§ 418B. Minimum contribution requirement
(a)
Accumulated funding deficiency in reorganization
(1)
In general
For any plan year in which a multiemployer plan is in reorganization—
(B)
the plan’s accumulated funding deficiency under section
412
(a) [1] for such plan year shall be equal to the excess (if any) of—
(i)
the sum of the minimum contribution requirement for such plan year (taking into account any overburden credit under section
418C
(a)) plus the plan’s accumulated funding deficiency for the preceding plan year (determined under this section if the plan was in reorganization during such plan year or under section
412
(a) [1] if the plan was not in reorganization), over
(2)
Treatment of withdrawal liability payments
For purposes of paragraph (1), withdrawal liability payments (whether or not received) which are due with respect to withdrawals before the end of the base plan year shall be considered amounts contributed by the employer to or under the plan if, as of the adjustment date, it was reasonable for the plan sponsor to anticipate that such payments would be made during the plan year.
(b)
Minimum contribution requirement
(1)
In general
Except as otherwise provided in this section for purposes of this subpart the minimum contribution requirement for a plan year in which a plan is in reorganization is an amount equal to the excess of—
(2)
Adjustment for reductions in contribution base units
If the plan’s current contribution base for the plan year is less than the plan’s valuation contribution base for the plan year, the minimum contribution requirement for such plan year shall be equal to the product of the amount determined under paragraph (1) (after any adjustment required by this subpart other than this paragraph) multiplied by a fraction—
(3)
Special rule where cash-flow amount exceeds vested benefits charge
(A)
In general
If the vested benefits charge for a plan year of a plan in reorganization is less than the plan’s cash-flow amount for the plan year, the plan’s minimum contribution requirement for the plan year is the amount determined under paragraph (1) (determined before the application of paragraph (2)) after substituting the term “cash-flow amount” for the term “vested benefits charge” in paragraph (1)(A).
(B)
Cash-flow amount
For purposes of subparagraph (A), a plan’s cash-flow amount for a plan year is an amount equal to—
(i)
the amount of the benefits payable under the plan for the base plan year, plus the amount of the plan’s administrative expenses for the base plan year, reduced by
(c)
Current contribution base; valuation contribution base
(1)
Current contribution base
For purposes of this subpart, a plan’s current contribution base for a plan year is the number of contribution base units with respect to which contributions are required to be made under the plan for that plan year, determined in accordance with regulations prescribed by the Secretary.
(2)
Valuation contribution base
(A)
In general
Except as provided in subparagraph (B), for purposes of this subpart a plan’s valuation contribution base is the number of contribution base units for which contributions were received for the base plan year—
(i)
adjusted to reflect declines in the contribution base which have occurred (or could reasonably be anticipated) as of the adjustment date for the plan year referred to in paragraph (1),
(B)
Insolvent plans
For any plan year—
(ii)
beginning with the first plan year beginning after the expiration of all relevant collective bargaining agreements which were in effect in the plan year in which the plan became insolvent,
the plan’s valuation contribution base is the greater of the number of contribution base units for which contributions were received for the first or second plan year preceding the first plan year in which the plan is insolvent, adjusted as provided in clause (ii) or (iii) of subparagraph (A).
(d)
Limitation on required increases in rate of employer contributions
(1)
In general
Under regulations prescribed by the Secretary, the minimum contribution requirement applicable to any plan for any plan year which is determined under subsection (b) (without regard to subsection (b)(2)) shall not exceed an amount which is equal to the sum of—
(A)
the greater of—
(B)
if for the plan year a change in benefits is first required to be considered in computing the charges under section
412
(b)(2)(A) or (B),[1] the sum of—
(i)
the increase in normal cost for a plan year determined under the entry age normal funding method due to increases in benefits described in section
418
(b)(4)(A)(ii) (determined without regard to section
418
(b)(4)(B)(ii)), and
(3)
Special rule for certain plans
(A)
In general
In the case of a plan described in section 4216(b) of the Employee Retirement Income Security Act of 1974, if a plan amendment which increases benefits is adopted after January 1, 1980—
(B)
Eligible plans
A plan is described in this subparagraph if—
(i)
the rate of employer contributions under the plan for the first plan year beginning on or after the date on which an amendment increasing benefits is adopted, multiplied by the valuation contribution base for that plan year, equals or exceeds the sum of—
(I)
the amount that would be necessary to amortize fully, in equal annual installments, by July 1, 1986, the unfunded vested benefits attributable to plan provisions in effect on July 1, 1977 (determined as of the last day of the base plan year); and
(II)
the amount that would be necessary to amortize fully, in equal annual installments, over the period described in subparagraph (C), beginning with the first day of the first plan year beginning on or after the date on which the amendment is adopted, the unfunded vested benefits (determined as of the last day of the base plan year) attributable to each plan amendment after July 1, 1977; and
(ii)
the rate of employer contributions for each subsequent plan year is not less than the lesser of—
(4)
Exception in case of certain benefit increases
Paragraph (1) shall not apply with respect to a plan, other than a plan described in paragraph (3), for the period of consecutive plan years in each of which the plan is in reorganization, beginning with a plan year in which occurs the earlier of the date of the adoption or the effective date of any amendment of the plan which increases benefits with respect to service performed before the plan year in which the adoption of the amendment occurred.
[1] See References in Text note below.