IIB 
110TH CONGRESS 
2D SESSION 
H. R. 6382 
IN THE SENATE OF THE UNITED STATES 
JULY 10 (legislative day, JULY 9), 2008 
Received 
AUGUST 1, 2008 
Read twice and referred to the Committee on Health, Education, Labor, and 
Pensions 
AN ACT 
To make technical corrections related to the Pension 
Protection Act of 2006, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; REFERENCES TO ACTS. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Pension Protection Technical Corrections Act of 2008’’. 
(b) REFERENCES TO ACTS.—For purposes of this 
Act: 
(1) AMENDMENT
OF
1986
CODE.—The term 
‘‘1986 Code’’ means the Internal Revenue Code of 
1986. 
(2) 
AMENDMENT
OF
ERISA.—The 
term 
‘‘ERISA’’ means the Employee Retirement Income 
Security Act of 1974. 
(3) 2006 ACT.—The term ‘‘2006 Act’’ means 
the Pension Protection Act of 2006. 
TITLE I—TECHNICAL CORREC-
TIONS RELATED TO THE PEN-
SION PROTECTION ACT OF 
2006 
SEC. 101. AMENDMENTS RELATED TO TITLE I. 
(a) AMENDMENTS RELATED TO SECTIONS 101 AND 
111.— 
(1) AMENDMENTS TO ERISA.— 
(A) Clause (i) of section 302(c)(1)(A) of 
ERISA is amended by striking ‘‘the plan is’’ 
and inserting ‘‘the plan are’’. 
(B) Section 302(c)(7) of ERISA is amend-
ed by inserting ‘‘which reduces the accrued ben-
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efit of any participant’’ after ‘‘subsection 
(d)(2)’’ in subparagraph (A). 
(C) Section 302(d)(1) of ERISA is amend-
ed by striking ‘‘, the valuation date,’’. 
(2) AMENDMENTS TO 1986 CODE.— 
(A) Clause (i) of section 412(c)(1)(A) of 
the 1986 Code is amended by striking ‘‘the plan 
is’’ and inserting ‘‘the plan are’’. 
(B) Section 412(c)(7) of the 1986 Code is 
amended by inserting ‘‘which reduces the ac-
crued benefit of any participant’’ after ‘‘sub-
section (d)(2)’’ in subparagraph (A). 
(C) Section 412(d)(1) of the 1986 Code is 
amended by striking ‘‘, the valuation date,’’. 
(b) AMENDMENTS RELATED TO SECTIONS 102 AND 
112.— 
(1) AMENDMENTS TO ERISA.— 
(A) Section 303(b) of ERISA is amended 
to read as follows: 
‘‘(b) TARGET NORMAL COST.—For purposes of this 
section: 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (i)(2) with respect to plans in at-risk status, 
the term ‘target normal cost’ means, for any plan 
year, the excess of— 
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‘‘(A) the sum of— 
‘‘(i) the present value of all benefits 
which are expected to accrue or to be 
earned under the plan during the plan 
year, plus 
‘‘(ii) the amount of plan-related ex-
penses expected to be paid from plan as-
sets during the plan year, over 
‘‘(B) the amount of mandatory employee 
contributions expected to be made during the 
plan year. 
‘‘(2) SPECIAL
RULE
FOR
INCREASE
IN
COM-
PENSATION.—For purposes of this subsection, if any 
benefit attributable to services performed in a pre-
ceding plan year is increased by reason of any in-
crease in compensation during the current plan year, 
the increase in such benefit shall be treated as hav-
ing accrued during the current plan year.’’. 
(B) Section 303(c)(5)(B)(iii) of ERISA is 
amended by inserting ‘‘beginning’’ before ‘‘after 
2008’’. 
(C) Section 303(c)(5)(B)(iv)(II) of ERISA 
is amended by inserting ‘‘for such year’’ after 
‘‘beginning in 2007)’’. 
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(D) Section 303(f)(4)(A) of ERISA is 
amended by striking ‘‘paragraph (2)’’ and in-
serting ‘‘paragraph (3)’’. 
(E) Section 303(h)(2)(F) of ERISA is 
amended— 
(i) 
by 
striking 
‘‘section 
205(g)(3)(B)(iii)(I)) for such month’’ and 
inserting ‘‘section 205(g)(3)(B)(iii)(I) for 
such month)’’, and 
(ii) by striking ‘‘subparagraph (B)’’ 
and inserting ‘‘subparagraph (C)’’. 
(F) Section 303(i) of ERISA is amended— 
(i) in paragraph (2)— 
(I) by striking subparagraph (A) 
and inserting the following new sub-
paragraph: 
‘‘(A) the excess of— 
‘‘(i) the sum of— 
‘‘(I) the present value of all bene-
fits which are expected to accrue or to 
be earned under the plan during the 
plan year, determined using the addi-
tional actuarial assumptions described 
in paragraph (1)(B), plus 
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(ii) by adding at the end of subpara-
graph (E) the following new clause: 
‘‘(iii) PLAN WITH ALTERNATE VALU-
ATION DATE.—The Secretary of the Treas-
ury shall prescribe regulations for the ap-
plication of this paragraph in the case of 
a plan which has a valuation date other 
than the first day of the plan year.’’, and 
(iii) by striking ‘‘AND SHORT YEARS’’ 
in the heading of subparagraph (E) and 
inserting ‘‘, SHORT
YEARS, AND
YEARS 
WITH ALTERNATE VALUATION DATE’’. 
(H) Section 303(k)(6)(B) of ERISA is 
amended by striking ‘‘, except’’ and all that fol-
lows and inserting a period. 
(2) AMENDMENTS TO 1986 CODE.— 
(A) Section 430(b) of the 1986 Code is 
amended to read as follows: 
‘‘(b) TARGET NORMAL COST.—For purposes of this 
section: 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (i)(2) with respect to plans in at-risk status, 
the term ‘target normal cost’ means, for any plan 
year, the excess of— 
‘‘(A) the sum of— 
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‘‘(i) the present value of all benefits 
which are expected to accrue or to be 
earned under the plan during the plan 
year, plus 
‘‘(ii) the amount of plan-related ex-
penses expected to be paid from plan as-
sets during the plan year, over 
‘‘(B) the amount of mandatory employee 
contributions expected to be made during the 
plan year. 
‘‘(2) SPECIAL
RULE
FOR
INCREASE
IN
COM-
PENSATION.—For purposes of this subsection, if any 
benefit attributable to services performed in a pre-
ceding plan year is increased by reason of any in-
crease in compensation during the current plan year, 
the increase in such benefit shall be treated as hav-
ing accrued during the current plan year.’’. 
(B) Section 430(c)(5)(B)(iii) of the 1986 
Code is amended by inserting ‘‘beginning’’ be-
fore ‘‘after 2008’’. 
(C) Section 430(c)(5)(B)(iv)(II) of the 
1986 Code is amended by inserting ‘‘for such 
year’’ after ‘‘beginning in 2007)’’. 
(D) Section 430(f) of the 1986 Code is 
amended— 
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(i) by striking ‘‘as of the first day of 
the plan year’’ the second place it appears 
in the first sentence of paragraph (3)(A), 
(ii) by striking ‘‘paragraph (2)’’ in 
paragraph (4)(A) and inserting ‘‘para-
graph (3)’’, 
(iii) by striking ‘‘paragraph (1), (2), 
or (4) of section 206(g)’’ in paragraph 
(6)(B)(iii) and inserting ‘‘subsection (b), 
(c), or (e) of section 436’’, 
(iv) by striking ‘‘the sum of’’ in para-
graph (6)(C), and 
(v) by striking ‘‘of the Treasury’’ in 
paragraph (8). 
(E) Section 430(h)(2) of the 1986 Code is 
amended— 
(i) by inserting ‘‘and target normal 
cost’’ after ‘‘funding target’’ in subpara-
graph (B), 
(ii) by striking ‘‘liabilities’’ and insert-
ing ‘‘benefits’’ in subparagraph (B), 
(iii) 
by 
striking 
‘‘section 
417(e)(3)(D)(i)) for such month’’ in sub-
paragraph (F) and inserting ‘‘section 
417(e)(3)(D)(i) for such month)’’, and 
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(iv) by striking ‘‘subparagraph (B)’’ 
in subparagraph (F) and inserting ‘‘sub-
paragraph (C)’’. 
(F) Section 430(i) of the 1986 Code is 
amended— 
(i) in paragraph (2)— 
(I) by striking subparagraph (A) 
and inserting the following new sub-
paragraph: 
‘‘(A) the excess of— 
‘‘(i) the sum of— 
‘‘(I) the present value of all bene-
fits which are expected to accrue or to 
be earned under the plan during the 
plan year, determined using the addi-
tional actuarial assumptions described 
in paragraph (1)(B), plus 
‘‘(II) the amount of plan-related 
expenses expected to be paid from 
plan assets during the plan year, over 
‘‘(ii) the amount of mandatory em-
ployee contributions expected to be made 
during the plan year, plus’’, and 
(II) in subparagraph (B), by 
striking ‘‘the target normal cost (de-
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termined without regard to this para-
graph) of the plan for the plan year’’ 
and inserting ‘‘the amount determined 
under subsection (b)(1)(A)(i) with re-
spect to the plan for the plan year’’, 
and 
(ii) by striking ‘‘subparagraph (A)(ii)’’ 
in the last sentence of paragraph (4)(B) 
and inserting ‘‘subparagraph (A)’’. 
(G) Section 430(j)(3) of the 1986 Code is 
amended— 
(i) by adding at the end of subpara-
graph (A) the following new sentence: ‘‘In 
the case of plan years beginning in 2008, 
the funding shortfall for the preceding plan 
year may be determined using such meth-
ods of estimation as the Secretary may 
provide.’’, 
(ii) by striking ‘‘section 302(c)’’ in 
subparagraph (D)(ii)(II) and inserting 
‘‘section 412(c)’’, 
(iii) by adding at the end of subpara-
graph (E) the following new clause: 
‘‘(iii) PLAN WITH ALTERNATE VALU-
ATION
DATE.—The Secretary shall pre-
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scribe regulations for the application of 
this paragraph in the case of a plan which 
has a valuation date other than the first 
day of the plan year.’’, and 
(iv) by striking ‘‘AND SHORT YEARS’’ 
in the heading of subparagraph (E) and 
inserting ‘‘, SHORT
YEARS, AND
YEARS 
WITH ALTERNATE VALUATION DATE’’. 
(H) Section 430(k) of the 1986 Code is 
amended— 
(i) by inserting ‘‘(as provided under 
paragraph (2))’’ after ‘‘applies’’ in para-
graph (1), and 
(ii) by striking ‘‘, except’’ and all that 
follows in paragraph (6)(B) and inserting 
a period. 
(c) AMENDMENTS RELATED TO SECTIONS 103 AND 
113.— 
(1) AMENDMENTS TO ERISA.— 
(A) Section 101(j) of ERISA is amended— 
(i) in paragraph (2), by striking ‘‘sec-
tion 206(g)(4)(B)’’ and inserting ‘‘section 
206(g)(4)(A)’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘The Secretary of the Treasury, in 
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consultation with the Secretary, shall have 
the authority to prescribe rules applicable 
to the notices required under this sub-
section.’’. 
(B) Section 206(g)(1)(B)(ii) of ERISA is 
amended by striking ‘‘a funding’’ and inserting 
‘‘an adjusted funding’’. 
(C) The heading for section 206(g)(1)(C) 
of ERISA is amended by inserting ‘‘BENEFIT’’ 
after ‘‘EVENT’’. 
(D) Section 206(g)(3)(E) of ERISA is 
amended by adding at the end the following 
new flush sentence: 
‘‘Such term shall not include the payment of a 
benefit which under section 203(e) may be im-
mediately distributed without the consent of the 
participant.’’. 
(E) Section 206(g)(5)(A)(iv) of ERISA is 
amended by inserting ‘‘adjusted’’ before ‘‘fund-
ing’’. 
(F) Section 206(g)(9)(C) of ERISA is 
amended— 
(i) by striking ‘‘without regard to this 
subparagraph and’’ in clause (i), and 
(ii) in clause (iii)— 
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(I) by striking ‘‘without regard to 
this 
subparagraph’’ 
and 
inserting 
‘‘without regard to the reduction in 
the value of assets under section 
303(f)(4)’’, and 
(II) by inserting ‘‘beginning’’ be-
fore ‘‘after’’ each place it appears. 
(G) Section 206(g) of ERISA is amended 
by redesignating paragraph (10) as paragraph 
(11) and by inserting after paragraph (9) the 
following new paragraph: 
‘‘(10) SECRETARIAL
AUTHORITY
FOR
PLANS 
WITH ALTERNATE VALUATION DATE.—In the case of 
a plan which has designated a valuation date other 
than the first day of the plan year, the Secretary of 
the Treasury may prescribe rules for the application 
of this subsection which are necessary to reflect the 
alternate valuation date.’’. 
(H) Section 502(c)(4) of ERISA is amend-
ed by striking ‘‘by any person’’ and all that fol-
lows through the period and inserting ‘‘by any 
person of subsection (j), (k), or (l) of section 
101 or section 514(e)(3).’’. 
(2) AMENDMENTS TO 1986 CODE.— 
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(A) Section 436(b)(2) of the 1986 Code is 
amended— 
(i) by striking ‘‘section 303’’ and in-
serting ‘‘section 430’’ in the matter pre-
ceding subparagraph (A), and 
(ii) by striking ‘‘a funding’’ and in-
serting ‘‘an adjusted funding’’ in subpara-
graph (B). 
(B) Section 436(b)(3) of the 1986 Code is 
amended— 
(i) by inserting ‘‘BENEFIT’’ after 
‘‘EVENT’’ in the heading, and 
(ii) by striking ‘‘any event’’ in sub-
paragraph (B) and inserting ‘‘an event’’. 
(C) Section 436(d)(5) of the 1986 Code is 
amended by adding at the end the following 
new flush sentence: 
‘‘Such term shall not include the payment of a ben-
efit which under section 411(a)(11) may be imme-
diately distributed without the consent of the partici-
pant.’’. 
(D) Section 436(f) of the 1986 Code is 
amended— 
(i) by inserting ‘‘adjusted’’ before 
‘‘funding’’ in paragraph (1)(D), and 
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(ii) by striking ‘‘prefunding balance 
under section 430(f) or funding standard 
carryover balance’’ in paragraph (2) and 
inserting ‘‘prefunding balance or funding 
standard carryover balance under section 
430(f)’’. 
(E) Section 436(j)(3) of the 1986 Code is 
amended— 
(i) in subparagraph (A)— 
(I) by striking ‘‘without regard to 
this paragraph and’’, 
(II) 
by 
striking 
‘‘section 
430(f)(4)(A)’’ and inserting ‘‘section 
430(f)(4)’’, and 
(III) by striking ‘‘paragraph (1)’’ 
and inserting ‘‘paragraphs (1) and 
(2)’’, and 
(ii) in subparagraph (C)— 
(I) by striking ‘‘without regard to 
this paragraph’’ and inserting ‘‘with-
out regard to the reduction in the 
value 
of 
assets 
under 
section 
430(f)(4)’’, and 
(II) by inserting ‘‘beginning’’ be-
fore ‘‘after’’ each place it appears. 
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(F) Section 436 of the 1986 Code is 
amended by redesignating subsection (k) as 
subsection (m) and by inserting after subsection 
(j) the following new subsections: 
‘‘(k) SECRETARIAL AUTHORITY FOR PLANS WITH 
ALTERNATE VALUATION DATE.—In the case of a plan 
which has designated a valuation date other than the first 
day of the plan year, the Secretary may prescribe rules 
for the application of this section which are necessary to 
reflect the alternate valuation date. 
‘‘(l) SINGLE-EMPLOYER PLAN.—For purposes of this 
section, the term ‘single-employer plan’ means a plan 
which is not a multiemployer plan.’’. 
(3) AMENDMENTS
TO
2006
ACT.—Sections 
103(c)(2)(A)(ii) and 113(b)(2)(A)(ii) of the 2006 
Act are each amended— 
(A) by striking ‘‘subsection’’ and inserting 
‘‘section’’, and 
(B) by striking ‘‘subparagraph’’ and in-
serting ‘‘paragraph’’. 
(d) AMENDMENTS RELATED TO SECTIONS 107 AND 
114.— 
(1) AMENDMENTS TO ERISA.— 
(A) Section 103(d) of ERISA is amend-
ed— 
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(i) in paragraph (3), by striking ‘‘the 
normal costs, the accrued liabilities’’ and 
inserting ‘‘the normal costs or target nor-
mal costs, the accrued liabilities or funding 
target’’, and 
(ii) by striking paragraph (7) and in-
serting the following new paragraph: 
‘‘(7) A certification of the contribution nec-
essary to reduce the minimum required contribution 
determined under section 303, or the accumulated 
funding deficiency determined under section 304, to 
zero.’’. 
(B) Section 4071 of ERISA is amended by 
striking ‘‘as section 303(k)(4) or 307(e)’’ and 
inserting ‘‘or section 303(k)(4),’’. 
(2) AMENDMENTS TO 1986 CODE.— 
(A) Section 401(a)(29) of the 1986 Code 
is amended by striking ‘‘ON PLANS IN AT-RISK 
STATUS’’ in the heading. 
(B) Section 401(a)(32)(C) of the 1986 
Code is amended— 
(i) by striking ‘‘section 430(j)’’ and 
inserting ‘‘section 430(j)(3)’’, and 
(ii) by striking ‘‘paragraph (5)(A)’’ 
and inserting ‘‘section 430(j)(4)(A)’’. 
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ing improvement plan’’ the first place it ap-
pears. 
(H) Section 502(c)(2) of ERISA is amend-
ed by striking ‘‘101(b)(4)’’ and inserting 
‘‘101(b)(1)’’. 
(I) Section 502(c)(8)(A) of ERISA is 
amended by inserting ‘‘plan’’ after ‘‘multiem-
ployer’’. 
(2) AMENDMENTS TO 1986 CODE.— 
(A) Section 432(b)(3)(C) of the 1986 Code 
is amended by striking ‘‘section 101(b)(4)’’ and 
inserting ‘‘section 101(b)(1)’’. 
(B) Section 432(b)(3)(D)(iii) of the 1986 
Code is amended by striking ‘‘The Secretary of 
Labor’’ and inserting ‘‘The Secretary, in con-
sultation with the Secretary of Labor’’. 
(C) Section 432(c) of the 1986 Code is 
amended— 
(i) in paragraph (3), by striking ‘‘sec-
tion 304(d)’’ in subparagraph (A)(ii) and 
inserting ‘‘section 431(d)’’, and 
(ii) in paragraph (7)— 
(I) by striking ‘‘to agree on’’ and 
all that follows in subparagraph 
(A)(ii) and inserting ‘‘to adopt a con-
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tribution schedule with terms con-
sistent with the funding improvement 
plan and a schedule from the plan 
sponsor,’’, and 
(II) by striking subparagraph (B) 
and inserting the following new sub-
paragraph: 
‘‘(B) DATE
OF
IMPLEMENTATION.—The 
date specified in this subparagraph is the date 
which is 180 days after the date on which the 
collective bargaining agreement described in 
subparagraph (A) expires.’’. 
(D) Section 432(e) of the 1986 Code is 
amended— 
(i) in paragraph (3)(C)— 
(I) by striking all that follows ‘‘to 
adopt a’’ in clause (i)(II) and insert-
ing ‘‘to adopt a contribution schedule 
with terms consistent with the reha-
bilitation plan and a schedule from 
the plan sponsor under paragraph 
(1)(B)(i),’’, and 
(II) by striking clause (ii) and in-
serting the following new clause: 
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