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pursuant to the statutes hereinafter specified is
hereby transferred to the Secretary of Labor:
(a) regulations, rulings, opinions, and exemptions
under section 4975 of the Code,
EXCEPT for (i) subsections 4975(a), (b),
(c)(3), (d)(3), (e)(1), and (e)(7) of the
Code; (ii) to the extent necessary for the
continued enforcement of subsections 4975(a)
and (b) by the Secretary of the Treasury,
subsections 4975(f)(1), (f)(2), (f)(4),
(f)(5) and (f)(6) of the Code; and (iii)
exemptions with respect to transactions that
are exempted by subsection 404(c) of ERISA
from the provisions of Part 4 of Subtitle B
of Title 1 of ERISA; and
(b) regulations, rulings, and opinions under
subsection 2003(c) of ERISA.
EXCEPT for subsection 2003(c)(1)(B).
In applying Reorganization Plan section 102, Reorganization
Plan section 105 provides the following in regard to enforcement
by the Secretary of the Treasury:
The transfers provided for in Section 102 of this
Plan shall not affect the ability of the Secretary of
the Treasury, subject to the provisions of Title III of
ERISA relating to jurisdiction, administration, and
enforcement, (a) to audit plans and employers and to
enforce the excise tax provisions of subsections
4975(a) and 4975(b) of the Code, to exercise the
authority set forth in subsections 502(b)(1) and 502(h)
of ERISA, or to exercise the authority set forth in
Title III of ERISA, including the ability to make the
interpretations necessary to audit, to enforce such
taxes, and to exercise such authority * * *. However,
in enforcing such excise taxes and, to the extent
applicable, in disqualifying such plans the Secretary
of the Treasury shall be bound by the regulations,
rulings, opinions, and exemptions issued by the
Secretary of Labor pursuant to the authority
transferred to the Secretary of Labor as provided in
Section 102 of this Plan.
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