[Congressional Record Volume 152, Number 50 (Tuesday, May 2, 2006)]
[House]
[Page H1952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


ANNOUNCEMENT OF INTENTION TO OFFER MOTION TO INSTRUCT CONFEREES ON H.R. 
                  2830, PENSION PROTECTION ACT OF 2005

  Mr. GEORGE MILLER of California. Mr. Speaker, under rule XXII, clause 
7(c), I hereby announce my intention to offer a motion to instruct on 
H.R. 2830, the pension conference report.
  The form of the motion is as follows:
       I move that the managers on the part of the House at the 
     conference on the disagreeing votes of the two Houses on the 
     Senate amendment to the bill H.R. 2830 be instructed to 
     recede to the provisions contained in the Senate amendment 
     regarding restrictions on funding of nonqualified deferred 
     compensation plans, except that--
       (1) to the maximum extent possible within the scope of the 
     conference, the managers on the part of the House shall 
     insist that the restrictions under the bill as reported from 
     conference regarding executive compensation, including under 
     nonqualified plans, be the same as restrictions under the 
     bill regarding benefits for workers and retirees under 
     qualified pension plans,
       (2) the managers on the part of the House shall insist that 
     the definition of ``covered employee'' for purposes of such 
     provisions contained in the Senate amendment include the 
     chief executive officer of the plan sponsor, any other 
     employee of the plan sponsor who is a ``covered employee'' 
     within the meaning of such term specified in the provisions 
     contained in the Senate amendment (applied by disregarding 
     the chief executive officer), and any other individual who 
     is, with respect to the plan sponsor, an officer or employee 
     within the meaning of section 16(b) of the Securities 
     Exchange Act of 1934, and
       (3) in lieu of the effective date specified in such 
     provisions contained in the Senate amendment, the managers on 
     the part of the House shall insist on the effective date 
     specified in the provisions of the bill as passed the House 
     relating to treatment of nonqualified deferred compensation 
     plans when the employer's defined benefit plan is in at-risk 
     status.

                          ____________________