Pension Protection Act of 2006 Summary of Key Provisions ___________________________________________________________________ The AICPA Employee Benefit Plan Audit Quality Center has prepared this summary of the Pension Protection Act of 2006 to assist members in obtaining a general understanding of key provisions in the Act relating to financial, reporting and other matters that are highlighted in this summary This document was prepared from information included in the Joint Committee on Taxation, Technical Explanation of H.R. 4, the “Pension Protection Act of 2006,” as Passed by the House on July 28, 2006, and as Considered by the Senate on August 3, 2006 (JCX-38-06), August 3, 2006. ___________________________________________________________________ TITLE I: REFORM OF FUNDING RULES FOR SINGLE-EMPLOYER DEFINED BENEFIT PENSION PLANS Subtitle A--Amendments to Employee Retirement Income Security Act of 1974 Sec. 101. Minimum funding standards Replaces the existing rules related to the funding of single-employer defined benefit pension plans with a new minimum funding standard, which is satisfied if contributions to the plan equal at least the calculated minimum funding required. Also stipulates who is liable for contributions to the plan, allows for fund waivers in case of company hardship, and stipulates the requirements and process for requesting funding waivers. Sec. 102. Funding rules for single-employer defined benefit pension plans Describes the funding standards and minimum required contribution for a plan year. Includes new rules on measuring the benefit obligation and plan assets, use of interest rate assumptions, mortality tables, valuation date, credit balances for carryover and pre-funded balances. Establishes special rules for “at-risk” plans. For plan years beginning after December 31, 2005, and before January 1, 2008, the provision applies the present-law funding rules. For plan years beginning after December 31, 2007, the provision repeals the present-law funding rules for singleemployer defined benefit pension plans (including the requirement that a funding standard account be maintained) and provides a new set of rules for determining minimum required contributions. The minimum required contribution to a singleemployer defined benefit pension plan for a plan year generally depends on a comparison of the value of the plan’s assets with the plan’s funding target and target normal cost. A plan’s funding target is the present value of all benefits accrued or earned as of the beginning of the plan year. A plan’s target normal cost for a plan year is the present value of benefits expected to accrue or be earned during the plan year. Sec. 103. Benefit limitations under single-employer plans Certain plan amendments may not take effect during a plan year if the plan’s adjusted funding target attainment percentage for the plan year: (1) is less than 80 percent; or (2) would be less than 80 percent taking into account the amendment. Sec. 104. Special rules for multiple employer plans of certain cooperatives Sec. 105. Temporary relief for certain PBGC settlement plans Sec. 106. Special rules for plans of certain government contractors Sec. 107. Technical and conforming amendments Subtitle B--Amendments to Internal Revenue Code of 1986 (Conforms the funding rules of the IRC) Sec. 111. Minimum funding standards Sec. 112. Funding rules for single-employer defined benefit pension plans. Sec. 113. Benefit limitations under single-employer plans Sec. 114. Technical and conforming amendments Sec. 115. Modification of transition rule to pension funding requirements Sec. 116. Restrictions on funding of nonqualified deferred compensation plans by employers maintaining underfunded or terminated single-employer plans TITLE II--FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT PLANS AND RELATED PROVISIONS Subtitle A--Amendments to Employee Retirement Income Security Act of 1974 Sec. 201. Funding rules for multiemployer defined benefit plans Establishes the required minimum funding rules for multiemployer defined benefit plans. Specifies how and as of what date to value plan assets, including interest rate and mortality table to be used, and defines a fully funded plan. Modifies the amortization periods applicable to multiemployer plans so that the amortization period for most charges is 15 years. Under the provision, past service liability under the plan is amortized over 15 years (rather than 30); past service liability due to plan amendments is amortized over 15 years (rather than 30); and experience gains and losses resulting from a change in actuarial assumptions are 2 amortized over 15 years (rather than 30). Eliminates the alternative funding standard account. Provides that in applying the funding rules, all costs, liabilities, interest rates, and other factors are required to be determined on the basis of actuarial assumptions and methods, each of which is reasonable (taking into account the experience of the plan and reasonable expectations). The assumptions are required to offer the actuary’s best estimate of anticipated experience under the plan. Sec. 202. Additional funding rules for multiemployer plans in endangered or critical status Provides additional funding rules for multiemployer defined benefit plans in effect on July 16, 2006, that are in “endangered” or “critical” status. Requires the adoption of and compliance with a “funding improvement plan” in the case of a multiemployer plan in endangered status, and a “rehabilitation plan” in the case of a multiemployer plan in critical status. The plan actuary must certify not later than the 90th day of each plan year to the Secretary of the Treasury and to the plan sponsor whether or not the plan is in endangered or critical status for the plan year. In the case of a plan that is in a funding improvement or rehabilitation period, the actuary must certify whether or not the plan is making scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan. Failure of the plan’s actuary to certify the status of the plan is treated as a failure to file the annual report. Sec. 203. Measures to forestall insolvency of multiemployer plans Modifies the requirements for anticipating future insolvencies of plans in reorganization status. Unless the plan sponsor determines that the value of plan assets exceeds three times the total amount of benefit payments, the plan sponsor must determine whether the plan will be insolvent for any of the next five plan years, rather than three plan years as under present law. Sec. 204. Withdrawal liability reforms Prescribes a new table under ERISA section 4225(a)(2) to be used in determining the portion of the liquidation or dissolution value of the employer for the calculation of the limitation of unfunded vested benefits allocable to an employer in the case of a bona fide sale of all or substantially all of the employer’s assets in an arm’s length transaction to an unrelated party. A partial withdrawal also occurs if the employer permanently ceases to have an obligation to contribute under one or more, but fewer than all collective bargaining agreements under which obligated to contribute, but the employer transfers such work to an entity or entities owned or controlled by the employer. Sec. 205. Prohibition on retaliation against employers exercising their rights to petition the Federal Government 3 Sec. 206. Special rule for certain benefits funded under an agreement approved by the Pension Benefit Guaranty Corporation Subtitle B--Amendments to Internal Revenue Code of 1986 (Conforms the funding rules of the IRC ) Sec. 211. Funding rules for multiemployer defined benefit plans Sec. 212. Additional funding rules for multiemployer plans in endangered or critical status Sec. 213. Measures to forestall insolvency of multiemployer plans Sec. 214. Exemption from excise taxes for certain multiemployer pension plans Subtitle C--Sunset of Additional Funding Rules TITLE III--INTEREST RATE ASSUMPTIONS Sec. 301. Extension of replacement of 30-year Treasury rates Notes that the replacement of the 30-year Treasury rate has been extended for certain purposes. Provisions relating to extension of the replacement of the 30-year Treasury rate for purposes of single-employer funding rules are included under Title I of the Act. The provision relating to extension of the replacement of the 30-year Treasury rate for PBGC premium purposes is included under Title IV of the Act. Sec. 302. Interest rate assumption for determination of lump sum distributions Changes the interest rate and mortality table used in calculating the minimum value of certain optional forms of benefits, such as lump sums. Sec. 303. Interest rate assumption for applying benefit limitations to lump sum distributions TITLE IV--PBGC GUARANTEE AND RELATED PROVISIONS Sec. 401. PBGC premiums Establishes the basis of the variable-rate premium calculation. For 2006 and 2007, the bill extends the present-law rule in determining the amount of unfunded vested benefits for variable rate premium purposes. Beginning in 2008, the determination of unfunded vested benefits for purposes of the variable rate premium is modified to reflect the changes to the funding rules of the provision. Makes permanent the termination premium enacted in the Deficit Reduction Act of 2005. 4 Sec. 402. Special funding rules for certain plans maintained by commercial airlines Sec. 403. Limitation on PBGC guarantee of shutdown and other benefits Sec. 404. Rules relating to bankruptcy of employer Sec. 405. PBGC premiums for small plans In the case of a plan of a small employer, the per participant variable-rate premium is no more than $5 multiplied by the number of plan participants in the plan at the end of the preceding plan year. For purposes of the provision, a small employer is a contributing sponsor that, on the first day of the plan year, has 25 or fewer employees. Sec. 406. Authorization for PBGC to pay interest on premium overpayment refunds Sec. 407. Rules for substantial owner benefits in terminated plans Sec. 408. Acceleration of PBGC computation of benefits attributable to recoveries from employers Sec. 409. Treatment of certain plans where cessation or change in membership of a controlled group Sec. 410. Missing participants Requires PBGC to prescribe rules for terminating multiemployer plans similar to the present-law missing participant rules applicable to terminating single employer plans that are subject to Title IV of ERISA. Sec. 411. Director of the Pension Benefit Guaranty Corporation Sec. 412. Inclusion of information in the PBGC annual report TITLE V--DISCLOSURE Sec. 501. Defined benefit plan funding notice Expands the annual funding notice requirement that applies under present law to multiemployer plans, so that it applies also to single-employer plans and, in the case of a single-employer plan, includes a summary of the PBGC rules governing plan termination. Specifies the requirements for an annual plan funding notice. Stipulates the contents of the notice, to whom the notice must be sent, the form and manner of communication, and the time when the notice must be provided. Sec. 502. Access to multiemployer pension plan information Requires plan administrators, within 30 days of a written request, to provide certain specified information to a plan participant or beneficiary, employee organization, or employer who has an obligation to contribute to a plan. Specifies the information regarding withdrawal liabilities that must be provided, within 180 days of a written request, to any employer having an obligation to contribute to the plan. 5 Sec. 503. Additional annual reporting requirements. Requires that the annual report (i.e. - Form 5500) of a defined benefit pension plan in which the liabilities under the plan as of the end of a plan year consist (in whole or in part) of liabilities under two or more other pension plans as of immediately before the plan year include the plan’s funded percentage as of the last day of the plan year and the funded percentage of each of such other plans. Specifies additional information required for multiemployer plans. An annual report filed with respect to a multiemployer plan must include, as of the end of the plan year, additional information related to the number of employers obligated to contribute to the plan, the employers that contributed more than five percent of the total contributions to the plan, the number of participants on whose behalf no contributions were made by an employer as an employer of the participant, whether the plan received an amortization extension for the plan year, whether the plan used the shortfall funding method, whether the plan was in critical or endangered status, the number of employers that withdrew from the plan during the preceding plan year, the aggregate amount of withdrawal liability assessed, and certain other information. Sec. 504. Electronic display of annual report information Identification and basic plan information and actuarial information included in the plan’s annual report (i.e. - Form 5500) must be filed with the DOL in an electronic format that accommodates display on the Internet. The DOL is to provide for the display of such information, within 90 days after the filing of the annual report, on a website maintained by the DOL. Identification and basic plan information and actuarial information included in the plan’s annual report (Form 5500) is required to be displayed on any Intranet website maintained by the plan sponsor (or by the plan administrator on behalf of the plan sponsor) in accordance with DOL regulations. Sec. 505. Section 4010 filings with the PBGC The requirement of section 4010 reporting applicable under present law if aggregate unfunded vested benefits exceed $50 million is replaced with a requirement of section 4010 reporting if the funding target attainment percentage at the end of the preceding plan year of a plan maintained by a contributing sponsor or any member of its controlled group is less than 80 percent. Sec. 506. Disclosure of termination information to plan participants Revises the rules applicable in the case of a distress termination to require a plan administrator to provide an affected party with any information provided to the PBGC in connection with the proposed plan termination. Sec. 507. Notice of freedom to divest employer securities Requires a notice when an applicable individual is eligible to exercise the right to divest his or her account under an applicable defined contribution plan of employer securities. 6 Sec. 508. Periodic pension benefit statements Revises the benefit statement requirements under ERISA. The new requirements depend in part on the type of plan and the individual to whom the statement is provided, and include information provided and frequency of statements sent to participants by plan type. The administrator of a defined contribution plan is required to provide a benefit statement to a participant or beneficiary who has the right to direct the investment of the assets in his or her account, at least quarterly, to any other participant or other beneficiary who has his or her own account under the plan, at least annually, and to other beneficiaries, upon written request, but limited to one request during any 12-month period. The administrator of a defined benefit plan is required either to furnish a benefit statement at least once every three years to each participant who has a vested accrued benefit under the plan and who is employed by the employer at the time the benefit statements are furnished to participants; or to furnish at least annually to each such participant notice of the availability of a benefit statement and the manner in which the participant can obtain it. The administrator of a defined benefit pension plan is also required to furnish a benefit statement to a participant or beneficiary upon written request, limited to one request during any 12–month period. Sec. 509. Notice to participants or beneficiaries of blackout periods TITLE VI--INVESTMENT FIDUCIARY RULES ADVICE, PROHIBITED TRANSACTIONS, AND Subtitle A--Investment Advice Sec. 601. Prohibited transaction exemption for provision of investment advice Adds a new category of prohibited transaction exemption under ERISA and the Code in connection with the provision of investment advice through an “eligible investment advice arrangement” to participants and beneficiaries of a defined contribution plan who direct the investment of their accounts under the plan and to beneficiaries of IRAs. If the requirements are met, the following are exempt from prohibited transaction treatment: (1) the provision of investment advice; (2) an investment transaction (i.e., a sale, acquisition, or holding of a security or other property) pursuant to the advice; and (3) the direct or indirect receipt of fees or other compensation in connection with the provision of the advice or an investment transaction pursuant to the advice. The prohibited transaction exemptions provided under the provision do not alter existing individual or class exemptions provided by statute or administrative action. Defines an “eligible investment advice arrangement” as an arrangement that meets certain requirements and either provides that any fees received by the fiduciary adviser for investment advice or with respect to an investment transaction with respect to plan assets do not vary depending on the basis of any investment option 7 selected, or uses a certified computer model in connection with the provision of investment advice given. In the case of an eligible investment advice arrangement with respect to a defined contribution plan, requires an annual independent audit of the arrangement for compliance with applicable requirements. The auditor must issue a report of the audit results to the fiduciary that authorized use of the arrangement. In the case of an eligible investment advice arrangement with respect to IRAs, an audit is required at such times and in such manner as prescribed by the Secretary of Labor. Directs the Secretary of Labor, in consultation with the Secretary of the Treasury, to determine, based on certain information to be solicited by the Secretary of Labor, whether there is any computer model investment advice program that meets the requirements of the provision and may be used by IRAs. Does not exempt the employer or a plan fiduciary from fiduciary responsibility under ERISA for the prudent selection and periodic review of a fiduciary adviser with whom the employer or plan fiduciary has arranged for the provision of investment advice. Subtitle B--Prohibited Transactions Sec. 611. Prohibited transaction rules relating to financial investments Provides prohibited transaction exemptions under ERISA and the Code for a purchase or sale of securities or other property (as determined by the Secretary of Labor) between a plan and a disqualified person (other than a fiduciary) involving a block trade if certain conditions are met. Sec. 612. Correction period for certain transactions involving securities and commodities Subtitle C--Fiduciary and Other Rules Sec. 621. Inapplicability of relief from fiduciary liability during suspension of ability of participant or beneficiary to direct investments Sec. 622. Increase in maximum bond amount Increases the maximum bond amount for plans which hold employer securities to $1,000,000. Sec. 623. Increase in penalties for coercive interference with exercise of ERISA rights Sec. 624. Treatment of investment of assets by plan where participant fails to exercise investment election In general, a participant in an individual account plan meeting the notice requirements shall be treated as exercising control over the assets in the account with respect to the amount of contributions and earnings which, in the absence of an investment election by the participant, are invested by the plan in accordance with regulations prescribed by the Secretary. 8 Sec. 625. Clarification of fiduciary rules TITLE VII--BENEFIT ACCRUAL STANDARDS Sec. 701. Benefit accrual standards In general, a plan is not treated as violating the prohibition on age discrimination under ERISA, the Code, and ADEA if a participant's accrued benefit, as determined as of any date under the terms of the plan, would be equal to or greater than that of any similarly situated, younger individual who is or could be a participant. Provides various rules for specific defined benefit plans, including conditions under which plans would not be treated as failing to meet the age discrimination requirements, special rules for conversions due to plan amendments adopted after June 29, 2005, and rules for making a determination of benefits upon plan termination for applicable defined benefit plans. Sec. 702. Regulations relating to mergers and acquisitions Requires the Secretary of the Treasury to prescribe regulations for the application of the amendments made by, and the provisions of, this title in cases where the conversion of a plan to an applicable defined benefit plan is made with respect to a group of employees who become employees by reason of a merger, acquisition, or similar transaction. TITLE VIII--PENSION RELATED REVENUE PROVISIONS Subtitle A--Deduction Limitations Sec. 801. Increase in deduction limit for single-employer plans Revises the maximum deductible amount for employer contributions under the Internal Revenue Code. Specifies formulas for calculating maximum deductible employer contributions for single-employer defined benefit pension plans. For taxable years beginning in 2006 and 2007, the maximum deductible amount is not less than the excess (if any) of 150 percent of the plan’s current liability, over the value of plan assets. For taxable years beginning after 2007, the maximum deductible amount is equal to the greater of the excess (if any) of the sum of the plan’s funding target, the plan’s target normal cost, and a cushion amount, as defined, for a plan year, over the value of plan assets (as determined under the minimum funding rules); and the minimum required contribution for the plan year. Sec. 802. Deduction limits for multiemployer plans Revises the maximum deductible amount for employer contributions under the Internal Revenue Code for multiemployer plans. For taxable years beginning after 2005, the maximum amount deductible for any taxable year shall not be less than the excess (if any) of 140% of the current liability of the plan over the value of the plan assets. Sec. 803. Updating deduction rules for combination of plans Subtitle B--Certain Pension Provisions Made Permanent 9 Sec. 811. Pensions and individual retirement arrangement provisions of Economic Growth and Tax Relief Reconciliation Act of 2001 made permanent Repeals the sunset provision of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) that raised the annual contribution limit for IRAs and other retirement accounts, provided for Roth 401(k) and 403(b) features, and simplified plan portability, plan design and administration (provisions were due to expires in 2010). Sec. 812. Saver’s Credit Makes permanent the Saver’s Credit under IRC section 25B. Also provides that an individual may direct that the amount of any refund attributable to the saver’s credit be directly deposited by the Federal government into an applicable retirement plan, meaning an IRA, qualified retirement plan, section 403(b) annuity, or governmental section 457 plan designated by the individual (if the plan or other arrangement agrees to accept such direct deposits). Subtitle C--Improvements in Portability, Distribution and Contribution Rules Sec. 821. Clarifications regarding purchase of permissive service credit Sec. 822. Allow rollover of after-tax amounts in annuity contracts Sec. 823. Clarification of minimum distribution rules for governmental plans Sec. 824. Allow direct rollovers from retirement plans to Roth IRAs Sec. 825. Eligibility for participation in retirement plans Sec. 826. Modifications of rules governing hardships and unforseen financial emergencies Sec. 827. Penalty-free withdrawals from retirement plans for individuals called to active duty for at least 179 days Sec. 828. Waiver of 10 percent early withdrawal penalty tax on certain distributions of pension plans for public safety employees Sec. 829. Allow rollovers by nonspouse beneficiaries of certain retirement plan distributions Sec. 830. Direct payment of tax refunds to individual retirement plans Sec. 831. Allowance of additional IRA payments in certain bankruptcy cases Sec. 832. Determination of average compensation for section 415 limits Sec. 833. Inflation indexing retirement savings incentives of gross 10 income limitations on certain Subtitle D--Health and Medical Benefits Sec. 841. Use of excess pension assets for future retiree health benefits and collectively bargained retiree health benefits If certain requirements are satisfied, permits transfers of excess pension assets under a single-employer plan to retiree medical accounts to fund the expected cost of retiree medical benefits for the current and future years. Sec. 842. Transfer of excess pension assets to multiemployer health plans Qualified future transfers and collectively bargained transfers can be made to the extent that plan assets exceed the greater of the accrued liability, or 120 percent of the current liability. Sec. 843. Allowance of reserve for medical benefits of plans sponsored by bona fide associations Sec. 844. Treatment of annuity and life insurance contracts with a long-term care insurance feature Sec. 845. Distributions from governmental retirement plans for health and long-term care insurance for public safety officers Subtitle E--United States Tax Court Modernization Sec. 851. annuities. Cost-of-living adjustments for Tax Court judicial survivor Sec. 852. Cost of life insurance coverage for Tax Court judges age 65 or over. Sec. 853. Participation of Tax Court judges in the Thrift Savings Plan. Sec. 854. Annuities to surviving spouses and dependent children of special trial judges of the Tax Court Sec. 855. Jurisdiction of Tax Court over collection due process cases. Sec. 856. Provisions for recall. Sec. 857. Authority for special trial judges to hear and decide certain employment status cases. Sec. 858. Confirmation of authority of Tax Court to apply doctrine of equitable equipment. Sec. 859. Tax Court filing fee in all cases commenced by filing petition. Sec. 860. Expanded use of Tax Court practice fee for pro se taxpayers. 11 Subtitle F--Other Provisions Sec. 861. Extension to all governmental plans of current moratorium on application of certain nondiscrimination rules applicable to State and local plans Sec. 862. Elimination of aggregate limit for usage of excess funds from black lung disability trusts Sec. 863. Treatment of death benefits from corporate-owned life insurance Sec. 864. Treatment of test room supervisors and proctors who assist in the administration of college entrance and placement exams Sec. 865. Grandfather rule for church plans which self-annuitize Sec. 866. Exemption for income from leveraged real estate held by church plans Sec. 867. Church plan rule Sec. 868. Gratuitous transfer for benefits of employees TITLE IX--INCREASE IN PENSION PLAN DIVERSIFICATION AND PARTICIPATION AND OTHER PENSION PROVISIONS Sec. 901. Defined contribution plans required to provide employees with freedom to invest their plan assets Requires certain defined contribution plans to provide diversification rights with respect to amounts invested in employer securities in order to satisfy the plan qualification requirements of the Code and the vesting requirements of ERISA. States what types of plans are applicable and the specific investment rules to which they must adhere. Certain ESOPs are exempted from this requirement. Sec. 902. Increasing participation through automatic contribution arrangements States that a 401(k) plan that contains an automatic enrollment feature that satisfies certain requirements (a “qualified automatic enrollment feature”) is treated as meeting the ADP test with respect to elective deferrals and the ACP test with respect to matching contributions. In addition, a plan consisting solely of contributions made pursuant to a qualified automatic enrollment feature is not subject to the top-heavy rules. Establishes rules in regards to the allowable automatic deferral contribution, matching or nonelective contribution required, vesting, required participant notice, corrective distributions and excess contributions under these plans. Sec. 903. Treatment of eligible combined defined benefit plans and qualified cash or deferred arrangements Provides rules for an “eligible combined plan.” An eligible combined plan is a plan that is maintained by an employer that is a small employer at the time the plan is established; consists of a defined benefit plan and an “applicable” defined contribution plan; the assets of which are held in a single trust forming part of the 12 plan and are clearly identified and allocated to the defined benefit plan and the applicable defined contribution plan to the extent necessary for the separate application of the Code and ERISA; and that meets certain benefit, contribution, vesting and non discrimination requirements. A small employer is defined as an employer that employed an average of at least two, but not more than 500, employees on business days during the preceding calendar year and at least two employees on the first day of the plan year. Sec. 904. Faster vesting of employer nonelective contributions Applies the present-law vesting schedule for matching contributions to all employer contributions to defined contribution plans. Sec. 905. Distributions during working retirement Sec. 906. Treatment of certain pension plans of Indian tribal governments TITLE X--PROVISIONS RELATING TO SPOUSAL PENSION PROTECTION Sec. 1001. Regulations on time and order of issuance of domestic relations orders. Sec. 1002. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee. Sec. 1003. Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. Sec. 1004. Requirement for additional survivor annuity option. TITLE XI--ADMINISTRATIVE PROVISIONS Sec. 1101. Employee plans compliance resolution system Sec. 1102. Notice and consent period regarding distributions Sec. 1103. Reporting simplification The Secretary of the Treasury is directed to modify the annual return filing requirements with respect to a one-participant plan to provide that if the total value of the plan assets of such a plan as of the end of the plan year does not exceed $250,000, the plan administrator is not required to file a return. – The Secretary of the Treasury and the Secretary of Labor are directed to provide simplified reporting requirements for plan years beginning after December 31, 2006, for certain plans with fewer than 25 participants Sec. 1104. Voluntary early retirement incentive and employment retention plans maintained by local educational agencies and other entities 13 Sec. 1105. No reduction in unemployment compensation as a result of pension rollovers Sec. 1106. Revocation of election relating to treatment as multiemployer plan Sec. 1107. Provisions relating to plan amendments TITLE XII—PROVISIONS RELATING TO EXEMPT ORGANIZATIONS TITLE XIII—OTHER PROVISIONS TITLE XIV—TARIFF PROVISIONS Disclaimer: Although the information included in the document may concern legal issues, it is not legal, accounting, or other professional advice. We make no warranty or guarantee of the accuracy or reliability of the information. We assume no responsibility or liability of any kind for any information contained herein, and we expressly disclaim all liability for any claim for damages arising from the use, reference to, or reliance on, such information. If legal or other expert assistance is required, the services of a competent professional should be sought. For more information about the AICPA Employee Benefit Plan Audit Quality Center, visit the Center’s website at http://www.aicpa.org/ebpaqc. Copyright © 2006 by the American Institute of Certified Public Accountants, Inc., New York, New York. 14