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‘‘(ii) TREATMENT
OF
WAIVERS
FOR 
WHICH APPLICATIONS ARE PENDING.—The 
amount described in clause (i)(I) shall in-
clude any increase in such amount which 
would result if all applications for waivers 
of the minimum funding standard under 
this subsection which are pending with re-
spect to such plan were denied. 
‘‘(5) SPECIAL
RULES
FOR
SINGLE-EMPLOYER 
PLANS.— 
‘‘(A) APPLICATION MUST BE SUBMITTED 
BEFORE DATE 21⁄2 MONTHS AFTER CLOSE OF 
YEAR.—In the case of a defined benefit plan 
which is not a multiemployer plan, no waiver 
may be granted under this subsection with re-
spect to any plan for any plan year unless an 
application therefor is submitted to the Sec-
retary not later than the 15th day of the 3rd 
month beginning after the close of such plan 
year. 
‘‘(B) SPECIAL RULE IF EMPLOYER IS MEM-
BER OF CONTROLLED GROUP.—In the case of a 
defined benefit plan which is not a multiem-
ployer plan, if an employer is a member of a 
controlled group, the temporary substantial
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business hardship requirements of paragraph 
(1) shall be treated as met only if such require-
ments are met— 
‘‘(i) with respect to such employer, 
and 
‘‘(ii) with respect to the controlled 
group of which such employer is a member 
(determined by treating all members of 
such group as a single employer). 
The Secretary may provide that an analysis of 
a trade or business or industry of a member 
need not be conducted if the Secretary deter-
mines such analysis is not necessary because 
the taking into account of such member would 
not significantly affect the determination under 
this paragraph. 
‘‘(6) ADVANCE NOTICE.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
before granting a waiver under this subsection, 
require each applicant to provide evidence satis-
factory to the Secretary that the applicant has 
provided notice of the filing of the application 
for such waiver to each affected party (as de-
fined in section 4001(a)(21) of the Employee 
Retirement Income Security Act of 1974). Such
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notice shall include a description of the extent 
to which the plan is funded for benefits which 
are guaranteed under title IV of the Employee 
Retirement Income Security Act of 1974 and 
for benefit liabilities. 
‘‘(B) CONSIDERATION
OF
RELEVANT
IN-
FORMATION.—The Secretary shall consider any 
relevant information provided by a person to 
whom notice was given under subparagraph 
(A). 
‘‘(7) RESTRICTION ON PLAN AMENDMENTS.— 
‘‘(A) IN GENERAL.—No amendment of a 
plan which increases the liabilities of the plan 
by reason of any increase in benefits, any 
change in the accrual of benefits, or any change 
in the rate at which benefits become nonforfeit-
able under the plan shall be adopted if a waiver 
under this subsection or an extension of time 
under section 431(d) is in effect with respect to 
the plan, or if a plan amendment described in 
subsection (d)(2) has been made at any time in 
the preceding 12 months (24 months in the 
case of a multiemployer plan). If a plan is 
amended in violation of the preceding sentence, 
any such waiver, or extension of time, shall not
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apply to any plan year ending on or after the 
date on which such amendment is adopted. 
‘‘(B) EXCEPTION.—Paragraph (1) shall 
not apply to any plan amendment which— 
‘‘(i) the Secretary determines to be 
reasonable and which provides for only de 
minimis increases in the liabilities of the 
plan, 
‘‘(ii) only repeals an amendment de-
scribed in subsection (d)(2), or 
‘‘(iii) is required as a condition of 
qualification under part I of subchapter D, 
of chapter 1. 
‘‘(d) MISCELLANEOUS RULES.— 
‘‘(1) CHANGE
IN
METHOD
OR
YEAR.—If the 
funding method, the valuation date, or a plan year 
for a plan is changed, the change shall take effect 
only if approved by the Secretary. 
‘‘(2) CERTAIN
RETROACTIVE
PLAN
AMEND-
MENTS.—For purposes of this section, any amend-
ment applying to a plan year which— 
‘‘(A) is adopted after the close of such plan 
year but no later than 21⁄2 months after the 
close of the plan year (or, in the case of a mul-
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tiemployer plan, no later than 2 years after the 
close of such plan year), 
‘‘(B) does not reduce the accrued benefit 
of any participant determined as of the begin-
ning of the first plan year to which the amend-
ment applies, and 
‘‘(C) does not reduce the accrued benefit of 
any participant determined as of the time of 
adoption except to the extent required by the 
circumstances, 
shall, at the election of the plan administrator, be 
deemed to have been made on the first day of such 
plan year. No amendment described in this para-
graph which reduces the accrued benefits of any par-
ticipant shall take effect unless the plan adminis-
trator files a notice with the Secretary notifying him 
of such amendment and the Secretary has approved 
such amendment, or within 90 days after the date 
on which such notice was filed, failed to disapprove 
such amendment. No amendment described in this 
subsection shall be approved by the Secretary unless 
the Secretary determines that such amendment is 
necessary because of a substantial business hardship 
(as determined under subsection (c)(2)) and that a 
waiver under subsection (c) (or, in the case of a
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multiemployer plan, any extension of the amortiza-
tion period under section 431(d)) is unavailable or 
inadequate. 
‘‘(3) CONTROLLED
GROUP.—For purposes of 
this section, the term ‘controlled group’ means any 
group treated as a single employer under subsection 
(b), (c), (m), or (o) of section 414. 
‘‘(e) PLANS TO WHICH SECTION APPLIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), this section applies to a plan if, for any 
plan year beginning after December 31, 2006— 
‘‘(A) such plan included a trust which 
qualified (or was determined by the Secretary 
to have qualified) under section 401(a), or 
‘‘(B) such plan satisfied (or was deter-
mined by the Secretary to have satisfied) the 
requirements of section 403(a). 
‘‘(2) EXCEPTIONS.—This section shall not 
apply to— 
‘‘(A) any profit-sharing or stock bonus 
plan, 
‘‘(B) any insurance contract plan described 
in paragraph (3), 
‘‘(C) any governmental plan (within the 
meaning of section 414(d)),