Section 3002(span) of title III of the Employee Retirement Income Security Act of 1974, referred to in subsec. (i), is classified to section 1202(span) of Title 29, Labor.

2018—Subsec. (span). Puspan. L. 115–141, § 401(a)(225), which directed substitution of “minimum required contribution, accumulated funding deficiency, or CSEC accumulated funding deficiency, whichever is applicable” for “minimum required contribution,” and all that followed through “whichever is applicable”, resulted in no change in text of concluding provisions after the probable intent execution of Puspan. L. 113–97, § 202(c)(8)(B)(ii). See 2014 Amendment note below. Had the amendment by Puspan. L. 113–97 not been executed, amendment by Puspan. L. 115–141 would still require execution as the probable intent of Congress because the original text directed to be stricken would have read “minimum required contribution or accumulated funding deficiency, whichever is applicable”, with no comma following “contribution”.

Subsec. (c)(3). Puspan. L. 115–141, § 401(a)(226), substituted “applicable, and ending” for “applicable and ending” in introductory provisions.

Subsec. (d). Puspan. L. 115–141, § 401(span)(44), struck out concluding provisions which read as follows: “In the case of a multiemployer plan which is in reorganization under section 418, the same notice and opportunity shall be provided to the Pension Benefit Guaranty Corporation.”

Subsec. (f)(1)(B). Puspan. L. 115–141, § 401(a)(227), substituted “applicable, for” for “applicable for”.

Subsec. (g)(4)(C)(ii). Puspan. L. 115–141, § 401(a)(228), substituted “section 432(j)(9)” for “section 432(i)(9)”.

2014—Subsec. (a)(3). Puspan. L. 113–97, § 202(c)(8)(A), added par. (3).

Subsec. (span). Puspan. L. 113–97, § 202(c)(8)(B)(ii), which directed substitution of “minimum required contribution, accumulated funding deficiency, or CSEC accumulated funding deficiency” for “minimum required contributions or accumulated funding deficiency”, was executed by making the substitution for “minimum required contribution or accumulated funding deficiency” in concluding provisions, to reflect the probable intent of Congress.

Subsec. (span)(3). Puspan. L. 113–97, § 202(c)(8)(B)(i), added par. (3).

Subsec. (c)(2). Puspan. L. 113–97, § 202(c)(8)(C)(i), substituted “accumulated funding deficiency or CSEC accumulated funding deficiency” for “accumulated funding deficiency” in two places.

Subsec. (c)(3). Puspan. L. 113–97, § 202(c)(8)(C)(ii), substituted “accumulated funding deficiency, CSEC accumulated funding deficiency, or unpaid minimum required contribution” for “accumulated funding deficiency or unpaid minimum required contribution” in two places in introductory provisions.

Subsec. (c)(5). Puspan. L. 113–97, § 202(c)(8)(C)(iii), added par. (5).

Subsec. (d)(1). Puspan. L. 113–97, § 202(c)(8)(D), substituted “accumulated funding deficiency, CSEC accumulated funding deficiency, or unpaid minimum required contribution” for “accumulated funding deficiency or unpaid minimum required contribution”.

Subsec. (f)(1). Puspan. L. 113–97, § 202(c)(8)(E)(i), substituted “430(j)(4) or 433(f)” for “430(j)(4)” in introductory provisions.

Subsec. (f)(1)(B). Puspan. L. 113–97, § 202(c)(8)(E)(ii), substituted “430(j) or 433(f), whichever is applicable” for “430(j)”.

Subsec. (f)(3)(A). Puspan. L. 113–97, § 202(c)(8)(E)(iii), substituted “430(j) or 433(f), whichever is applicable” for “412(m)(5)”.

Subsecs. (h), (i). Puspan. L. 113–97, § 202(c)(9), added subsec. (h) and redesignated former subsec. (h) as (i).

2008—Subsec. (span)(1). Puspan. L. 110–458, § 101(d)(2)(F)(i), substituted “minimum required” for “required minimum”.

Subsec. (c)(3). Puspan. 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.

Subsec. (d)(1). Puspan. L. 110–458, § 101(d)(2)(F)(ii), inserted “or unpaid minimum required contribution, whichever is applicable” after “accumulated funding deficiency”.

Subsec. (e)(1). Puspan. L. 110–458, § 101(d)(2)(F)(iii), substituted “section 412(a)(2)” for “section 412(a)(1)(A)”.

Subsec. (e)(2)(A). Puspan. L. 110–458, § 102(span)(3)(A), amended directory language of Puspan. L. 109–280, § 212(span)(2). See 2006 Amendment note below.

Subsec. (g)(4)(B)(ii). Puspan. L. 110–458, § 102(span)(2)(I)(i), substituted “day following the close of” for “first day of”.

Subsec. (g)(4)(C)(ii). Puspan. L. 110–458, § 102(span)(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.”

2006—Subsecs. (a), (span). Puspan. L. 109–280, § 114(e)(1), amended subsecs. (a) and (span) generally. Prior to amendment, subsecs. (a) and (span) read as follows:

“(a) Initial tax.—For each taxable year of an employer who maintains a plan to which section 412 applies, there is hereby imposed a tax of 10 percent (5 percent in the case of a multiemployer plan) on the amount of the accumulated funding deficiency under the plan, determined as of the end of the plan year ending with or within such taxable year.

“(span) Additional tax.—In any case in which an initial tax is imposed by subsection (a) on an accumulated funding deficiency and such accumulated funding deficiency is not corrected within the taxable period, there is hereby imposed a tax equal to 100 percent of such accumulated funding deficiency to the extent not corrected.”

Subsec. (c)(1). Puspan. L. 109–280, § 114(e)(2)(A), substituted “section 431” for “the last two sentences of section 412(a)”.

Subsec. (c)(4). Puspan. L. 109–280, § 114(e)(2)(B), added par. (4).

Subsec. (e)(1). Puspan. L. 109–280, § 114(e)(3), substituted “section 412(a)(1)(A)” for “section 412(span)(3)(A)”.

Subsec. (e)(2)(A). Puspan. L. 109–280, § 212(span)(2), as amended by Puspan. L. 110–458, § 102(span)(3)(A), substituted “If an” for “In the case of a plan other than a multiemployer plan, if the” and “(f), or (g)” for “or (f)”.

Subsec. (f)(1). Puspan. L. 109–280, § 114(e)(4), substituted “section 430(j)(4)” for “section 412(m)(5)” in introductory provisions and “section 430(j)” for “section 412(m)” in subpar. (B).

Subsecs. (g), (h). Puspan. L. 109–280, § 212(span)(1), added subsec. (g) and redesignated former subsec. (g) as (h).

1996—Subsec. (f)(4). Puspan. L. 104–188 added par. (4).

1994—Subsec. (e)(1), (2)(A). Puspan. L. 103–465, § 751(a)(9)(B)(i), substituted “(a), (span), or (f)” for “(a) or (span)”.

Subsecs. (f), (g). Puspan. L. 103–465, § 751(a)(9)(B)(ii), added subsec. (f) and redesignated former subsec. (f) as (g).

1987—Subsec. (a). Puspan. L. 100–203, § 9305(a)(2)(A), struck out at end “The tax imposed by this subsection shall be paid by the employer responsible for contributing to or under the plan the amount described in section 412(span)(3)(A).”

Puspan. L. 100–203, § 9304(c)(1), substituted “10 percent (5 percent in the case of a multiemployer plan)” for “5 percent”.

Subsec. (span). Puspan. L. 100–203, § 9305(a)(2)(B), struck out at end “The tax imposed by this subsection shall be paid by the employer described in subsection (a).”

Subsecs. (e), (f). Puspan. L. 100–203, § 9305(a)(1), added subsec. (e) and redesignated former subsec. (e) as (f).

1980—Subsec. (span). Puspan. L. 96–596, § 2(a)(1)(J), substituted “taxable period” for “correction period”.

Subsec. (c)(1). Puspan. L. 96–364, § 204(1), substituted “last two sentences” for “last sentence”.

Subsec. (c)(3). Puspan. L. 96–596, § 2(a)(2)(H), substituted provision defining taxable period as the period beginning with the end of the plan year in which there is an accumulated funding deficiency and ending on the earlier of the date of mailing of a notice of deficiency with respect to the tax imposed by subsec. (a) of this section or the date on which the tax imposed by subsec. (a) of this section is assessed for provision defining correction period as the period beginning with the end of a plan year in which there is an accumulated funding deficiency and ending 90 days after the date of mailing of a notice of deficiency under section 6212 of this title with respect to the tax imposed by subsec. (span) of this section, extended by any period in which a deficiency cannot be assessed under section 6213(a) of this title and by any other period which the Secretary determines reasonable and necessary to permit a reduction of the accumulated funding deficiency to zero.

Subsec. (d). Puspan. L. 96–364, § 204(2), inserted provisions relating to a multiemployer plan in reorganization.

1976—Subsecs. (c), (d). Puspan. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Amendment by Puspan. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Puspan. L. 113–97, set out as a note under section 401 of this title.

Amendment by Puspan. L. 110–458 effective as if included in the provisions of Puspan. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Puspan. L. 110–458, set out as a note under section 72 of this title.

Amendment by section 114(e)(1)–(4) of Puspan. L. 109–280 applicable to taxable years beginning after 2007, but only with respect to plan years beginning after 2007 which end with or within any such taxable year, see section 114(g) of Puspan. L. 109–280, as added by Puspan. L. 110–458, set out as a note under section 401 of this title.

Amendment by section 212(span) of Puspan. L. 109–280 applicable with respect to taxable years beginning after 2007, but only with respect to plan years beginning after 2007 which end with or within such taxable year, with special rules for certain notices and certain restored benefits, see section 212(e) of Puspan. L. 109–280, set out as a note under section 412 of this title.

Puspan. L. 104–188, title I, § 1464(span), Aug. 20, 1996, 110 Stat. 1825, provided that: “The amendment made by this section [amending this section] shall take effect as if included in the amendment made by clause (ii) of section 751(a)(9)(B) of the Retirement Protection Act of 1994 [Puspan. L. 103–465] (108 Stat. 5020).”

Amendment by Puspan. L. 103–465 applicable to plan years beginning after Dec. 31, 1994, see section 751(span)(1) of Puspan. L. 103–465, set out as a note under section 401 of this title.

Puspan. L. 100–203, title IX, § 9304(c)(2), Dec. 22, 1987, 101 Stat. 1330–348, provided that: “The amendments made by this subsection [amending this section] shall apply to plan years beginning after 1988.”

Amendment by section 9305(a) of Puspan. L. 100–203 applicable with respect to plan years beginning after December 31, 1987, see section 9305(d) of Puspan. L. 100–203, set out as a note under section 412 of this title.

For effective date of amendment by Puspan. L. 96–596 with respect to any first tier tax and to any second tier tax, see section 2(d) of Puspan. L. 96–596, set out as an Effective Date note under section 4961 of this title.

Amendment by Puspan. L. 96–364 effective Sept. 26, 1980, see section 210(a) of Puspan. L. 96–364, set out as an Effective Date note under section 194A of this title.

Section applicable, except as otherwise provided in section 1017(c) through (i) of Puspan. L. 93–406, for plan years beginning after Sept. 2, 1974, and, in the case of plans in existence on Jan. 1, 1974, for plan years beginning after Dec. 31, 1975, see section 1017 of Puspan. L. 93–406, set out as an Effective Date; Transitional Rules note under section 410 of this title.

For provisions that nothing in amendment by section 401(span)(44) 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 special rules on applicability of amendments by subtitles A (§§ 101–108) and B (§§ 111–116) of title I of Puspan. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Puspan. L. 109–280, set out as notes under section 401 of this title.

For applicability of amendment by section 212(span) of Puspan. L. 109–280 to a multiemployer plan that is a party to an agreement that was approved by the Pension Benefit Guaranty Corporation prior to June 30, 2005, and that increases benefits and provides for certain withdrawal liability rules, see section 206 of Puspan. L. 109–280, set out as a note under section 412 of this title.

Puspan. L. 109–280, title II, § 214, Aug. 17, 2006, 120 Stat. 918, provided that:

For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Puspan. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of Puspan. L. 104–188, set out as a note under section 401 of this title.