Cooperative and small employer charity pension plans
(1) In general
loading…
loading…
loading…
For purposes of this title, except as provided in this subsection, a CSEC plan is a defined benefit plan (other than a multiemployer plan)—
(A) to which section 104 of the Pension Protection Act of 2006 applies, without regard to— (i) section 104(a)(2) of such Act; (ii) the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and (iii) paragraph (3)(B);
(B) that, as of June 25, 2010 , was maintained by more than one employer and all of the employers were organizations described in section 501(c)(3);
(C) that, as of June 25, 2010 , was maintained by an employer— (i) described in section 501(c)(3), (ii) chartered under part B of subtitle II of title 36, United States Code, (iii) with employees in at least 40 States, and (iv) whose primary exempt purpose is to provide services with respect to children; or
(D) that, as of January 1, 2000 , was maintained by an employer— (i) described in section 501(c)(3), (ii) who has been in existence since at least 1938, (iii) who conducts medical research directly or indirectly through grant making, and (iv) whose primary exempt purpose is to provide services with respect to mothers and children.
to which section 104 of the Pension Protection Act of 2006 applies, without regard to—
(i) section 104(a)(2) of such Act;
(ii) the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and
(iii) paragraph (3)(B);
section 104(a)(2) of such Act;
the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and
paragraph (3)(B);
that, as of June 25, 2010 , was maintained by more than one employer and all of the employers were organizations described in section 501(c)(3);
that, as of June 25, 2010 , was maintained by an employer—
(i) described in section 501(c)(3),
(ii) chartered under part B of subtitle II of title 36, United States Code,
(iii) with employees in at least 40 States, and
(iv) whose primary exempt purpose is to provide services with respect to children; or
described in section 501(c)(3),
chartered under part B of subtitle II of title 36, United States Code,
with employees in at least 40 States, and
whose primary exempt purpose is to provide services with respect to children; or
that, as of January 1, 2000 , was maintained by an employer—
(i) described in section 501(c)(3),
(ii) who has been in existence since at least 1938,
(iii) who conducts medical research directly or indirectly through grant making, and
(iv) whose primary exempt purpose is to provide services with respect to mothers and children.
described in section 501(c)(3),
who has been in existence since at least 1938,
who conducts medical research directly or indirectly through grant making, and
whose primary exempt purpose is to provide services with respect to mothers and children.
All employers that are treated as a single employer under subsection (b) or (c) shall be treated as a single employer for purposes of determining if a plan was maintained by more than one employer under subparagraphs (B) and (C) of paragraph (1).
(A) In general If a plan falls within the definition of a CSEC plan under this subsection (without regard to this paragraph), such plan shall be a CSEC plan unless the plan sponsor elects not later than the close of the first plan year of the plan beginning after December 31, 2013 , not to be treated as a CSEC plan. An election under the preceding sentence shall take effect for such plan year and, once made, may be revoked only with the consent of the Secretary.
(B) Special rule If a plan described in subparagraph (A) is treated as a CSEC plan, section 104 of the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, shall cease to apply to such plan as of the first date as of which such plan is treated as a CSEC plan.
If a plan falls within the definition of a CSEC plan under this subsection (without regard to this paragraph), such plan shall be a CSEC plan unless the plan sponsor elects not later than the close of the first plan year of the plan beginning after December 31, 2013 , not to be treated as a CSEC plan. An election under the preceding sentence shall take effect for such plan year and, once made, may be revoked only with the consent of the Secretary.
If a plan described in subparagraph (A) is treated as a CSEC plan, section 104 of the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, shall cease to apply to such plan as of the first date as of which such plan is treated as a CSEC plan.