community newspaper

(4) 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 by an employer which, as of December 31, 2017 — (i) publishes and distributes daily, either electronically or in printed form— (I) a community newspaper, or (II) 1 or more community newspapers in the same State, (ii) 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, (iii) is controlled, directly or indirectly— (I) by 1 or more persons residing primarily in the State in which the community newspaper is published, (II) for not less than 30 years by individuals who are members of the same family, (III) by a trust created or organized in the State in which the community newspaper is published, the sole trustees of which are persons described in subclause (I) or (II), (IV) by an entity which is described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of title 26 , which is organized and operated in the State in which the community newspaper is published, and the primary purpose of which is to benefit communities in such State, or (V) by a combination of persons described in subclause (I), (III), or (IV), and (iv) does not control, directly or indirectly, any newspaper in any other State. (B) Community newspaper The term “community newspaper” means a newspaper which primarily serves a metropolitan statistical area, as determined by the Office of Management and Budget, with a population of not less than 100,000. (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)(4)


Scoping language

For purposes of this subsection
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