recovery ratio

(3) (A) In general .— Except as provided in subparagraph (C), the term “recovery ratio” means the ratio which— (i) the sum of the values of all recoveries under section 1362 , 1363 , or 1364 of this title , determined by the corporation in connection with plan terminations described under subparagraph (B), bears to (ii) the sum of all unfunded benefit liabilities under such plans as of the termination date in connection with any such prior termination. (B) A plan termination described in this subparagraph is a termination with respect to which— (i) the corporation has determined the value of recoveries under section 1362 , 1363 , or 1364 of this title , and (ii) notices of intent to terminate were provided (or in the case of a termination by the corporation, a notice of determination under section 1342 of this title was issued) during the 5-Federal fiscal year period ending with the third fiscal year preceding the fiscal year in which occurs the date of the notice of intent to terminate (or the notice of determination under section 1342 of this title ) with respect to the plan termination for which the recovery ratio is being determined. (C) In the case of a terminated plan with respect to which the outstanding amount of benefit liabilities exceeds $20,000,000, for purposes of this section, the term “recovery ratio” means, with respect to the termination of such plan, the ratio of— (i) the value of the recoveries of the corporation under section 1362 , 1363 , or 1364 of this title in connection with such plan, to (ii) the amount of unfunded benefit liabilities under such plan as of the termination date.

Source

29 USC § 1322(c)(3)


Scoping language

in this subparagraph
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