ii), substituted “paragraph (3)” for “paragraph (2)”. - § 430(f)(6)(B)(iii): Pub. L. 110–458, § 101(b)(2)(D)(iii), substituted “subsection (b), (c), or (e) of section 436” for “paragraph (1), (2), or (4) of section 206(g)”. - § 430(f)(6)(C): Pub. L. 110–458, § 101(b)(2)(D)(iv), struck out “the sum of” after “by” in introductory provisions. - § 430(f)(8): Pub. L. 110–458, § 101(b)(2)(D)(v), struck out “of the Treasury” after “by the Secretary”. - § 430(g)(3)(B): Pub. L. 110–458, § 121(b), amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: “Any such averaging shall be adjusted for contributions and distributions (as provided by the Secretary).” - § 430(h)(2)(B): Pub. L. 110–458, § 101(b)(2)(E)(i), (ii), in introductory provisions, inserted “and target normal cost” after “funding target” and substituted “benefits” for “liabilities”. - § 430(h)(2)(F): Pub. L. 110–458, § 101(b)(2)(E)(iii), (iv), substituted “section 417(e)(3)(D)(i) for such month)” for “section 417(e)(3)(D)(i)) for such month” and “subparagraph (C)” for “subparagraph (B)”. - § 430(i)(2)(A): Pub. L. 110–458, § 101(b)(2)(F)(i)(I), added subpar. (A) and struck out former subpar. (A) which read as follows: “the present value of all benefits which are expected to accrue or be earned under the plan during the plan year, determined using the additional actuarial assumptions described in paragraph (1)(B), plus”. - § 430(i)(2)(B): Pub. L. 110–458, § 101(b)(2)(F)(i)(II), substituted “the amount determined under subsection (b)(1)(A)(i) with respect to the plan for the plan year” for “the target normal cost (determined without regard to this paragraph) of the plan for the plan year”. - § 430(i)(4)(B): Pub. L. 110–458, § 101(b)(2)(F)(ii), substituted “subparagraph (A)” for “subparagraph (A)(ii)” in concluding provisions. - § 430(j)(3)(A): Pub. L. 110–458, § 101(b)(2)(G)(i), inserted at end “In the case of plan years beginning in 2008, the funding shortfall for the preceding plan year may be determined using such methods of estimation as the Secretary may provide.” - § 430(j)(3)(D)(ii)(II): Pub. L. 110–458, § 101(b)(2)(G)(ii), substituted “section 412(c)” for “section 302(c)”. - § 430(j)(3)(E): Pub. L. 110–458, § 101(b)(2)(G)(iii), (iv), substituted “, short years, and years with alternate valuation date” for “and short years” in heading and added cl. (iii). - § 430(k)(1): Pub. L. 110–458, § 101(b)(2)(H)(i), inserted “(as provided under paragraph (2))” after “applies” in introductory provisions. - § 430(k)(6)(B): Pub. L. 110–458, § 101(b)(2)(H)(ii), struck out “, except that in the case of a payment other than a required installment, the due date shall be the date such payment is required to be made under section 430” before period at end. ## § 432: Additional funding rules for multiemployer plans in endangered status or critical status - § 432(b)(3)(C): Pub. L. 110–458, § 102(b)(2)(A), substituted “section 101(b)(1)” for “section 101(b)(4)”. - § 432(b)(3)(D)(iii): Pub. L. 110–458, § 102(b)(2)(B), substituted “The Secretary, in consultation with the Secretary of Labor” for “The Secretary of Labor”. - § 432(c)(3)(A)(ii): Pub. L. 110–458, § 102(b)(2)(C)(i), substituted “section 431(d)” for “section 304(d)”. - § 432(c)(7)(A)(ii): Pub. L. 110–458, § 102(b)(2)(C)(ii)(I), substituted “to adopt a contribution schedule with terms consistent with the funding improvement plan and a schedule from the plan sponsor,” for “to agree on changes to contribution or benefit schedules necessary to meet the applicable benchmarks in accordance with the funding improvement plan,”. - § 432(c)(7)(B): Pub. L. 110–458, § 102(b)(2)(C)(ii)(II), added subpar. (B), and struck out former subpar. (B). Prior to amendment, text read as follows: “The date specified in this subparagraph is the earlier of the date— - § 432(e)(3)(C)(i)(II): Pub. L. 110–458, § 102(b)(2)(D)(i)(I), substituted “to adopt a contribution schedule with terms consistent with the rehabilitation plan and a schedule from the plan sponsor under paragraph (1)(B)(i),” for “contribution or benefit schedules with terms consistent with the rehabilitation plan and the schedule from the plan sponsor under paragraph (1)(B)(i),”. - § 432(e)(3)(C)(ii): Pub. L. 110–458, § 102(b)(2)(D)(i)(II), added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “The date specified in this clause is the earlier of the date— - § 432(e)(4)(A)(ii): Pub. L. 110–458, § 102(b)(2)(D)(ii)(I), struck out “the date of” after “in effect on”. - § 432(e)(4)(B): Pub. L. 110–458, § 102(b)(2)(D)(ii)(II), substituted “but taking” for “and taking”. - § 432(e)(6): Pub. L. 110–458, § 102(b)(2)(D)(iii), substituted “the last sentence of paragraph (1)” for “paragraph (1)(B)(i)” in introductory provisions and “establish” for “established” in concluding provisions. - § 432(e)(8)(A)(i): Pub. L. 110–458, § 102(b)(2)(D)(iv)(I), substituted “section 411(d)(6)” for “section 204(g)”. - § 432(e)(8)(C)(i)(II): Pub. L. 110–458, § 102(b)(2)(D)(iv)(II), inserted “of the Employee Retirement Income Security Act of 1974” after “section 4212(a)”. - § 432(e)(8)(C)(iii): Pub. L. 110–458, § 102(b)(2)(D)(iv)(IV), which directed substitution of “the Secretary” for “the Secretary of Labor” in last sentence, was executed by making the substitution for “The Secretary of Labor”, to reflect the probable intent of Congress. - § 432(e)(8)(C)(iii)(I): Pub. L. 110–458, § 102(b)(2)(D)(iv)(III), substituted “the Secretary, in consultation with the Secretary of Labor” for “the Secretary of Labor”. - § 432(e)(9)(B): Pub. L. 110–458, § 102(b)(2)(D)(v), substituted “the allocation of unfunded vested benefits to an employer” for “an employer’s withdrawal liability”. - § 432(f)(2)(A)(i): Pub. L. 110–458, § 102(b)(2)(E), substituted “section 411(a)(9)” for “411(b)(1)(A)” and inserted at end “to a participant or beneficiary whose annuity starting date (as defined in section 417(f)(2)) occurs after the date such notice is sent,”. - § 432(g): Pub. L. 110–458, § 102(b)(2)(F), inserted “under subsection (c)” after “for adoption of a funding improvement plan”. - § 432(i): Pub. L. 110–458, § 102(b)(2)(G)(i), substituted “section 431(a)” for “section 412(a)”. - § 432(i): Pub. L. 110–458, § 102(b)(2)(G)(ii), added par. (9) and struck out former par. (9). Prior to amendment, text read as follows: “In the case of a plan described under section 404(c), or a continuation of such a plan, the term ‘plan sponsor’ means the bargaining parties described under paragraph (1).” ## § 436: Funding-based limits on benefits and benefit accruals under single-employer plans - § 436(b)(2): Pub. L. 110–458, § 101(c)(2)(A), substituted “section 430” for “section 303” in introductory provisions and “an adjusted funding” for “a funding” in subpar. (B). - § 436(b)(3): Pub. L. 110–458, § 101(c)(2)(B), inserted “benefit” after “event” in heading and substituted “an event” for “any event” in subpar. (B). - § 436(d)(5): Pub. L. 110–458, § 101(c)(2)(C), inserted concluding provisions. - § 436(f)(1)(D): Pub. L. 110–458, § 101(c)(2)(D)(i), inserted “adjusted” before “funding”. - § 436(f)(2): Pub. L. 110–458, § 101(c)(2)(D)(ii), substituted “prefunding balance or funding standard carryover balance under section 430(f)” for “prefunding balance under section 430(f) or funding standard carryover balance”. - § 436(j)(3): Pub. L. 110–458, § 101(c)(2)(E)(i), struck out “without regard to this paragraph and” before “without regard to the reduction” and substituted “section 430(f)(4)” for “section 430(f)(4)(A)” and “paragraphs (1) and (2)” for “paragraph (1)”. - § 436(j)(3): Pub. L. 110–458, § 101(c)(2)(E)(ii), substituted “without regard to the reduction in the value of assets under section 430(f)(4)” for “without regard to this paragraph” and inserted “beginning” before “after” in two places. - § 436(k), § 436(l), § 436: Pub. L. 110–458, § 101(c)(2)(F), added subsecs. (k) and (l) and redesignated former subsec. (k) as (m). ## § 3121: Definitions - § 3121(b)(5)(E): Pub. L. 110–458 struck out “or special trial judge” before “of the United States Tax Court”. ## § 3304: Approval of State laws - § 3304(a): Pub. L. 110–458, § 111(b)(2), struck out concluding provisions which read as follows: “Compensation shall not be reduced under paragraph (15) for any pension, retirement or retired pay, annuity, or similar payment which is not includible in gross income of the individual for the taxable year in which paid because it was part of a rollover distribution.” - § 3304(a)(15): Pub. L. 110–458, § 111(b)(1), inserted “(A) subject to subparagraph (B),” after par. designation, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), substituted “, and” for semicolon at end of cl. (ii), and added subpar. (B). ## § 4971: Taxes on failure to meet minimum funding standards - § 4971(b)(1): Pub. L. 110–458, § 101(d)(2)(F)(i), substituted “minimum required” for “required minimum”. - § 4971(c)(3): Pub. L. 110–458, § 101(d)(2)(F)(ii), inserted “or unpaid minimum required contribution, whichever is applicable” after “accumulated funding deficiency” in two places in introductory provisions. - § 4971(d)(1): Pub. L. 110–458, § 101(d)(2)(F)(ii), inserted “or unpaid minimum required contribution, whichever is applicable” after “accumulated funding deficiency”. - § 4971(e)(1): Pub. L. 110–458, § 101(d)(2)(F)(iii), substituted “section 412(a)(2)” for “section 412(a)(1)(A)”. - § 4971(e)(2)(A): Pub. L. 110–458, § 102(b)(3)(A), amended directory language of Pub. L. 109–280, § 212(b)(2). See 2006 Amendment note below. - § 4971(g)(4)(B)(ii): Pub. L. 110–458, § 102(b)(2)(I)(i), substituted “day following the close of” for “first day of”. - § 4971(g)(4)(C)(ii): Pub. L. 110–458, § 102(b)(2)(I)(ii), added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “For purposes of clause (i), the term ‘plan sponsor’ in the case of a multiemployer plan means the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan.” ## § 4975: Tax on prohibited transactions - § 4975(d)(17): Pub. L. 110–458, § 106(a)(2)(A), substituted “that permits” for “and that permits” in introductory provisions. - § 4975(d)(18): Pub. L. 110–458, § 106(b)(2)(A), in introductory provisions, substituted “disqualified person” for “party in interest” and “subsection (e)(3)” for “subsection (e)(3)(B)”. - § 4975(d)(19), § 4975(d)(20), § 4975(d)(21): Pub. L. 110–458, § 106(b)(2)(B), substituted “disqualified person” for “party in interest” wherever appearing. - § 4975(d)(21)(C): Pub. L. 110–458, § 106(b)(2)(C), struck out “or less” before “than 3 percent”. - § 4975(f)(8)(A): Pub. L. 110–458, § 106(a)(2)(B)(i), substituted “subsection (d)(17)” for “subsection (b)(14)”. - § 4975(f)(8)(C)(iv)(II): Pub. L. 110–458, § 106(a)(2)(B)(ii), substituted “(d)(17)(A)(ii)” for “subsection (b)(14)(B)(ii)”. - § 4975(f)(8)(F)(i)(I): Pub. L. 110–458, § 106(a)(2)(B)(iii), substituted “fiduciary adviser,” for “financial adviser”. - § 4975(f)(8)(I): Pub. L. 110–458, § 106(a)(2)(B)(iv), substituted “subsection (c)” for “section 406”. - § 4975(f)(8)(J)(i): Pub. L. 110–458, § 106(a)(2)(B)(v), substituted “a participant” for “the participant” in introductory provisions and concluding provisions, inserted “referred to in subsection (e)(3)(B)” after “investment advice” in introductory provisions, and substituted “subsection (d)(4)” for “section 408(b)(4)” in subcl. (II). - § 4975(f)(11)(B)(i): Pub. L. 110–458, § 106(c), inserted “of the Employee Retirement Income Security Act of 1974” after “section 407(d)(1)” and “of such Act” after “section 407(d)(2)”. ## § 4980: Tax on reversion of qualified plan assets to employer - § 4980(c)(2)(B)(iii): Pub. L. 110–458 added cl. (iii). ## § 6698: Failure to file partnership return - § 6698(b)(1): Pub. L. 110–458 substituted “$89” for “$85”. ## § 6699: Failure to file S corporation return - § 6699(b)(1): Pub. L. 110–458 substituted “$89” for “$85”.