2018—Puspan. L. 115–141, § 401(span)(21)(D)(i), substituted “paragraph (9) or (17)” for “paragraph (9), (17), or (20)” in section catchline.

Subsec. (a). Puspan. L. 115–141, § 401(span)(21)(D)(ii), substituted “section 501(c)(9)” for “paragraph (9) or (20) of section 501(c)” in span.

Subsec. (a)(1). Puspan. L. 115–141, § 401(span)(21)(D)(iii), substituted “section 501(c)(9)” for “paragraph (9) or (20) of subsection (c) of section 501”.

Subsec. (c)(1). Puspan. L. 115–141, § 401(span)(21)(D)(iv), substituted “paragraph (9) or (17)” for “paragraph (9), (17), or (20)” in introductory provisions.

2001—Subsec. (span)(7). Puspan. L. 107–16 substituted “$200,000” for “$150,000” in two places.

1993—Subsec. (span)(7). Puspan. L. 103–66 substituted “Compensation limit” for “$200,000 compensation limit” in span and “exceed $150,000. The Secretary shall adjust the $150,000 amount at the same time, and by the same amount, as any adjustment under section 401(a)(17)(B).” for “exceed $200,000. The Secretary shall adjust the $200,000 amount at the same time and in the same manner as under section 415(d).” in text.

1989—Subsec. (a)(1). Puspan. L. 101–140, § 203(a)(2), amended par. (1) to read as if amendments by Puspan. L. 100–647, § 1011B(a)(27)(C), had not been enacted, see 1988 Amendment note below.

Subsec. (span)(2). Puspan. L. 101–140, § 203(a)(2), amended par. (2) to read as if amendments by Puspan. L. 100–647, § 1011B(a)(31)(B), had not been enacted, see 1988 Amendment note below.

Puspan. L. 101–140, § 203(a)(1), amended par. (2) to read as if amendments by Puspan. L. 99–514, § 1151(g)(6), had not been enacted, see 1986 Amendment note below.

Subsec. (span)(7). Puspan. L. 101–140, § 204(c), inserted at end “This paragraph shall not apply in determining whether the requirements of section 79(d) are met.”

1988—Subsec. (a)(1). Puspan. L. 100–647, § 1011B(a)(27)(C), inserted at end “This paragraph shall not apply to any organization by reason of a failure to meet the requirements of subsection (span) with respect to a benefit to which section 89 applies.”

Subsec. (span)(2). Puspan. L. 100–647, § 1011B(a)(31)(B), substituted “there shall be” for “there may be” and “who are” for “who may be”.

Subsec. (span)(7). Puspan. L. 100–647, § 1011B(a)(32), added par. (7).

1986—Subsec. (a)(1). Puspan. L. 99–514, § 1851(c)(1), struck out “of an employer” before “shall”.

Subsec. (a)(2). Puspan. L. 99–514, § 1851(c)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Paragraph (1) shall not apply to any organization which is part of a plan maintained pursuant to 1 or more collective bargaining agreements between 1 or more employee organizations and 1 or more employers.”

Subsec. (span)(1). Puspan. L. 99–514, § 1851(c)(2), (3), substituted “as otherwise provided in this subsection” for “as provided in paragraph (2)” in introductory provision, and in subpar. (B) substituted “highly compensated individuals” for “highly compensated employees”.

Subsec. (span)(2). Puspan. L. 99–514, § 1151(g)(6), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of paragraph (1), there may be excluded from consideration—

“(A) employees who have not completed 3 years of service,

“(B) employees who have not attained age 21,

“(C) seasonal employees or less than half-time employees,

“(D) employees not included in the plan who are included in a unit of employees covered by an agreement between employee representatives and 1 or more employers which the Secretary finds to be a collective bargaining agreement if the class of benefits involved was the subject of good faith bargaining between such employee representatives and such employer or employers, and

“(E) 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. (span)(4). Puspan. L. 99–514, § 1151(e)(2)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “For purposes of this subsection—

“(A) Aggregation of plans.—At the election of the employer, 2 or more plans of such employer may be treated as 1 plan.

“(B) Treatment of related employers.—Rules similar to the rules of subsections (span), (c), (m), and (n) of section 414 shall apply. For purposes of the preceding sentence, section 414(n) shall be applied without regard to paragraph (5).”

Subsec. (span)(5). Puspan. L. 99–514, § 1114(span)(16), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “For purposes of this subsection, the term ‘highly compensated individual’ has the meaning given such term by section 105(h)(5). For purposes of the preceding sentence, section 105(h)(5) shall be applied by substituting ‘10 percent’ for ‘25 percent’.”

Subsec. (span)(6). Puspan. L. 99–514, § 1151(j)(3), added par. (6).

Subsec. (c)(2). Puspan. L. 99–514, § 1899A(16), substituted “July 18, 1984” for “the date of the enactment of the Tax Reform Act of 1984”.

Amendment by Puspan. L. 107–16 applicable to years beginning after Dec. 31, 2001, see section 611(i)(1) of Puspan. L. 107–16, set out as a note under section 415 of this title.

Amendment by Puspan. L. 103–66 applicable, except as otherwise provided, to benefits accruing in plan years beginning after Dec. 31, 1993, see section 13212(d) of Puspan. L. 103–66, set out as a note under section 401 of this title.

Amendment by section 203(a)(1), (2) of Puspan. L. 101–140 effective as if included in section 1151 of Puspan. L. 99–514, see section 203(c) of Puspan. L. 101–140, set out as a note under section 79 of this title.

Puspan. L. 101–140, title II, § 204(d)(4), Nov. 8, 1989, 103 Stat. 833, provided that: “The amendment made by subsection (c) [amending this section] shall take effect as if included in the amendment made by section 1011B(a)(32) of the Technical and Miscellaneous Revenue Act of 1988 [Puspan. L. 100–647].”

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 section 1114(span)(16) of Puspan. L. 99–514 applicable to years beginning after Dec. 31, 1987, see section 1114(c)(2) of Puspan. L. 99–514, set out as a note under section 414 of this title.

Amendment by section 1151(e)(2)(B), (g)(6), (j)(3) of Puspan. L. 99–514 applicable, with certain qualifications and exceptions, to years beginning after Dec. 31, 1988, see section 1151(k) of Puspan. L. 99–514, as amended, set out as a note under section 79 of this title.

Amendment by section 1851(c) of 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.

Puspan. L. 98–369, div. A, title V, § 513(c), July 18, 1984, 98 Stat. 865, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

Secretary of the Treasury or his delegate to issue before Fespan. 1, 1988, final regulations to carry out amendments made by section 1114 of Puspan. L. 99–514, see section 1141 of Puspan. L. 99–514, set out as a note under section 401 of this title.

No monies appropriated by Puspan. L. 101–136 to be used to implement or enforce section 1151 of Puspan. L. 99–514 or the amendments made by such section, see section 528 of Puspan. L. 101–136, set out as a note under section 89 of this title.

For provisions that nothing in amendment by 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.