[Congressional Record Volume 152, Number 98 (Monday, July 24, 2006)]
[House]
[Page H5650]
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--
       (1) to agree to the provisions contained in subsections (a) 
     through (d) of section 601 of the Senate amendment (relating 
     to prospective application of age discrimination, conversion, 
     and present value assumption rules with respect to cash 
     balance and other hybrid defined benefit plans) and not to 
     agree with the provisions contained in title VII of the bill 
     as passed the House (relating to benefit accrual standards);
       (2) to agree to the provisions contained in section 413 of 
     the Senate amendment (relating to computation of guaranteed 
     benefits of airline pilots required to separate from service 
     prior to attaining age 65), but only with respect to plan 
     terminations occurring after September 11, 2001;
       (3) to agree to the provisions contained in section 403 of 
     the Senate amendment (relating to special funding rules for 
     plans maintained by commercial airlines that are amended to 
     cease future benefit accruals);
       (4) to agree to the provisions contained in section 402 of 
     the Senate amendment (relating to authority to enter 
     alternative funding agreements to prevent plan terminations); 
     and
       (5) to recede to the provisions contained in the Senate 
     amendment regarding restrictions on funding of nonqualified 
     deferred compensation plans, except that--
       (A) 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,
       (B) 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
       (C) 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.

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