Vested Employee Pension Benefit Protection Act

“(36) Distributions during working retirement

“(A) In general—A trust forming part of a pension plan shall not be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution may be made from such trust to an employee who has attained age 62 and who is not separated from employment at the time of such distribution.

“(B) Certain employees in the building and construction industry—Subparagraph (A) shall be applied by substituting “age 55” for “age 62” in the case of a multiemployer plan described in section 4203(b)(1)(B)(i) of the Employee Retirement Income Security Act of 1974, with respect to individuals who were participants in such plan on or before April 30, 2013, if—

“(i) the trust to which subparagraph (A) applies was in existence before January 1, 1970, and

“(ii) before December 31, 2011, at a time when the plan provided that distributions may be made to an employee who has attained age 55 and who is not separated from employment at the time of such distribution, the plan received at least 1 written determination from the Internal Revenue Service that the trust to which subparagraph (A) applies constituted a qualified trust under this section.”