affected air carrier

(14) in the case of a single-employer plan— (A) “controlled group” means, in connection with any person, a group consisting of such person and all other persons under common control with such person; (B) the determination of whether two or more persons are under “common control” shall be made under regulations of the corporation which are consistent and coextensive with regulations prescribed for similar purposes by the Secretary of the Treasury under subsections (b) and (c) of section 414 of title 26 ; and (C) (i) notwithstanding any other provision of this subchapter, during any period in which an individual possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of an affected air carrier of which he was an accountable owner, whether through the ownership of voting securities, by contract, or otherwise, the affected air carrier shall be considered to be under common control not only with those persons described in subparagraph (B), but also with all related persons; and (ii) for purposes of this subparagraph, the term— (I) “affected air carrier” means an air carrier, as defined in section 40102(a)(2) of title 49 , that holds a certificate of public convenience and necessity under section 41102 of title 49 for route number 147, as of November 12, 1991 ; (II) “related person” means any person which was under common control (as determined under subparagraph (B)) with an affected air carrier on October 10, 1991 , or any successor to such related person; (III) “accountable owner” means any individual who on October 10, 1991 , owned directly or indirectly through the application of section 318 of title 26 more than 50 percent of the total voting power of the stock of an affected air carrier; (IV) “successor” means any person that acquires, directly or indirectly through the application of section 318 of title 26 , more than 50 percent of the total voting power of the stock of a related person, more than 50 percent of the total value of the securities (as defined in section 1002(20) of this title ) of the related person, more than 50 percent of the total value of the assets of the related person, or any person into which such related person shall be merged or consolidated; and (V) “individual” means a living human being;

Source

29 USC § 1301(a)(14)


Scoping language

for purposes of this subparagraph
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