§1107. Provisions relating to plan amendments

Pension Protection Act of 2006

Title XI Administrative Provisions

(a) IN GENERAL.-If this section applies to any pension plan or contract amendment-

(a)(1) such pension plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A), and

(a)(2) except as provided by the Secretary of the Treasury, such pension plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment.

(b) AMENDMENTS TO WHICH SECTION APPLIES.-

(b)(1) IN GENERAL.-This section shall apply to any amendment to any pension plan or annuity contract which is made-

(b)(1)(A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under this Act, and

(b)(1)(B) on or before the last day of the first plan year beginning on or after January 1, 2009.

In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this paragraph shall be applied by substituting "2011" for "2009".

(b)(2) CONDITIONS.-This section shall not apply to any amendment unless-

(b)(2)(A) during the period-

(b)(2)(A)(i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan), and

(b)(2)(A)(ii) ending on the date described in paragraph (1)(B) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and

(b)(2)(B) such plan or contract amendment applies retroactively for such period.