alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pension Benefit Guaranty Corporation 

78-19 

August 9, 1978 

REFERENCE: 

 [*1] 4048 Date of Termination 

OPINION: 

 Pursuant to your request the Pension Benefit Guaranty Corporation (the "PBGC") has reviewed its determination

that the Retirement Plan for Employees of * * * (the "Plan") terminated on September 12, 1977. The PBGC reaffirms

its prior determination. 

In your letter requesting reconsideration you cited Article X of the Plan which grants the * * * (the "Company")

authority to terminate the Plan at any time. We note, however, that Article XI of the Plan establishes a procedure for

terminating the Plan. It states that " the Plan shall be discontinued upon written notice by the Employer" both to the

participants and the insurer upon the Plan's termination. You stated that the participants were notified on September 1,

1977. Furthermore, the Board of Directors' resolution dated August 31, 177 indicates that the insurer was notified

subsequent to adoption of the resolution. Accordingly, an earlier termination date would violate the terms of the

Company's Plan document. 

You also referred to Section 401(b) of the Internal Revenue Code (the "Code") as authority for the establishment

of an earlier termination date. You stated that Section 401(b) empowered the Company [*2] to retroactively terminate

the Plan. The provisions of the Code do not control the PBGC's administration of Title IV of the Employee Retirement

Income Security Act of 1974, 29 U.S.C. § 1301 et seq. (Supp. V 1975) ("ERISA"). In any event, we see no

inconsistency between Code provisions, and the administration of Title IV in this area. Section 401(b) was intended to

allow the administrator of an ongoing plan to amend the plan within a given period, to qualify for a particular tax year.

It does not authorize retroactive terminations. Moreover, pursuant to Treas. Reg. § 1.411(d)-2(c), the Treasury

Department defers to the PBGC in establishing termination dates for plans subject to Title IV of ERISA. Section

1.411(d)-2(c) provides that the date of termination of such plans shall be the date determined under Section 4048 of

ERISA, 29 U.S.C. § 1348. 

 You stated that the Company took no action prior to August 31, 1977, to terminate participant benefit and vesting

accruals. The Company passed a resolution dated August 31, 1977, purporting to terminate the Plan effective November

30, 1976. The PBGC received notice of such termination on August 31, 1977, and the participants [*3] received notice

dated September 1, 1977. We do not consider the fact that the last contribution was made on June 15, 1976, for the Plan

year ending November 30, 1976, material to our determination in this case. 

Based on the foregoing, the PBGC reaffirms its prior determination that the Plan terminated on September 12, 1977.

If you wish to make additional submissions regarding this * * * matter you may write * * * at the above address or call

* * * at * * * 

Henry Rose 

General Counsel
### §1715z–11. Sale to cooperatives of multifamily housing projects acquired by Secretary; acceptance of purchase money mortgage for sale or insurance of mortgage; principal amount of mortgage; expenditures for repairs, etc., prior to sale

In any case which the Secretary sells a multifamily housing project acquired as the result of a default on a mortgage which was insured under this chapter to a cooperative which will operate it on a nonprofit basis and restrict permanent occupancy of its dwellings to members, or to a nonprofit corporation which operates as a consumer cooperative as defined by the Secretary, the Secretary may accept a purchase money mortgage, or upon application of the mortgagee, insure a mortgage under this section upon such terms and conditions as the Secretary determines are reasonable and appropriate, in a principal amount equal to the value of the property at the time of purchase, which value shall be based upon a mortgage amount on which the debt service can be met from the income of property when operated on a nonprofit basis after payment of all operating expenses, taxes, and required reserves; except that the Secretary may add to the mortgage amount an amount not greater than the amount of prepaid expenses and costs involved in achieving cooperative ownership, or make such other provisions for payment of such expenses and costs as the Secretary deems reasonable and appropriate. Prior to such disposition of a project, funds may be expended by the Secretary for necessary repairs and improvements.

(June 27, 1934, ch. 847, title II, §246, as added Pub. L. 93–383, title III, §315, Aug. 22, 1974, 88 Stat. 684; amended Pub. L. 95–557, title III, §322, Oct. 31, 1978, 92 Stat. 2102.)

#### **Editorial Notes**

#### Amendments

1978—Pub. L. 95–557 inserted "or to a nonprofit corporation which operates as a consumer cooperative as defined by the Secretary" after "dwellings to members" and "or upon application of the mortgagee, insure a mortgage under this section upon such terms and conditions as the Secretary determines are reasonable and appropriate" after "purchase money mortgage" and substituted "the value of the property at the time of purchase, which value shall be based upon a mortgage amount on which the debt service can be met from the income of property when operated on a nonprofit basis after payment of all operating expenses, taxes, and required reserves; except that the Secretary may add to the mortgage amount an amount not greater than the amount of prepaid expenses and costs involved in achieving cooperative ownership, or make such other provision for payment of such expenses and costs as the Secretary deems reasonable and appropriate" for "the sum of (1) the appraised value of the property at the time of purchase, which value shall be based upon a mortgage amount on which the debt service can be met from the income of the property when operated on a nonprofit basis and after payment of all operating expenses, taxes and required reserves, and (2) the amount of prepaid expenses and costs involved in achieving cooperative ownership".
# C_2007064EN.01002501.xml

| 20.3.2007 | EN | Official Journal of the European Union | C 64/25 |
| --- | --- | --- | --- |

20.3.2007

EN

Official Journal of the European Union

C 64/25

---

CALL FOR PROPOSALS

CALL FOR PROPOSALS

for the development of integrated Master Degree courses in consumer issue

DG Health and Consumer Protection

No SANCO/2007/B/007

(2007/C 64/09)

Deadline 5 November 2007. Documents are downloadable from the following website:

http://ec.europa.eu/consumers/tenders/information/index_en.htm

---
59–006 

110TH CONGRESS REPT. 110–52 " ! HOUSE OF REPRESENTATIVES 1st Session Part 3 

DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT OF 

2007 

MARCH 21, 2007.—Ordered to be printed 

Mr. WAXMAN, from the Committee on Oversight and Government 

Reform, submitted the following 

SUPPLEMENTAL REPORT 

[To accompany H.R. 1433] 

ROLLCALL VOTES

Insert the following rollcall sheet in lieu of the existing rollcall 

sheet for Westmoreland Amendment #2 to H.R. 1433. 


jcorcoran on PROD1PC62 with REPORTS
2 


jcorcoran on PROD1PC62 with REPORTSInsert graphic folio 2 here HR52.001
§ 102.4 Administrative termination (52 U.S.C. 30103(d)(2)). ( a ) The Commission, on its own initiative or upon the request of the political committee itself, may administratively terminate a political committee's reporting obligation on the basis of the following factors: ( 1 ) The committee's aggregate reported financial activity in one year is less than $5000;
( 2 ) The committee's reports disclose no receipt of contributions for the previous year;
( 3 ) The committee's last report disclosed minimal expenditures;
( 4 ) The committee's primary purpose for filing its reports has been to disclose outstanding debts and obligations;
( 5 ) The committee has failed to file reports for the previous year;
( 6 ) The committee's last report disclosed that the committee's outstanding debts and obligations do not appear to present a possible violation of the prohibitions and limitations of 11 CFR parts 110 and 114;
( 7 ) The committee's last report disclosed that the Committee does not have substantial outstanding accounts receivable;
( 8 ) The committee's outstanding debts and obligations exceed the total of the committee's reported cash on hand balance.
( b ) The Commission shall send a notification to the committee treasurer of its intent to administratively terminate that committee and may request the treasurer to submit information with regard to the factors set forth at 11 CFR 102.4(a). The treasurer shall respond, in writing, within 30 days of receipt of the Commission's notice or request and if the committee objects to such termination, the committee's response shall so state.
( c ) The Commission shall administratively terminate a committee if such committee fails to object to the Commission's action under 11 CFR 102.4(b) and the Commission determines that either: ( 1 ) The committee has complied with the debt settlement procedures set forth at 11 CFR part 116.
( 2 ) The Commission has approved the forgiveness of any loan(s) owed the committee which would have otherwise been considered a contribution under the Act in violation of 11 CFR part 110;
( 3 ) It does not appear from evidence available that a contribution in violation of 11 CFR parts 110 and 114 will result.
[45 FR 15104, Mar. 7, 1980, as amended at 60 FR 64273, Dec. 14, 1995]
#### The People of the State of New York, Respondent, v Ronald Grace, Appellant.

[823 NYS2d 750]

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered on or about February 18, 2004, unanimously affirmed. No opinion. Order filed. Concur—Andrias, J.E, Friedman, Marlow, Nardelli and Sweeny, JJ.
Limited Power of Attorney - Securities Law Compliance


The undersigned, as an officer of Solectron Corporation,
(the "Corporation"), hereby constitutes and appoints Philip Fok,
Michael Grady, or Victoria Miranda, the undersigned's true and lawful
attorney-in-fact and agent to complete and execute such Forms 3, 4
and 5 and other forms as such attorney-in-fact shall, in his or her
discretion, determine to be required or advisable pursuant to Section
16 of the Securities Exchange Act of 1934 (as amended) and the
rules and regulations promulgated thereunder, or any successor laws and
regulations, as a consequence of the undersigned's ownership,
acquisition or disposition of securities of the Corporation, and to
do all acts necessary in order to file such forms with the Securities
and Exchange Commission, any securities exchange or national
association, the Corporation and such other person or agency as the
attorney-in-fact shall deem appropriate. The undersigned hereby
ratifies and confirms all that said attorney-in-fact and agent shall
do or cause to be done by virtue hereof.


This Limited Power of Attorney is executed at Creedmore, N. Carolina,
as of the date set forth below.



			Signature:  S/ Frederick Rick Rollinson

			Type or Print Name:  Frederick (Rick) Rollinson

			Dated: 	April 29, 2003






Witness:

Signature:	S/ Tonya J. Pope


Type or Print Name:	Tonya J. Pope


Dated: April 29, 2003
§ 319.760 Deviled ham, deviled tongue, and similar products. ( a ) “Deviled Ham” is a semiplastic cured meat food product made from finely comminuted ham and containing condiments. Mechanically Separated (Species) may be used in accordance with § 319.6. Deviled ham may contain added ham fat: *Provided,* That the total fat content shall not exceed 35 percent of the finished product. The moisture content of deviled ham shall not exceed that of the fresh unprocessed meat.
( b ) The moisture content of “Deviled Tongue” and similar products shall not exceed that of the fresh, unprocessed meat.
[35 FR 15597, Oct. 3, 1970, as amended at 43 FR 26425, June 20, 1978; 47 FR 28257, June 29, 1982]
### §2319. Critical skill training bonus

(a) The Secretary may provide a bonus, not to exceed $20,000, to an enlisted member who completes training in a skill designated as critical, if at least four years of obligated active service remain on the member's enlistment at the time the training is completed. A bonus under this section may be paid in a single lump sum or in periodic installments.

(b) If an enlisted member voluntarily or because of misconduct does not complete the member's term of obligated active service, the Secretary may require the member to repay the United States, on a pro rata basis, all sums paid under this section. The Secretary may charge interest on the amount repaid at a rate, to be determined quarterly, equal to 150 percent of the average of the yields on the 91-day Treasury bills auctioned during the calendar quarter preceding the date on which the amount to be repaid is determined.

(Added Pub. L. 108–293, title II, §204(a), Aug. 9, 2004, 118 Stat. 1032, §374; renumbered §2319, Pub. L. 115–282, title I, §113(b), Dec. 4, 2018, 132 Stat. 4221.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282 renumbered section 374 of this title as this section.
##### 



CERTIFICATION OF CHIEF EXECUTIVE OFFICER
REGARDING FORM 10-Q FOR QUARTER ENDING
JUNE 30, 2003, pursuant to 18U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

EXHIBIT 32.1

I, Nello Gonfiantini III, Chairman of the Board, President and Secretary
of Specialty Trust, Inc. (Company), hereby state, certify and attest in this
written statement that:

(a)       The quarterly report of the Company filed on form 10-Q for the quarter
ended June 30, 2003 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

(b)     The information contained in such report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

|                          |  |                                                                                               |  | 
|------------------------- |  | --------------------------------------------------------------------------------------------- |  | 
|/s/ Nello Gonfiantini III |  | Dated this 14th of August, 2003                                                              
|Name:Title :              |  | Nello Gonfiantini IIIChairman of the Board, President
and Secretary
(Chief Executive Officer) |  | 

This certification is made solely for purposes of 18 U.S.C. Section1350,
subject to the knowledge standard contained therein, and not for any other
purpose.

35
### §3709. Presale reinstatement

#### (a) Grounds

Except as provided in sections 3707(b) and 3710(c) of this title, the foreclosure commissioner shall withdraw the security property from foreclosure and cancel the foreclosure sale only if—

(1) the Secretary so directs the commissioner prior to or at the time of sale;

(2) the commissioner finds, upon application of the mortgagor at least three days prior to the date of sale, that the default or defaults upon which the foreclosure is based did not exist at the time of service of the notice of default and foreclosure sale; or

(3)(A) in the case of a foreclosure involving a monetary default, there is tendered to the foreclosure commissioner before public auction is completed the entire amount of principal and interest which would be due if payments under the mortgage had not been accelerated; (B) in the case of a foreclosure involving a nonmonetary default, the foreclosure commissioner, upon application of the mortgagor before the date of foreclosure sale, finds that such default is cured; and (C) there is tendered to the foreclosure commissioner before public auction is completed all amounts due under the mortgage agreement (excluding additional amounts which would have been due if mortgage payments had been accelerated), all amounts of expenditures secured by the mortgage and all costs of foreclosure incurred for which payment from the proceeds of foreclosure is provided in section 3711 of this title, except that the Secretary shall have discretion to refuse to cancel a foreclosure pursuant to this paragraph (3) if the current mortgagor or owner of record has on one or more previous occasions caused a foreclosure of the mortgage, commenced pursuant to this chapter or otherwise, to be canceled by curing a default.

#### (b) Views of Secretary

Prior to withdrawing the security property from foreclosure in the circumstances described in subsection (a)(2) or (a)(3), the foreclosure commissioner shall afford the Secretary a reasonable opportunity to demonstrate why the security property should not be so withdrawn.

#### (c) Mortgage subsequent to reinstatement

In any case in which a foreclosure commenced under this chapter is canceled, the mortgage shall continue in effect as though acceleration had not occurred.

#### (d) Subsequent foreclosures

If the foreclosure commissioner cancels a foreclosure sale under this chapter a new foreclosure may be subsequently commenced as provided in this chapter.

(Pub. L. 97–35, title III, §369A, Aug. 13, 1981, 95 Stat. 427.)
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6395

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ROBERT EARL MARSHALL,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. Richard L. Williams, Senior

District Judge. (3:99-cr-00037-RLW; 3:01-cv-00129-RLW; 3:03-cv00844-RLW; 3:08-cv-00103-RLW)

Submitted: June 19, 2008 Decided: June 25, 2008

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Earl Marshall, Appellant Pro Se. Stephen Wiley Miller, S.

David Schiller, Michael Cornell Wallace, OFFICE OF THE UNITED

STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Robert Earl Marshall seeks to appeal the district court’s

order treating his Fed. R. Civ. P. 60(b) motion as a successive 28

U.S.C. § 2255 (2000) motion, and dismissing it on that basis. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); Reid

v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). A certificate of

appealability will not issue absent “a substantial showing of the

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that any assessment of the constitutional claims

by the district court is debatable or wrong and that any

dispositive procedural ruling by the district court is likewise

debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683-84 (4th Cir. 2001). We have independently reviewed the

record and conclude that Marshall has not made the requisite

showing. Accordingly, we deny his motion for a certificate of

appealability and dismiss the appeal.

Additionally, we construe Marshall’s notice of appeal and

motion for a certificate of appealability as an application to file

a second or successive motion under 28 U.S.C. § 2255. United

States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003). In order

to obtain authorization to file a successive § 2255 motion, a
- 3 -

prisoner must assert claims based on either: (1) a new rule of

constitutional law, previously unavailable, made retroactive by the

Supreme Court to cases on collateral review; or (2) newly

discovered evidence, not previously discoverable by due diligence,

that would be sufficient to establish by clear and convincing

evidence that, but for constitutional error, no reasonable

factfinder would have found the movant guilty of the offense. 28

U.S.C. §§ 2244(b)(2), 2255 (2000). Marshall’s claims do not

satisfy either of these criteria. Therefore, we deny authorization

to file a successive § 2255 motion. 

We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
1 The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 10-1771

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Arkansas. * Modesto De Asuncion Mancia-Polanc o, * [UNPUBLISHED] * Appellant. *

___________ Submitted: August 26, 2010 Filed: September 3, 2010

___________ Before BYE, BOWMAN, and COLLOTON, Circuit Judges.

___________ PER CURIAM. Modesto Mancia-Polanco directly appeals the within-Guidelines-range sentence the District Court 1 imposed after he pleaded guilty to an immigration offense. His counsel has moved to withdr aw, and has filed a brief under Anders v. California , 386 U.S. 738 (1967), suggesting the sentence is excessive. Upon careful review, we conclude that th e District Court, in sentencing ManciaPolanco, committed no procedural error and imposed a substantively reasonable-2- sentence. See United States v. Feemster , 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (in reviewing sentences, the appellate court first ensures that no significant procedural error occurred, then considers the substa ntive reasonableness of the sentence under an abuse-of-discretion standard, taking into account the totality of the circumstances; if the sentence is within the Guidelines ra nge, the appellate c ourt may, but is not required to, apply a presumption of reasonableness). Having independently reviewed this matter under Penson v. Ohio , 488 U.S. 75 (1988), we have found no nonfrivolous issue for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

______________________________
#### § 9002.10 Presidential election.

*Presidential election* means the election of Presidential and Vice Presidential electors.
### §2713. Employment assistance

(a) In General.—In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by section 1143(a)(1) of title 10, the Secretary shall—

(1) establish a database to record all training performed by members of the Coast Guard that may have application to employment in the civilian sector; and

(2) make unclassified information regarding such information available to States and other potential employers referred to in section 1143(c) of title 10 so that States and other potential employers may allow military training to satisfy licensing or certification requirements to engage in a civilian profession.

(b) Form of Certification or Verification.—The Secretary shall ensure that a certification or verification of job skills and experience required by section 1143(a)(1) of title 10 is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification.

(c) Requests by States.—A State may request that the Secretary confirm the accuracy and authenticity of a certification or verification of job skills and experience provided under section 1143(c) of title 10.

(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8206(a), Jan. 1, 2021, 134 Stat. 4649.)