community newspaper plan

(5) Community newspaper plan For purposes of this subsection— (A) In general The term “community newspaper plan” means a plan to which this section applies maintained as of December 31, 2018 , by an employer which— (i) maintains the plan on behalf of participants and beneficiaries with respect to employment in the trade or business of publishing 1 or more newspapers which were published by the employer at any time during the 11-year period ending on December 20, 2019 , (ii) (I) is not a company the stock of which is publicly traded (on a stock exchange or in an over-the-counter market), and is not controlled, directly or indirectly, by such a company, or (II) is controlled, directly, or indirectly, during the entire 30-year period ending on December 20, 2019 , by individuals who are members of the same family, and does not publish or distribute a daily newspaper that is carrier-distributed in printed form in more than 5 States, and (iii) is controlled, directly, or indirectly— (I) by 1 or more persons residing primarily in a State in which the community newspaper has been published on newsprint or carrier-distributed, (II) during the entire 30-year period ending on December 20, 2019 , by individuals who are members of the same family, (III) by 1 or more trusts, the sole trustees of which are persons described in subclause (I) or (II), or (IV) by a combination of persons described in subclause (I), (II), or (III). (B) Newspaper The term “newspaper” does not include any newspaper (determined without regard to this subparagraph) to which any of the following apply: (i) Is not in general circulation. (ii) Is published (on newsprint or electronically) less frequently than 3 times per week. (iii) Has not ever been regularly published on newsprint. (iv) Does not have a bona fide list of paid subscribers. (C) Control A person shall be treated as controlled by another person if such other person possesses, directly or indirectly, the power to direct or cause the direction and management of such person (including the power to elect a majority of the members of the board of directors of such person) through the ownership of voting securities.

Source

29 USC § 1083(m)(5)


Scoping language

For purposes of this subsection
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