Enforcement. Any form of security provided under paragraph (f)(3)(i) of this section must provide
(A) That it will be paid to the plan upon the earliest of—
(1) The plan termination date as defined in section 4048 of ERISA;
(2) If there is a failure to make a payment of the minimum required contribution for any plan year beginning after the security is provided, the due date for the payment under section 430(j)(1) or 430(j)(3); or
(3) If the plan's adjusted funding target attainment percentage is less than 60 percent (without regard to any security provided under this paragraph (f)(3)) for a consecutive period of 7 plan years, the valuation date for the last plan year in the 7-year period; and
(B) That the plan administrator must notify the surety, bank, or insurance company that issued or holds the security of any event described in paragraph (f)(3)(iii)(A) of this section within 10 days of its occurrence.


26 CFR § 1.436-1

Scoping language

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