1662 
sion Benefit Guaranty Corporation and the 
Secretary of Labor, of an application shall 
be treated as final agency action for pur-
poses of section 704 of title 5, United States 
Code. 
‘‘(iv) AGENCY REVIEW.—In evaluating 
whether the plan sponsor has met the cri-
teria specified in clause (ii) of subpara-
graph (C), the Secretary of the Treasury, in 
consultation with the Pension Benefit Guar-
anty Corporation and the Secretary of 
Labor, shall review the plan sponsor’s con-
sideration of factors under such clause. 
‘‘(v) STANDARD FOR ACCEPTING PLAN 
SPONSOR DETERMINATIONS.—In evaluating 
the plan sponsor’s application, the Sec-
retary of the Treasury shall accept the plan 
sponsor’s determinations unless it concludes, 
in consultation with the Pension Benefit 
Guaranty Corporation and the Secretary of 
Labor, that the plan sponsor’s determina-
tions were clearly erroneous. 
‘‘(H) PARTICIPANT
RATIFICATION
PROC-
ESS.—
1663 
‘‘(i) IN
GENERAL.—No suspension of 
benefits may take effect pursuant to this 
paragraph prior to a vote of the partici-
pants of the plan with respect to the suspen-
sion. 
‘‘(ii) ADMINISTRATION OF VOTE.—Not 
later than 30 days after approval of the sus-
pension by the Secretary of the Treasury, in 
consultation with the Pension Benefit Guar-
anty Corporation and the Secretary of 
Labor, under subparagraph (G), the Sec-
retary of the Treasury, in consultation with 
the Pension Benefit Guaranty Corporation 
and the Secretary of Labor, shall admin-
ister a vote of participants and beneficiaries 
of the plan. Except as provided in clause 
(v), the suspension shall go into effect fol-
lowing the vote unless a majority of all par-
ticipants and beneficiaries of the plan vote 
to reject the suspension. The plan sponsor 
may submit a new suspension application 
to the Secretary of the Treasury for ap-
proval in any case in which a suspension is 
prohibited from taking effect pursuant to a 
vote under this subparagraph.
1664 
‘‘(iii) BALLOTS.—The plan sponsor 
shall provide a ballot for the vote (subject to 
approval by the Secretary of the Treasury, 
in consultation with the Pension Benefit 
Guaranty Corporation and the Secretary of 
Labor) that includes the following: 
‘‘(I) A statement from the plan 
sponsor in support of the suspension. 
‘‘(II) A statement in opposition to 
the suspension compiled from com-
ments received pursuant to subpara-
graph (G)(ii). 
‘‘(III) A statement that the sus-
pension has been approved by the Sec-
retary of the Treasury, in consultation 
with the Pension Benefit Guaranty 
Corporation and the Secretary of 
Labor. 
‘‘(IV) A statement that the plan 
sponsor has determined that the plan 
will become insolvent unless the sus-
pension takes effect. 
‘‘(V) A statement that insolvency 
of the plan could result in benefits
1665 
lower than benefits paid under the sus-
pension. 
‘‘(VI) A statement that insolvency 
of the Pension Benefit Guaranty Cor-
poration would result in benefits lower 
than benefits paid in the case of plan 
insolvency. 
‘‘(iv) COMMUNICATION BY PLAN SPON-
SOR.—It is the sense of Congress that, de-
pending on the size and resources of the 
plan and geographic distribution of the 
plan’s participants, the plan sponsor should 
take such steps as may be necessary to in-
form participants about proposed benefit 
suspensions through in-person meetings, 
telephone or internet-based communications, 
mailed information, or by other means. 
‘‘(v) 
SYSTEMICALLY
IMPORTANT 
PLANS.— 
‘‘(I) IN GENERAL.—Not later than 
14 days after a vote under this sub-
paragraph rejecting a suspension, the 
Secretary of the Treasury, in consulta-
tion with the Pension Benefit Guar-
anty Corporation and the Secretary of
1666 
Labor, shall determine whether the 
plan is a systemically important plan. 
If the Secretary of the Treasury, in 
consultation with the Pension Benefit 
Guaranty Corporation and the Sec-
retary of Labor, determines that the 
plan is a systemically important plan, 
not later than the end of the 90-day 
period beginning on the date the re-
sults of the vote are certified, the Sec-
retary of the Treasury shall, notwith-
standing such adverse vote— 
‘‘(aa) permit the implemen-
tation of the suspension proposed 
by the plan sponsor; or 
‘‘(bb) permit the implementa-
tion of a modification by the Sec-
retary of the Treasury, in con-
sultation with the Pension Benefit 
Guaranty Corporation and the 
Secretary of Labor, of such sus-
pension (so long as the plan is 
projected 
to 
avoid 
insolvency 
within the meaning of section 
4245 of the Employee Retirement
1668 
payments exceeds $1,000,000,000 
if suspensions are not imple-
mented. 
‘‘(bb) INDEXING.—For cal-
endar years beginning after 2015, 
there shall be substituted for the 
dollar amount specified in item 
(aa) an amount equal to the prod-
uct of such dollar amount and a 
fraction, the numerator of which 
is the contribution and benefit 
base (determined under section 
230 of the Social Security Act) for 
the preceding calendar year and 
the denominator of which is such 
contribution and benefit base for 
calendar year 2014. If the amount 
otherwise determined under this 
item 
is 
not 
a 
multiple 
of 
$1,000,000, such amount shall be 
rounded to the next lowest mul-
tiple of $1,000,000. 
‘‘(vi) FINAL AUTHORIZATION TO SUS-
PEND.—In any case in which a suspension 
goes into effect following a vote pursuant to
1669 
clause (ii) (or following a determination 
under clause (v) that the plan is a system-
ically important plan), the Secretary of the 
Treasury, in consultation with the Pension 
Benefit Guaranty Corporation and the Sec-
retary of Labor, shall issue a final author-
ization to suspend with respect to the sus-
pension not later than 7 days after such 
vote (or, in the case of a suspension that 
goes into effect under clause (v), at a time 
sufficient to allow the implementation of the 
suspension prior to the end of the 90-day 
period described in clause (v)(I)). 
‘‘(I) JUDICIAL REVIEW.— 
‘‘(i) DENIAL OF APPLICATION.—An ac-
tion by the plan sponsor challenging the de-
nial of an application for suspension of 
benefits by the Secretary of the Treasury, in 
consultation with the Pension Benefit Guar-
anty Corporation and the Secretary of 
Labor, may only be brought following such 
denial. 
‘‘(ii) APPROVAL
OF
SUSPENSION
OF 
BENEFITS.—
1670 
‘‘(I) TIMING OF ACTION.—An ac-
tion challenging a suspension of bene-
fits under this paragraph may only be 
brought following a final authorization 
to suspend by the Secretary of the 
Treasury, in consultation with the 
Pension Benefit Guaranty Corporation 
and the Secretary of Labor, under sub-
paragraph (H)(vi). 
‘‘(II) STANDARDS OF REVIEW.— 
‘‘(aa) IN GENERAL.—A court 
shall review an action challenging 
a suspension of benefits under this 
paragraph in accordance with sec-
tion 706 of title 5, United States 
Code. 
‘‘(bb) TEMPORARY
INJUNC-
TION.—A court reviewing an ac-
tion challenging a suspension of 
benefits under this paragraph 
may not grant a temporary in-
junction with respect to such sus-
pension unless the court finds a 
clear and convincing likelihood
1671 
that the plaintiff will prevail on 
the merits of the case. 
‘‘(iii) RESTRICTED
CAUSE
OF
AC-
TION.—A participant or beneficiary affected 
by a benefit suspension under this para-
graph shall not have a cause of action 
under this title. 
‘‘(iv) LIMITATION ON ACTION TO SUS-
PEND BENEFITS.—No action challenging a 
suspension of benefits following the final au-
thorization to suspend or the denial of an 
application for suspension of benefits pursu-
ant to this paragraph may be brought after 
one year after the earliest date on which the 
plaintiff acquired or should have acquired 
actual knowledge of the existence of such 
cause of action. 
‘‘(J) SPECIAL RULE FOR EMERGENCE FROM 
CRITICAL
STATUS.—A plan certified to be in 
critical and declining status pursuant to projec-
tions made under subsection (b)(3) for which a 
suspension of benefits has been made by the plan 
sponsor pursuant to this paragraph shall not 
emerge from critical status under paragraph 
(4)(B), until such time as—
1672 
‘‘(i) the plan is no longer certified to 
be in critical or endangered status under 
paragraphs (1) and (2) of subsection (b), 
and 
‘‘(ii) the plan is projected to avoid in-
solvency under section 418E.’’. 
(6) RULE
RELATING
TO
WITHDRAWAL
LIABIL-
ITY.—Section 432(g)(1) of the Internal Revenue Code 
of 1986, as added by section 109, is further amended 
by inserting ‘‘, or benefit reductions or suspensions 
while in critical and declining status under sub-
section (e)(9)), unless the withdrawal occurs more 
than ten years after the effective date of a benefit sus-
pension by a plan in critical and declining status,’’ 
after ‘‘benefit reductions under subsection (e)(8) or 
(f)’’. 
(7) GUIDANCE.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
the Treasury, in consultation with the Pension Ben-
efit Guaranty Corporation and the Secretary of 
Labor, shall publish appropriate guidance to imple-
ment section 432(e)(9) of the Internal Revenue Code 
of 1986.
1673 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act. 
DIVISION P—OTHER RETIREMENT- 
RELATED MODIFICATIONS 
SEC. 1. SUBSTANTIAL CESSATION OF OPERATIONS. 
(a) IN GENERAL.—Subsection (e) of section 4062 of 
the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1362) is amended to read as follows: 
‘‘(e) TREATMENT OF SUBSTANTIAL CESSATION OF OP-
ERATIONS.— 
‘‘(1) GENERAL
RULE.—Except as provided in 
paragraphs (3) and (4), if there is a substantial ces-
sation of operations at a facility in any location, the 
employer shall be treated with respect to any single 
employer plan established and maintained by the em-
ployer covering participants at such facility as if the 
employer were a substantial employer under a plan 
under which more than one employer makes contribu-
tions and the provisions of sections 4063, 4064, and 
4065 shall apply. 
‘‘(2) 
SUBSTANTIAL
CESSATION
OF
OPER-
ATIONS.—For purposes of this subsection: 
‘‘(A) IN GENERAL.—The term ‘substantial 
cessation of operations’ means a permanent ces-
1675 
cated in the United States, by an employee who 
is a citizen or resident of the United States. 
‘‘(D) DISPOSITIONS.—If, whether by reason 
of a sale or other disposition of the assets or 
stock of a contributing sponsor (or any member 
of the same controlled group as such a sponsor) 
of the plan relating to operations at a facility or 
otherwise, an employer (the ‘transferee em-
ployer’) other than the employer which experi-
ences the substantial cessation of operations (the 
‘transferor employer’) conducts any portion of 
such operations, then— 
‘‘(i) an eligible employee separated 
from employment with the transferor em-
ployer at the facility shall not be taken into 
account in computing a workforce reduction 
if— 
‘‘(I) within a reasonable period of 
time, the employee is replaced by the 
transferee employer by an employee 
who is a citizen or resident of the 
United States; and 
‘‘(II) in the case of an eligible em-
ployee who is a participant in a single 
employer plan maintained by the
1676 
transferor employer, the transferee em-
ployer, within a reasonable period of 
time, maintains a single employer 
plan which includes the assets and li-
abilities attributable to the accrued 
benefit of the eligible employee at the 
time of separation from employment 
with the transferor employer; and 
‘‘(ii) an eligible employee who con-
tinues to be employed at the facility by the 
transferee employer shall not be taken into 
account in computing a workforce reduction 
if— 
‘‘(I) the eligible employee is not a 
participant in a single employer plan 
maintained by the transferor employer, 
or 
‘‘(II) in any other case, the trans-
feree employer, within a reasonable pe-
riod of time, maintains a single em-
ployer plan which includes the assets 
and liabilities attributable to the ac-
crued benefit of the eligible employee at 
the time of separation from employ-
ment with the transferor employer.
1677 
‘‘(3) EXEMPTION
FOR
PLANS
WITH
LIMITED 
UNDERFUNDING.—Paragraph (1) shall not apply 
with respect to a single employer plan if, for the plan 
year preceding the plan year in which the cessation 
occurred— 
‘‘(A) there were fewer than 100 participants 
with accrued benefits under the plan as of the 
valuation date of the plan for the plan year (as 
determined under section 303(g)(2)); or 
‘‘(B) the ratio of the market value of the as-
sets of the plan to the funding target of the plan 
for the plan year was 90 percent or greater. 
‘‘(4) ELECTION TO MAKE ADDITIONAL CONTRIBU-
TIONS TO SATISFY LIABILITY.— 
‘‘(A) IN GENERAL.—An employer may elect 
to satisfy the employer’s liability with respect to 
a plan by reason of paragraph (1) by making 
additional contributions to the plan in the 
amount determined under subparagraph (B) for 
each plan year in the 7-plan-year period begin-
ning with the plan year in which the cessation 
occurred. Any such additional contribution for a 
plan year shall be in addition to any minimum 
required contribution under section 303 for such
1678 
plan year and shall be paid not later than the 
earlier of— 
‘‘(i) the due date for the minimum re-
quired contribution for such year under sec-
tion 303(j); or 
‘‘(ii) in the case of the first such con-
tribution, the date that is 1 year after the 
date on which the employer notifies the Cor-
poration of the substantial cessation of oper-
ations or the date the Corporation deter-
mines a substantial cessation of operations 
has occurred, and in the case of subsequent 
contributions, the same date in each suc-
ceeding year. 
‘‘(B) AMOUNT DETERMINED.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (iii), the amount determined 
under this subparagraph with respect to 
each plan year in the 7-plan-year period is 
the product of— 
‘‘(I) 1⁄7 of the unfunded vested 
benefits 
determined 
under 
section 
4006(a)(3)(E) as of the valuation date 
of the plan (as determined under sec-
tion 303(g)(2)) for the plan year pre-
1679 
ceding the plan year in which the ces-
sation occurred; and 
‘‘(II) the reduction fraction. 
‘‘(ii) REDUCTION FRACTION.—For pur-
poses of clause (i), the reduction fraction of 
a single employer plan is equal to— 
‘‘(I) the number of participants 
with accrued benefits in the plan who 
were included in computing the work-
force 
reduction 
under 
paragraph 
(2)(B) as a result of the cessation of 
operations at the facility; divided by 
‘‘(II) the number of eligible em-
ployees of the employer who are par-
ticipants with accrued benefits in the 
plan, determined as of the same date 
the determination under paragraph 
(2)(A) is made. 
‘‘(iii) 
LIMITATION.—The 
additional 
contribution under this subparagraph for 
any plan year shall not exceed the excess, if 
any, of— 
‘‘(I) 25 percent of the difference 
between the market value of the assets 
of the plan and the funding target of
1680 
the plan for the preceding plan year; 
over 
‘‘(II) the minimum required con-
tribution under section 303 for the 
plan year. 
‘‘(C) PERMITTED CESSATION OF ANNUAL IN-
STALLMENTS
WHEN
PLAN
BECOMES
SUFFI-
CIENTLY FUNDED.—An employer’s obligation to 
make additional contributions under this para-
graph shall not apply to— 
‘‘(i) the first plan year (beginning on 
or after the first day of the plan year in 
which the cessation occurs) for which the 
ratio of the market value of the assets of the 
plan to the funding target of the plan for 
the plan year is 90 percent or greater, or 
‘‘(ii) any plan year following such first 
plan year. 
‘‘(D) COORDINATION WITH FUNDING WAIV-
ERS.— 
‘‘(i) IN GENERAL.—If the Secretary of 
the Treasury issues a funding waiver under 
section 302(c) with respect to the plan for 
a plan year in the 7-plan-year period under 
subparagraph (A), the additional contribu-
1681 
tion with respect to such plan year shall be 
permanently waived. 
‘‘(ii) NOTICE.—An employer maintain-
ing a plan with respect to which such a 
funding waiver has been issued or a request 
for such a funding waiver is pending shall 
provide notice to the Secretary of the Treas-
ury, in such form and at such time as the 
Secretary of the Treasury shall provide, of 
a cessation of operations to which para-
graph (1) applies. 
‘‘(E) ENFORCEMENT.— 
‘‘(i) NOTICE.—An employer making 
the election under this paragraph shall pro-
vide notice to the Corporation, in accord-
ance with rules prescribed by the Corpora-
tion, of— 
‘‘(I) such election, not later than 
30 days after the earlier of the date the 
employer notifies the Corporation of 
the substantial cessation of operations 
or the date the Corporation determines 
a substantial cessation of operations 
has occurred;
1682 
‘‘(II) the payment of each addi-
tional contribution, not later than 10 
days after such payment; 
‘‘(III) any failure to pay the ad-
ditional 
contribution 
in 
the 
full 
amount for any year in the 7-plan- 
year period, not later than 10 days 
after the due date for such payment; 
‘‘(IV) the waiver under subpara-
graph (D)(i) of the obligation to make 
an additional contribution for any 
year, not later than 30 days after the 
funding waiver described in such sub-
paragraph is granted; and 
‘‘(V) the cessation of any obliga-
tion to make additional contributions 
under subparagraph (C), not later 
than 10 days after the due date for 
payment of the additional contribution 
for the first plan year to which such 
cessation applies. 
‘‘(ii) ACCELERATION OF LIABILITY TO 
THE PLAN FOR FAILURE TO PAY.—If an em-
ployer fails to pay the additional contribu-
tion in the full amount for any year in the
1683 
7-plan-year period by the due date for such 
payment, the employer shall, as of such 
date, be liable to the plan in an amount 
equal to the balance which remains unpaid 
as of such date of the aggregate amount of 
additional contributions required to be paid 
by the employer during such 7-year-plan 
period. The Corporation may waive or settle 
the liability described in the preceding sen-
tence, at the discretion of the Corporation. 
‘‘(iii) CIVIL ACTION.—The Corporation 
may bring a civil action in the district 
courts of the United States in accordance 
with section 4003(e) to compel an employer 
making such election to pay the additional 
contributions required under this para-
graph. 
‘‘(5) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) ELIGIBLE EMPLOYEE.—The term ‘eli-
gible employee’ means an employee who is eligi-
ble to participate in an employee pension benefit 
plan (as defined in section 3(2)) established and 
maintained by the employer.
1684 
‘‘(B) FUNDING TARGET.—The term ‘funding 
target’ means, with respect to any plan year, the 
funding target as determined under section 
4006(a)(3)(E)(iii)(I) for purposes of determining 
the premium paid to the Corporation under sec-
tion 4007 for the plan year. 
‘‘(C) MARKET VALUE.—The market value of 
the assets of a plan shall be determined in the 
same manner as for purposes of section 
4006(a)(3)(E). 
‘‘(6) SPECIAL RULES.— 
‘‘(A) CHANGE IN OPERATION OF CERTAIN 
FACILITIES
AND
PROPERTY.—For purposes of 
paragraphs (1) and (2), an employer shall not be 
treated as ceasing operations at a qualified lodg-
ing facility (as defined in section 856(d)(9)(D) 
of the Internal Revenue Code of 1986) if such op-
erations are continued by an eligible inde-
pendent contractor (as defined in section 
856(d)(9)(A) of such Code) pursuant to an agree-
ment with the employer. 
‘‘(B) AGGREGATION
OF
PRIOR
SEPARA-
TIONS.—The workforce reduction under para-
graph (2) with respect to any cessation of oper-
ations shall be determined by taking into ac-
1685 
count any separation from employment of any 
eligible employee at the facility (other than a 
separation which is not taken into account as 
workforce reduction by reason of subparagraph 
(C) or (D) of paragraph (2)) which— 
‘‘(i) is related to the permanent ces-
sation of operations of the employer at the 
facility, and 
‘‘(ii) occurs during the 3-year period 
preceding such cessation. 
‘‘(C) NO
ADDITION
TO
PREFUNDING
BAL-
ANCE.—For purposes of section 303(f)(6)(B) and 
section 430(f)(6)(B) of the Internal Revenue 
Code of 1986, any additional contribution made 
under paragraph (4) shall be treated in the same 
manner as a contribution an employer is re-
quired to make in order to avoid a benefit reduc-
tion under paragraph (1), (2), or (4) of section 
206(g) or subsection (b), (c), or (e) of section 436 
of the Internal Revenue Code of 1986 for the 
plan year.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendment made by this 
section shall apply to a cessation of operations or
1686 
other event at a facility occurring on or after the date 
of enactment of this Act. 
(2) TRANSITION RULE.—An employer that had a 
cessation of operations before the date of enactment of 
this Act (as determined under subsection 4062(e) of 
the Employee Retirement Income Security Act of 
1974 as in effect before the amendment made by this 
section), but did not enter into an arrangement with 
the Pension Benefit Guaranty Corporation to satisfy 
the requirements of such subsection (as so in effect) 
before such date of enactment, shall be permitted to 
make the election under section 4062(e)(4) of such Act 
(as in effect after the amendment made by this sec-
tion) as if such cessation had occurred on such date 
of enactment. Such election shall be made not later 
than 30 days after such Corporation issues, on or 
after such date of the enactment, a final administra-
tive determination that a substantial cessation of op-
erations has occurred. 
(c) DIRECTION TO THE CORPORATION.—The Pension 
Benefit Guaranty Corporation shall not take any enforce-
ment, administrative, or other action pursuant to section 
4062(e) of the Employee Retirement Income Security Act 
of 1974, or in connection with an agreement settling liabil-
ity arising under such section, that is inconsistent with the
1687 
amendment made by this section, without regard to whether 
the action relates to a cessation or other event that occurs 
before, on, or after the date of the enactment of this Act, 
unless such action is in connection with a settlement agree-
ment that is in place before June 1, 2014. The Pension Ben-
efit Guaranty Corporation shall not initiate a new enforce-
ment action with respect to section 4062(e) of such Act that 
is inconsistent with its enforcement policy in effect on June 
1, 2014. 
SEC. 2. CLARIFICATION OF THE NORMAL RETIREMENT AGE. 
(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.—Section 204 of the Em-
ployee Retirement Income Security Act of 1974 (29 U.S.C. 
1054) is amended by redesignating subsection (k) as sub-
section (l) and by inserting after subsection (j) the following 
new subsection: 
‘‘(k) SPECIAL RULE FOR DETERMINING NORMAL RE-
TIREMENT AGE FOR CERTAIN EXISTING DEFINED BENEFIT 
PLANS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
3(24), an applicable plan shall not be treated as fail-
ing to meet any requirement of this title, or as failing 
to have a uniform normal retirement age for purposes 
of this title, solely because the plan provides for a 
normal retirement age described in paragraph (2).
1688 
‘‘(2) APPLICABLE PLAN.—For purposes of this 
subsection— 
‘‘(A) IN
GENERAL.—The term ‘applicable 
plan’ means a defined benefit plan the terms of 
which, on or before December 8, 2014, provided 
for a normal retirement age which is the earlier 
of— 
‘‘(i) an age otherwise permitted under 
section 3(24), or 
‘‘(ii) the age at which a participant 
completes the number of years (not less than 
30 years) of benefit accrual service specified 
by the plan. 
A plan shall not fail to be treated as an applica-
ble plan solely because the normal retirement age 
described in the preceding sentence only applied 
to certain participants or only applied to em-
ployees of certain employers in the case of a plan 
maintained by more than 1 employer. 
‘‘(B) EXPANDED APPLICATION.—Subject to 
subparagraph (C), if, after December 8, 2014, an 
applicable plan is amended to expand the appli-
cation of the normal retirement age described in 
subparagraph (A) to additional participants or 
to employees of additional employers maintain-
1689 
ing the plan, such plan shall also be treated as 
an applicable plan with respect to such partici-
pants or employees. 
‘‘(C) LIMITATION ON EXPANDED APPLICA-
TION.—A defined benefit plan shall be an appli-
cable plan only with respect to an individual 
who— 
‘‘(i) is a participant in the plan on or 
before January 1, 2017, or 
‘‘(ii) is an employee at any time on or 
before January 1, 2017, of any employer 
maintaining the plan, and who becomes a 
participant in such plan after such date.’’. 
(b) AMENDMENT TO THE INTERNAL REVENUE CODE 
OF 1986.—Section 411 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
subsection: 
‘‘(f) SPECIAL RULE FOR DETERMINING NORMAL RE-
TIREMENT AGE FOR CERTAIN EXISTING DEFINED BENEFIT 
PLANS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a)(8), an applicable plan shall not be treated as fail-
ing to meet any requirement of this subchapter, or as 
failing to have a uniform normal retirement age for 
purposes of this subchapter, solely because the plan
1690 
provides for a normal retirement age described in 
paragraph (2). 
‘‘(2) APPLICABLE PLAN.—For purposes of this 
subsection— 
‘‘(A) IN
GENERAL.—The term ‘applicable 
plan’ means a defined benefit plan the terms of 
which, on or before December 8, 2014, provided 
for a normal retirement age which is the earlier 
of— 
‘‘(i) an age otherwise permitted under 
subsection (a)(8), or 
‘‘(ii) the age at which a participant 
completes the number of years (not less than 
30 years) of benefit accrual service specified 
by the plan. 
A plan shall not fail to be treated as an applica-
ble plan solely because the normal retirement age 
described in the preceding sentence only applied 
to certain participants or only applied to em-
ployees of certain employers in the case of a plan 
maintained by more than 1 employer. 
‘‘(B) EXPANDED APPLICATION.—Subject to 
subparagraph (C), if, after December 8, 2014, an 
applicable plan is amended to expand the appli-
cation of the normal retirement age described in