Loopholes > Federal > Multiemployer Plan Amortization Extension Election
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Multiemployer Plan Amortization Extension Election

IRC §431(b)(8)

Allows multiemployer plans to elect to amortize net investment losses over 30 years rather than 15 years, and to expand the asset smoothing period to 10 years.

Eligibility

Multiemployer pension plans meeting specific solvency tests that experienced investment losses or COVID-19 related experience losses.

Frequently Asked Questions

Who is eligible for the Multiemployer Plan Amortization Extension Election?

Multiemployer pension plans meeting specific solvency tests that experienced investment losses or COVID-19 related experience losses.

How does the Multiemployer Plan Amortization Extension Election work?

Allows multiemployer plans to elect to amortize net investment losses over 30 years rather than 15 years, and to expand the asset smoothing period to 10 years.

What law authorizes the Multiemployer Plan Amortization Extension Election?

The Multiemployer Plan Amortization Extension Election is authorized under IRC §431(b)(8) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §431

Source: Internal Revenue Code, Title 26, United States Code

§ 431. Minimum funding standards for multiemployer plans(a) In generalFor purposes of section 412, the accumulated funding deficiency of a multiemployer plan for any plan year is the amount, determined as of the end of the plan year, equal to the excess (if any) of the total charges to the funding standard account of the plan for all plan years (beginning with the first plan year for which this part applies to the plan) over the total credits to such account for such years. (b) Funding standard account(1) Account requiredEach multiemployer plan to which this part applies shall establish and maintain a funding standard account. Such account shall be credited and charged solely as provided in this section. (2) Charges to accountFor a plan year, the funding standard account shall be charged with the sum of—(A) the normal cost of the plan for the plan year, (B) the amounts necessary to amortize in equal annual installments (until fully amortized)—(i) in the case of a plan which comes into existence on or after January 1, 2008, the unfunded past service liability under the plan on the first day of the first plan year to which this section applies, over a period of 15 plan years, (ii) separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (iii) separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 15 plan years, and (iv) separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 15 plan years, (C) the amount necessary to amortize each waived funding deficiency (within the meaning of section 412(c)(3)) for each prior plan year in equal annual installments (until fully amortized) over a period of 15 plan years, (D) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under section 412(b)(3)(D) (as in effect on the day before the date of the enactment of the Pension Protection Act of 2006), and (E) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 20 years the contributions which would be required to be made under the plan but for the provisions of section 412(c)(7)(A)(i)(I) (as in effect on the day before the date of the enactment of the Pension Protection Act of 2006). (3) Credits to accountFor a plan year, the funding standard account shall be credited with the sum of—(A) the amount considered contributed by the employer to or under the plan for the plan year,

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