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108hr4739ih | (h) Compensation
(1) Federal cochairperson
The Federal cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title V, United States Code. (2) Alternate Federal cochairperson
The alternate Federal cochairperson— (A) shall be compensated b... |
108hr4739ih | (3) State members and alternates
(A) In general
A State shall compensate each member and alternate representing the State on the Commission at the rate established by law of the State. (B) No additional compensation
No State member or alternate member shall receive any salary, or any contribution to or supplementati... |
108hr4739ih | (4) Detailed employees
(A) In general
No person detailed to serve the Commission under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Commission from— (i) any source other than the State, local, or intergovernmental department or agency from... |
108hr4739ih | (C) Applicable law
The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Commission under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additiona... |
108hr4739ih | (ii) Exception
Compensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Executive director
The ... |
108hr4739ih | (C) No Federal employee status
No member, alternate, officer, or employee of the Commission (except the Federal cochairperson of the Commission, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Commission under subsection (e)(5)) shall be considered to be a Federal employ... |
108hr4739ih | disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee any of the following persons has a financial... |
108hr4739ih | (B) The spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee. (C) Any person or organization with whom t... |
108hr4739ih | or employee— (A) immediately advises the Commission of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and ... |
108hr4739ih | (3) Violation
Any person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. (j) Validity of contracts, loans, and grants
The Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commission determines that ... |
108hr4739ih | Economic and community development grants
(a) In general
The Commission may approve grants to States, local development districts (as defined in section 6(a)), and public and nonprofit entities for projects, approved in accordance with section 9— (1) to develop the infrastructure of the region for the purpose of faci... |
108hr4739ih | (4) to provide assistance to severely distressed and underdeveloped areas; and (5) to otherwise achieve the purposes of this Act. (b) Funding
(1) In general
Funds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under ... |
108hr4739ih | and otherwise provide funds to eligible entities in the region for projects that promote— (A) business development; (B) job training or employment-related education; (C) local planning and leadership development; (D) basic public infrastructure, including high-tech infrastructure and productive natural resource conserv... |
108hr4739ih | (3) Federal share
Notwithstanding any provision of law limiting the Federal share in any grant program, funds appropriated to carry out this section may be used to increase a Federal share in a grant program, as the Commission determines appropriate. 5. |
108hr4739ih | Supplements to Federal grant programs
(a) Federal grant program funding
In accordance with subsection (b), the Federal cochairperson may use amounts made available to carry out this Act, without regard to any limitations on areas eligible for assistance or authorizations for appropriation under any other Act, to fund... |
108hr4739ih | (b) Certification
(1) In general
In the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant program is proposed to be made under this section, no Federal contribution shall be made until the Federal official administering the Federal law a... |
108hr4739ih | (2) Certification by Commission
(A) In general
The certifications and determinations required to be made by the Commission for approval of projects under this Act in accordance with section 9— (i) shall be controlling; and (ii) shall be accepted by the Federal agencies. |
108hr4739ih | (B) Acceptance by Federal cochairperson
Any finding, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant program shall be accepted by the Federal cochairperson with r... |
108hr4739ih | the term local development district means an entity designated by the State that— (1) is— (A) (i) a planning district in existence on the date of enactment of this Act that is recognized by the Economic Development Administration of the Department of Commerce; or (ii) a development district recognized by the State; or ... |
108hr4739ih | as certified by the Federal cochairperson— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (b) Grants to local developmen... |
108hr4739ih | (2) Conditions for grants
(A) Maximum amount
The amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the local development district receiving the grant. (B) Local share
The contributions of a local development district for administrative expenses may be in ca... |
108hr4739ih | (c) Duties of local development districts
A local development district shall— (1) operate as a lead organization serving multicounty areas in the region at the local level; and (2) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institut... |
108hr4739ih | Development planning process
(a) State development plan
In accordance with policies established by the Commission, each State member shall submit a development plan for the area of the region represented by the State member. (b) Content of plan
A State development plan submitted under subsection (a) shall reflect th... |
108hr4739ih | (c) Consultation
In carrying out the development planning process, a State shall— (1) consult with— (A) local development districts; (B) local units of government; and (C) institutions of higher learning; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described i... |
108hr4739ih | Program development criteria
(a) In general
In considering programs and projects to be provided assistance under this Act, and in establishing a priority ranking of the requests for assistance provided by the Commission, the Commission shall follow procedures that ensure, to the maximum extent practicable, considerat... |
108hr4739ih | (4) the importance of the project in relation to other projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic dev... |
108hr4739ih | (b) No relocation assistance
No financial assistance authorized by this Act shall be used to assist an establishment in relocating from 1 area to another. (c) Reduction of funds
Funds may be provided for a program or project in a State under this Act only if the Commission determines that the level of Federal or Stat... |
108hr4739ih | Approval of development plans and projects
(a) In general
A State or regional development plan or any multistate subregional plan that is proposed for development under this Act shall be reviewed by the Commission. (b) Evaluation by State member
An application for a grant or any other assistance for a project under ... |
108hr4739ih | (c) Certification
An application for a grant or other assistance for a project shall be approved only on certification by the State member and Federal cochairperson that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable cr... |
108hr4739ih | (d) Votes for decisions
Upon certification of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Commission under section 3(c) shall be required for approval of the application. 10. Consent of States
Nothing in this Act requires any State to engage in ... |
108hr4739ih | (2) Availability
All records of the Commission shall be available for audit and examination by the Comptroller General of the United States (including authorized representatives of the Comptroller General). (b) Records of recipients of Federal assistance
(1) In general
A recipient of Federal funds under this Act sha... |
108hr4739ih | (2) Availability
All records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, and the Commission (including authorized representatives of the Comptroller General, and the Commission). 12. Annual report
Not later than 180 days after the end of each fiscal year,... |
108hr4739ih | Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Commission to carry out this Act $40,000,000 for each of fiscal years 2005 through 2009, to remain available until expended. (b) Administrative expenses
Not more than 5 percent of the amount appropriated under subsection (a)... |
108hr4739ih | Area covered by Northeast Regional Development Commission
(a) In General
The Northeast Regional Development Commission region means the area consisting of the following: To Be Supplied (to include all appropriate economically distressed areas and counties in the region). (b) Limitation
A county or other political su... |
108hr5222ih | 1. Short title
This Act may be cited as the Military Commissions Act of 2004. 2. Use of military commissions for offenses under law of war or in furtherance of terrorism
(a) In general
Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after se... |
108hr5222ih | Military commissions for offenses against the law of war or in furtherance of terrorism
(a) A military commission covered by this section may be appointed only by the President or a person designated by the President for such purpose. (b) A military commission appointed under subsection (a) may try any person, not a c... |
108hr5222ih | However, in a case in which the accused may be sentenced to a penalty of death, the commission shall consist of seven members. The commission may also include not more than two alternate members. Each member and alternate member shall be a commissioned officer of the armed forces. (d) A military commission shall have a... |
108hr5222ih | The presiding officer shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A majority of the members may overrule the presiding officer on any ruling that excludes evidence on the merits. (e) Trial and defense counsel shall be detailed for a military commission on the sam... |
108hr5222ih | (g) A military commission covered by this section may not find a person guilty of an offense, and may not determine a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. The commission may not sentence a person to suffer death except by the concurrence of all the memb... |
108hr5222ih | (h) A military commission may, under such limitations as the President may prescribe, adjudge any punishment permitted by the law of war, including death, imprisonment for life or for any lesser term, payment of a fine or restitution, or such other lawful punishment or punishments as the commission shall determine to b... |
108hr5222ih | A sentence of death may not be executed until approved by the President. (i) Pursuant to section 936 (Article 36) of the chapter, the President may prescribe rules of evidence and procedure for trial by a military commission. The accused in a military commission shall be given the following minimum rights and protectio... |
108hr5222ih | The burden of proof shall be upon the prosecution to prove each element of an offense beyond a reasonable doubt. (3) The accused shall be informed of the charges against him in a language he understands as soon as practicable prior to trial. (4) The accused shall have the right to a public trial, unless the appointing ... |
108hr5222ih | (6) No adverse inference will be drawn against him by reason of a decision not to testify on his own behalf. (7) Evidence obtained through the use of torture (as defined in section 2340 of title 18), will not be admitted in evidence at trial by a military commission. (8) The accused shall be entitled to assistance of c... |
108hr5222ih | (9) The accused shall have the right to present evidence and to cross-examine each witness. (10) The accused shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. (11) The accused shall have access to all evidence that trial counsel inten... |
108hr5222ih | (13) The accused shall not be tried a second time for the same offense. (j) A person found guilty by military commission shall have a right to review of that finding and any adjudged sentence in accordance with this section. (k) (1) After trial, the presiding officer shall promptly authenticate a verbatim transcript an... |
108hr5222ih | (3) The Secretary of Defense shall review the record of trial and, within a reasonable period of time, take one or more of the following actions of the case: (A) Approve, disapprove, commute, mitigate, or suspend the sentence in whole or in part. (B) Approve or disapprove a finding of guilty, or change a finding of gui... |
108hr5222ih | (4)(A) Following action by the Secretary of Defense, the Court of Appeals for the Armed Forces shall review the record of a military commission— (i) in any case in which the sentence extends to death or to confinement in excess of five years; and (ii) in any other case that the President may prescribe. (B) In any case ... |
108hr5222ih | (C) The Court of Appeals for the Armed Forces shall take action only with respect to matters of law and shall take such action as is permitted under section 867 (Article 67) of this chapter. (5) The Supreme Court of the United States shall have jurisdiction to review, by writ of certiorari, an action of the Court of Ap... |
108hr5222ih | (m) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report on the use of military commissions covered by this section during the preceding calendar year. The report shall set forth a summary of each case covered by this section during such year, together with the disposition an... |
108hr5222ih | The report shall also set forth a detailed description of the activities of the Department with respect to military commissions, a copy of all current rules and regulations relating to the use of military commissions, and an accounting of all funds expended on matters relating to the use of military commissions.. (b) T... |
108hr5222ih | Military commissions for offenses against the law of war or in furtherance of terrorism
(a) A military commission covered by this section may be appointed only by the President or a person designated by the President for such purpose. (b) A military commission appointed under subsection (a) may try any person, not a c... |
108hr5222ih | However, in a case in which the accused may be sentenced to a penalty of death, the commission shall consist of seven members. The commission may also include not more than two alternate members. Each member and alternate member shall be a commissioned officer of the armed forces. (d) A military commission shall have a... |
108hr5222ih | The presiding officer shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A majority of the members may overrule the presiding officer on any ruling that excludes evidence on the merits. (e) Trial and defense counsel shall be detailed for a military commission on the sam... |
108hr5222ih | (g) A military commission covered by this section may not find a person guilty of an offense, and may not determine a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. The commission may not sentence a person to suffer death except by the concurrence of all the memb... |
108hr5222ih | (h) A military commission may, under such limitations as the President may prescribe, adjudge any punishment permitted by the law of war, including death, imprisonment for life or for any lesser term, payment of a fine or restitution, or such other lawful punishment or punishments as the commission shall determine to b... |
108hr5222ih | A sentence of death may not be executed until approved by the President. (i) Pursuant to section 936 (Article 36) of the chapter, the President may prescribe rules of evidence and procedure for trial by a military commission. The accused in a military commission shall be given the following minimum rights and protectio... |
108hr5222ih | The burden of proof shall be upon the prosecution to prove each element of an offense beyond a reasonable doubt. (3) The accused shall be informed of the charges against him in a language he understands as soon as practicable prior to trial. (4) The accused shall have the right to a public trial, unless the appointing ... |
108hr5222ih | (6) No adverse inference will be drawn against him by reason of a decision not to testify on his own behalf. (7) Evidence obtained through the use of torture (as defined in section 2340 of title 18), will not be admitted in evidence at trial by a military commission. (8) The accused shall be entitled to assistance of c... |
108hr5222ih | (9) The accused shall have the right to present evidence and to cross-examine each witness. (10) The accused shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. (11) The accused shall have access to all evidence that trial counsel inten... |
108hr5222ih | (13) The accused shall not be tried a second time for the same offense. (j) A person found guilty by military commission shall have a right to review of that finding and any adjudged sentence in accordance with this section. (k) (1) After trial, the presiding officer shall promptly authenticate a verbatim transcript an... |
108hr5222ih | (3) The Secretary of Defense shall review the record of trial and, within a reasonable period of time, take one or more of the following actions of the case: (A) Approve, disapprove, commute, mitigate, or suspend the sentence in whole or in part. (B) Approve or disapprove a finding of guilty, or change a finding of gui... |
108hr5222ih | (4)(A) Following action by the Secretary of Defense, the Court of Appeals for the Armed Forces shall review the record of a military commission— (i) in any case in which the sentence extends to death or to confinement in excess of five years; and (ii) in any other case that the President may prescribe. (B) In any case ... |
108hr5222ih | (C) The Court of Appeals for the Armed Forces shall take action only with respect to matters of law and shall take such action as is permitted under section 867 (Article 67) of this chapter. (5) The Supreme Court of the United States shall have jurisdiction to review, by writ of certiorari, an action of the Court of Ap... |
108hr5222ih | (m) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report on the use of military commissions covered by this section during the preceding calendar year. The report shall set forth a summary of each case covered by this section during such year, together with the disposition an... |
108hr4958ih | 1. Short title
This Act may be cited as the Energy Independence for a Strong America Act of 2004. 2. Lease sale required
The Secretary of the Interior shall, as soon as practicable after the date of the enactment of this Act and under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. |
108hr4958ih | 1337 ), conduct a sale of oil and gas leases on all submerged lands of the outer Continental Shelf in the Eastern Gulf of Mexico that— (1) are depicted as Leased or Deferred—Not Offered on the Minerals Management Service document entitled Eastern Gulf of Mexico Lease Sale 181, December 2001 Lease Terms, Economic Condit... |
108hr5056ih | 1. Short title
This Act may be cited as the Montana National Forests Boundary Adjustment Act of 2004. 2. Definitions
In this Act: (1) Forest
The term Forest means the Helena National Forest, Lolo National Forest, and Beaverhead-Deerlodge National Forest in the State of Montana. |
108hr5056ih | (2) Map
The term map means— (A) the map entitled Blackfoot Community Project Acquisition Proposed Adjustments, Helena National Forest Boundary and dated March 11, 2004; (B) the map entitled Blackfoot Community Project Acquisition Region One, Lolo National Forest Boundary and dated March 11, 2004; and (C) the map entit... |
108hr5056ih | Helena, lolo, and beaverhead-deerlodge national forests boundary adjustment
(a) In general
The boundaries of the Forests are modified as depicted on the maps. (b) Maps
(1) Availability
The maps shall be on file and available for public inspection in— (A) the Office of the Chief of the Forest Service; and (B) the of... |
108hr5056ih | (c) Administration
Any land or interest in land acquired within the boundaries of the Forests for National Forest System purposes shall be managed in accordance with— (1) the Act of March 1, 1911 (commonly known as the Weeks Law ) ( 16 U.S.C. 480 et seq. ); and (2) the laws (including regulations) applicable to the Na... |
108hr5056ih | 4601-9 ), the boundaries of the Forests, as adjusted under subsection (a), shall be considered to be the boundaries of the Forests as of January 1, 1965. (e) Effect
Nothing in this Act limits the authority of the Secretary to adjust the boundaries of the Forests under section 11 of the Act of March 1, 1911 ( 16 U.S.C.... |
108hr5398ih | 1. Short title and table of contents
(a) Short title
This Act may be cited as the Retirement Enhancement Revenue Act of 2004. (b) Table of contents
The table of contents is as follows: Sec. 1. Short title and table of contents Title I—Public employee pension plans Sec. 101. New qualification requirements for public ... |
108hr5398ih | Improvements in simplified employee pensions Sec. 204. Pension integration rules Sec. 205. Increase to age 75 for beginning mandatory distributions Sec. 206. Restrictions on exclusion of unionized employees from participation in 401(k) plans Sec. 207. Removal of $5,000 limit on plans subject to automatic rollover upon ... |
108hr5398ih | Notice Title IV—Improved pension protections for women Sec. 401. Modifications of joint and survivor annuity requirements Sec. 402. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee Sec. 403. Extension of tier II railroad retirement benefits to surviving form... |
108hr5398ih | Additional accruals under defined benefit plan provided as matching contributions Sec. 504. Limitation on deductions where combination of defined contribution plan and defined benefit plan Sec. 505. Conforming amendments to the Employee Retirement Income Security Act of 1974 Title VI—Additional amendments Sec. 601. Exe... |
108hr5398ih | Prohibited transaction exemption for the provision of investment advice Sec. 606. Increase in deductible contributions to single-employer defined benefit plan upon payment of increased premium to the Pension Benefit Guaranty Corporation Sec. 607. Exemption from prohibited transaction rules for certain aborted emergent ... |
108hr5398ih | New qualification requirements for public employee pension plans
(a) In general
Subsection (a) of section 401 of the Internal Revenue Code of 1986 (relating to requirements for qualification) is amended by inserting after paragraph (34) the following new paragraph: (35) Public employee pension plans
A trust forming ... |
108hr5398ih | (b) Requirements
Part I of subchapter D of chapter 1 of such Code (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by inserting after subpart E the following new subpart: F Public employee pension plans
Sec. 420A. Reporting and disclosure requirements Sec. 420B. Review by qualified review boa... |
108hr5398ih | Reporting and disclosure requirements
(a) In general
A public employee pension plan does not meet the requirements of section 401(a)(35) unless the terms of the plan include the requirements of this section. (b) Required disclosures
The plan shall provide that, within 210 days after the close of each plan year, the ... |
108hr5398ih | (2) a statement of receipts and disbursements during the preceding 12-month period aggregated by general sources and applications, (3) a report containing— (A) a description of all investments and assets of the plan, including their value, (B) the names and positions of all of the trustees of the plan, and the time rem... |
108hr5398ih | including the number of participants and beneficiaries and a summary of their benefits, and a projection of the amount of benefits expected to be paid for the fifth, tenth, and fifteenth plan year following the date of the publication of the report, and (F) the percentage which the current value of the assets of the pl... |
108hr5398ih | Such information shall be written and calculated to be understood by the average plan participant, and shall be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan. |
108hr5398ih | (c) Availability of plan documents for examination
The plan shall provide that the administrator shall make copies of the plan description and the latest annual report and the bargaining agreement, trust agreement, contract, or other instruments under which the plan was established or is operated available for examina... |
108hr5398ih | (d) Availability of information upon request
The plan shall provide that the administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is es... |
108hr5398ih | Review by qualified review boards of changes in employer contributions
(a) In general
A public employee pension plan does not meet the requirements of section 401(a)(35) unless, under the plan, changes in employer contributions are subject to review by a qualified review board established for the plan as provided in ... |
108hr5398ih | (b) Membership
(1) In general
The membership of a qualified review board established for a plan shall consist of 3 members selected from among individuals who, by means of their education and experience, have demonstrated expertise in the area of pension fund management, as follows: (A) one member is appointed by the... |
108hr5398ih | and (C) one member is selected jointly by the Governor and by a representative of participants in the plan (from a certified list of pension experts established in accordance with paragraph (2)). Each member of the board shall have 1 vote. Members of the board shall serve for such equivalent terms as shall be prescribe... |
108hr5398ih | (2) Certified list of experts
The Governor of the State shall, for purposes of paragraph (1)(C), establish and maintain with respect to each public employee pension plan (for which such State is the principal State) a certified list of pension experts meeting the requirements for membership on the qualified review boa... |
108hr5398ih | (c) Powers
The board shall be treated as a qualified review board for purposes of this section with respect to any public employee pension plan (for which such State is the principal State) only if the powers of such board under the law of the principal State include review by the board, for approval or disapproval by... |
108hr5398ih | in such form and manner as shall be prescribed in regulations of the Secretary, by— (A) at least one-third of the total number of trustees of any trust fund forming a part of the plan, or (B) the head of any employee organization representing at least 20 percent of the total number of active participants in the plan. T... |
108hr5398ih | Definitions and coverage
(a) Definitions
For purposes of this subpart— (1) Administrator
The term administrator means— (A) the board of trustees, retirement board, or similar person with administrative responsibilities in connection with a plan, or any other person specifically so designated in connection with any r... |
108hr5398ih | (2) Beneficiary
The term beneficiary means a person designated by a participant, or by the terms of a public employee pension plan, who is or may become entitled to a benefit thereunder. (3) Current liability
The term current liability has the meaning provided in section 302(d)(7) of the Employee Retirement Income Se... |
108hr5398ih | (5) Employee organization
The term employee organization means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers or employer re... |
108hr5398ih | (6) Employer
The term employer means— (A) the government of any State or of any political subdivision of a State, (B) any agency or instrumentality of a government referred to in subparagraph (A), or (C) any agency or instrumentality of two or more governments referred to in subparagraph (A). (7) Employer contribution... |
108hr5398ih | (8) Employer representative
The term employer representative means— (A) any group or association consisting, in whole or in part, of employers acting, in connection with a public employee pension plan, for an employer, or (B) any person acting, in connection with a public employee pension plan, indirectly in the inter... |
108hr5398ih | by an employer, an employer representative, or an employee organization, or by a combination thereof, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (A) provides retirement income to employees, or (B) results in a deferral of income by employees for peri... |
108hr5398ih | (10) Principal State
The term principal State means, for any plan year with respect to a public employee pension plan, the State in which, as of the beginning of such plan year, the largest percentage of the participants of the plan employed in any single State is employed. (11) Governor
The term Governor means, in c... |
108hr5398ih | (12) Participant
The term participant means any individual who is or may become eligible to receive a benefit of any type from a public employee pension plan or whose beneficiaries may be eligible to receive any such benefit. (13) Person
The term person means a State, a political subdivision of a State, any agency or... |
108hr5398ih | (14) Plan sponsor
The term plan sponsor means— (A) in the case of a plan established or maintained solely for employees of a single employer, such employer, (B) in the case of a plan established or maintained by an employee organization, the employee organization, or (C) in the case of a plan established or maintained... |
108hr5398ih | (15) Plan year
The term plan year means, with respect to a plan, the calendar, policy, or fiscal year on which the records of the plan are kept. (16) State
The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. (b) ... |
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