Applicable defined contribution plan .—
For purposes of this paragraph—
(i) In general .—
(i)In general .—#
The term “applicable defined contribution plan” means any defined contribution plan which holds any publicly traded employer securities.
(ii)Exception for certain esops .—#
Such term does not include an employee stock ownership plan if—
(I) there are no contributions to such plan (or earnings thereunder) which are held within such plan and are subject to subsection (k) or (m), and
(II) such plan is a separate plan for purposes of section 414( l ) with respect to any other defined benefit plan or defined contribution plan maintained by the same employer or employers.
(ii)(I)#
there are no contributions to such plan (or earnings thereunder) which are held within such plan and are subject to subsection (k) or (m), and
(ii)(II)#
such plan is a separate plan for purposes of section 414( l ) with respect to any other defined benefit plan or defined contribution plan maintained by the same employer or employers.
(iii)Exception for one participant plans .—#
Such term does not include a one-participant retirement plan.
(iv)One-participant retirement plan .—#
For purposes of clause (iii), the term “one-participant retirement plan” means a retirement plan that on the first day of the plan year—
(I) covered only one individual (or the individual and the individual’s spouse) and the individual (or the individual and the individual’s spouse) owned 100 percent of the plan sponsor (whether or not incorporated), or
(II) covered only one or more partners (or partners and their spouses) in the plan sponsor.
(iv)(I)#
covered only one individual (or the individual and the individual’s spouse) and the individual (or the individual and the individual’s spouse) owned 100 percent of the plan sponsor (whether or not incorporated), or
(iv)(II)#
covered only one or more partners (or partners and their spouses) in the plan sponsor.