Special rule for certain employees of rural electric cooperatives
(A) In general
(A)In general#
Subparagraph (B) of paragraph (1) shall not apply to a participant in an eligible rural electric cooperative plan, except in the case of a participant who was a highly compensated employee (as defined in section 414(q)) of an employer maintaining such plan for the earlier of—
(i) the plan year in which the participant terminated employment with such employer, or
(ii) the plan year in which distributions commence under the plan with respect to the participant, or
for any of the 5 plan years immediately preceding such earlier plan year.
(A)(i)#
the plan year in which the participant terminated employment with such employer, or
(A)(ii)#
the plan year in which distributions commence under the plan with respect to the participant, or
(B)Eligible rural electric cooperative plan#
For purposes of this paragraph—
(i) In general The term “eligible rural electric cooperative plan” means a plan maintained by more than 1 employer, with respect to which at least 85 percent of the employers maintaining the plan are rural cooperatives described in clause (i) or (ii) of section 401(k)(7)(B) or are a national association of such a rural cooperative.
(ii) Election An employer maintaining an eligible rural cooperative plan may elect not to have subparagraph (A) apply to its employees.
(B)(i)In general#
The term “eligible rural electric cooperative plan” means a plan maintained by more than 1 employer, with respect to which at least 85 percent of the employers maintaining the plan are rural cooperatives described in clause (i) or (ii) of section 401(k)(7)(B) or are a national association of such a rural cooperative.
(B)(ii)Election#
An employer maintaining an eligible rural cooperative plan may elect not to have subparagraph (A) apply to its employees.
(C)Regulations#
The Secretary shall prescribe such regulations and other guidance as are necessary to limit the application of subparagraph (A) such that it does not result in increased benefits for highly compensated employees.