2018—Subsec. (c)(6)(B). Puspan. L. 115–141, § 401(a)(96), substituted “(42 U.S.C. 300gg–91(d)(3)))” for “(42 U.S.C. 300gg–91(d)(3))”.

Subsec. (g)(1), (2). Puspan. L. 115–141, § 401(span)(21)(B), (C), substituted “or (17)” for “(17), or (20)”.

2006—Subsec. (c)(6). Puspan. L. 109–280 added par. (6).

1996—Subsec. (c)(3). Puspan. L. 104–188 substituted “severance” for “severence” in heading.

1988—Subsec. (a). Puspan. L. 100–647, § 1018(u)(12), made technical amendment to directory language of Puspan. L. 99–514, § 1851(a)(6)(B). See 1986 Amendment note below.

Subsec. (f)(5). Puspan. L. 100–647, § 1018(t)(2)(A), repealed Puspan. L. 99–514, § 1851(a)(4). See 1986 Amendment note below.

Puspan. L. 100–647, § 1018(t)(1)(C), substituted “account” for “accounts”.

1986—Subsec. (a). Puspan. L. 99–514, § 1851(a)(6)(B), as amended by Puspan. L. 100–647, § 1018(u)(12), inserted “and section 512” after “this subpart”.

Subsec. (c)(5)(A). Puspan. L. 99–514, § 1851(a)(5), substituted “under this subsection” for “under paragraph (1)”.

Subsec. (d)(1). Puspan. L. 99–514, § 1851(a)(2)(B), inserted “The requirements of this paragraph shall apply to the first taxable year for which a reserve is taken into account under subsection (c)(2) and to all subsequent taxable years.”

Subsec. (d)(2). Puspan. L. 99–514, § 1851(a)(2)(A), inserted “Subparagraph (B) of section 415(c)(1) shall not apply to any amount treated as an annual addition under the preceding sentence.”

Subsec. (e). Puspan. L. 99–514, § 1851(a)(3)(A), amended subsec. (e) generally. Prior to amendment, par. (1), benefits must be nondiscriminatory, read as follows: “No reserve may be taken into account under subsection (c)(2) for post-retirement medical benefits or life insurance benefits to be provided to covered employees unless the plan meets the requirements of section 505(span)(1) with respect to such benefits.”, and par. (2), taxable life insurance benefits not taken into account, read as follows: “No life insurance benefit may be taken into account under subsection (c)(2) to the extent—

“(A) such benefit is includible in gross income under section 79, or

“(B) such benefit would be includible in gross income under section 101(span) (determined by substituting ‘$50,000’ for ‘$5,000’).”

Subsec. (f)(5). Puspan. L. 99–514, § 1851(a)(13), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “Higher limit in case of collectively bargained plans.—Not later than July 1, 1985, the Secretary shall by regulations provide for special account limits in the case of any qualified asset account under a welfare benefit fund established under a collective bargaining agreement.”

Puspan. L. 99–514, § 1851(a)(4), which directed amendment of par. (5) by substituting “welfare benefit fund maintained pursuant to” for “welfare benefit fund established under”, was repealed by Puspan. L. 100–647, § 1018(t)(2)(A).

Subsec. (f)(7)(C), (D). Puspan. L. 99–514, § 1851(a)(7), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “For purposes of this paragraph, the term ‘existing excess reserve’ means the excess (if any) of—

“(i) the amount of assets set aside for purposes described in subsection (a) as of the close of the first taxable year ending after the date of the enactment of the Tax Reform Act of 1984, over

“(ii) the account limit which would have applied under this section to such taxable year if this section had applied to such taxable year.”

Subsec. (g)(3). Puspan. L. 99–514, § 1851(a)(9), added par. (3).

Subsec. (h)(1). Puspan. L. 99–514, § 1851(a)(6)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “At the election of the employer, 2 or more welfare benefit funds of such employer may be treated as 1 fund.”

Puspan. L. 109–280, title VIII, § 843(span), Aug. 17, 2006, 120 Stat. 1010, provided that:

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Amendment by Puspan. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Puspan. L. 98–369, div. A, to which such amendment relates, see section 1881 of Puspan. L. 99–514, set out as a note under section 48 of this title.

For provisions that nothing in amendment by section 401(span)(21)(B), (C) of Puspan. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Puspan. L. 115–141, set out as a note under section 23 of this title.

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 Puspan. 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 Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.

Puspan. L. 99–514, title XVIII, § 1851(a)(3)(B), Oct. 22, 1986, 100 Stat. 2859, as amended by Puspan. L. 100–647, title I, § 1018(t)(2)(D), Nov. 10, 1988, 102 Stat. 3587, provided that: