text:
Title 29. LABOR
Chapter 18. EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
Subchapter III. PLAN TERMINATION INSURANCE
Subtitle D. Liability
Section 1362. Liability for termination of single-employer plans under a distress termination or a termination by corporation
29 U.S. Code § 1362. Liability for termination of single-employer plans under a distress termination or a termination by corporation
(a) In generalIn any case in which a single-employer plan is terminated in a distress termination under section 1341(c) of this title or a termination otherwise instituted by the corporation under section 1342 of this title, any person who is, on the termination date, a contributing sponsor of the plan or a member of such a contributing sponsor's controlled group shall incur liability under this section. The liability under this section of all such persons shall be joint and several. The liability under this section consists of—
liability to the corporation, to the extent provided in subsection (b), and
liability to the trustee appointed under subsection (b) or (c) of section 1342 of this title, to the extent provided in subsection (c).
(b) Liability to corporation
(1) Amount of liability
Except as provided in subparagraph (B), the liability to the corporation of a person described in subsection (a) shall be the total amount of the unfunded benefit liabilities (as of the termination date) to all participants and beneficiaries under the plan, together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation.
(B) Special rule in case of subsequent insufficiency
For purposes of subparagraph (A), in any case described in section 1341(c)(3)(C)(ii) of this title, actuarial present values shall be determined as of the date of the notice to the corporation (or the finding by the corporation) described in such section.
(2) Payment of liability
Except as provided in subparagraph (B), the liability to the corporation under this subsection shall be due and payable to the corporation as of the termination date, in cash or securities acceptable to the corporation.
(B) Special rule
Payment of so much of the liability under paragraph (1)(A) as exceeds 30 percent of the collective net worth of all persons described in subsection (a) (including interest) shall be made under commercially reasonable terms prescribed by the corporation. The parties involved shall make a reasonable effort to reach agreement on such commercially reasonable terms. Any such terms prescribed by the corporation shall provide for deferral of 50 percent of any amount of liability otherwise payable for any year under this subparagraph if a person subject to such liability demonstrates to the satisfaction of the corporation that no person subject to such liability has any individual pre-tax profits for such person's fiscal year ending during such year.
(3) Alternative arrangements
The corporation and any person liable under this section may agree to alternative arrangements for the satisfaction of liability to the corporation under this subsection.
(c) Liability to section 1342 trusteeA person described in subsection (a) shall be subject to liability under this subsection to the trustee appointed under subsection (b) or (c) of section 1342 of this title. The liability of such person under this subsection shall consist of—
the sum of the shortfall amortization charge (within the meaning of section 1083(c)(1) of this title and 430(d)(1) [1] of title 26) with respect to the plan (if any) for the plan year in which the termination date occurs, plus the aggregate total of shortfall amortization installments (if any) determined for succeeding plan years under section 1083(c)(2) of this title and section 430(d)(2) of title 26 (which, for purposes of this subparagraph, shall include any increase in such sum which would result if all applications for waivers of the minimum funding standard under section 1082(c) of this title and section 412(c) of title 26 which are pending with respect to such plan were denied and if no additional contributions (other than those already made by the termination date) were made for the plan year in which the termination date occurs or for any previous plan year), and
the sum of the waiver amortization charge (within the meaning of section 1083(e)(1) of this title and 430(e)(1) 1 of title 26) with respect to the plan (if any) for the plan year in which the termination date occurs, plus the aggregate total of waiver amortization installments (if any) determined for succeeding plan years under section 1083(e)(2) of this title and section 430(e)(2) of title 26,
together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation. The liability under this subsection shall be due and payable to such trustee as of the termination date, in cash or securities acceptable to such trustee.
(d) Definitions
(1) Collective net worth of persons subject to liability
(A) In generalThe collective net worth of persons subject to liability in connection with a plan termination consists of the sum of the individual net worths of all persons who—
have individual net worths which are greater than zero, and
are (as of the termination date) contributing sponsors of the terminated plan or members of their controlled groups.
(B) Determination of net worthFor purposes of this paragraph, the net worth of a person is—
determined on whatever basis best reflects, in the determination of the corporation, the current status of the person's operations and prospects at the time chosen for determining the net worth of the person, and
increased by the amount of any transfers of assets made by the person which are determined by the corporation to be improper under the circumstances, including any such transfers which would be inappropriate under title 11 if the person were a debtor in a case under chapter 7 of such title.
(C) Timing of determination
For purposes of this paragraph, determinations of net worth shall be made as of a day chosen by the corporation (during the 120-day period ending with the termination date) and shall be computed without regard to any liability under this section.
(2) Pre-tax profitsThe term "pre-tax profits" means—
except as provided in subparagraph (B), for any fiscal year of any person, such person's consolidated net income (excluding any extraordinary charges to income and including any extraordinary credits to income) for such fiscal year, as shown on audited financial statements prepared in accordance with generally accepted accounting principles, or
for any fiscal year of an organization described in section 501(c) of title 26, the excess of income over expenses (as such terms are defined for such organizations under generally accepted accounting principles),
before provision for or deduction of Federal or other income tax, any contribution to any single-employer plan of which such person is a contributing sponsor at any time during the period beginning on the termination date and ending with the end of such fiscal year, and any amounts required to be paid for such fiscal year under this section. The corporation may by regulation require such information to be filed on such forms as may be necessary to determine the existence and amount of such pre-tax profits.
(e) Treatment of substantial cessation of operations
(1) General rule
Except as provided in paragraphs (3) and (4), if there is a substantial cessation of operations at a facility in any location, the employer shall be treated with respect to any single employer plan established and maintained by the employer covering participants at such facility as if the employer were a substantial employer under a plan under which more than one employer makes contributions and the provisions of sections 1363, 1364, and 1365 of this title shall apply.
(2) Substantial cessation of operationsFor purposes of this subsection:
(A) In generalThe term "substantial cessation of operations" means a permanent cessation of operations at a facility which results in a workforce reduction of a number of eligible employees at the facility equivalent to more than 15 percent of the number of all eligible employees of the employer, determined immediately before the earlier of—
the date of the employer's decision to implement such cessation, or
in the case of a workforce reduction which includes 1 or more eligible employees described in paragraph (6)(B), the earliest date on which any such eligible employee was separated from employment.
(B) Workforce reduction
Subject to subparagraphs (C) and (D), the term "workforce reduction" means the number of eligible employees at a facility who are separated from employment by reason of the permanent cessation of operations of the employer at the facility.
(C) Relocation of workforce
An eligible employee separated from employment at a facility shall not be taken into account in computing a workforce reduction if, within a reasonable period of time, the employee is replaced by the employer, at the same or another facility located in the United States, by an employee who is a citizen or resident of the United States.
(D) DispositionsIf, whether by reason of a sale or other disposition of the assets or stock of a contributing sponsor (or any member of the same controlled group as such a sponsor) of the plan relating to operations at a facility or otherwise, an employer (the "transferee employer") other than the employer which experiences the substantial cessation of operations (the "transferor employer") conducts any portion of such operations, then—
(i) an eligible employee separated from employment with the transferor employer at the facility shall not be taken into account in computing a workforce reduction if—
within a reasonable period of time, the employee is replaced by the transferee employer by an employee who is a citizen or resident of the United States; and
in the case of an eligible employee who is a participant in a single employer plan maintained by the transferor employer, the transferee employer, within a reasonable period of time, maintains a single employer plan which includes the assets and liabilities attributable to the accrued benefit of the eligible employee at the time of separation from employment with the transferor employer; and
(ii) an eligible employee who continues to be employed at the facility by the transferee employer shall not be taken into account in computing a workforce reduction if—
the eligible employee is not a participant in a single employer plan maintained by the transferor employer, or
in any other case, the transferee employer, within a reasonable period of time, maintains a single employer plan which includes the assets and liabilities attributable to the accrued benefit of the eligible employee at the time of separation from employment with the transferor employer.
(3) Exemption for plans with limited underfundingParagraph (1) shall not apply with respect to a single employer plan if, for the plan year preceding the plan year in which the cessation occurred—
there were fewer than 100 participants with accrued benefits under the plan as of the valuation date of the plan for the plan year (as determined under section 1083(g)(2) of this title); or
the ratio of the market value of the assets of the plan to the funding target of the plan for the plan year was 90 percent or greater.
(4) Election to make additional contributions to satisfy liability
(A) In generalAn employer may elect to satisfy the employer's liability with respect to a plan by reason of paragraph (1) by making additional contributions to the plan in the amount determined under subparagraph (B) for each plan year in the 7-plan-year period beginning with the plan year in which the cessation occurred. Any such additional contribution for a plan year shall be in addition to any minimum required contribution under section 1083 of this title for such plan year and shall be paid not later than the earlier of—
the due date for the minimum required contribution for such year under section 1083(j) of this title; or
in the case of the first such contribution, the date that is 1 year after the date on which the employer notifies the Corporation of the substantial cessation of operations or the date the Corporation determines a substantial cessation of operations has occurred, and in the case of subsequent contributions, the same date in each succeeding year.
(B) Amount determined
(i) In generalExcept as provided in clause (iii), the amount determined under this subparagraph with respect to each plan year in the 7-plan-year period is the product of—
⅐ of the unfunded vested benefits determined under section 1306(a)(3)(E) of this title as of the valuation date of the plan (as determined under section 1083(g)(2) of this title) for the plan year preceding the plan year in which the cessation occurred; and
the reduction fraction.
(ii) Reduction fractionFor purposes of clause (i), the reduction fraction of a single employer plan is equal to—
the number of participants with accrued benefits in the plan who were included in computing the workforce reduction under paragraph (2)(B) as a result of the cessation of operations at the facility; divided by
the number of eligible employees of the employer who are participants with accrued benefits in the plan, determined as of the same date the determination under paragraph (2)(A) is made.
(iii) LimitationThe additional contribution under this subparagraph for any plan year shall not exceed the excess, if any, of—
25 percent of the difference between the market value of the assets of the plan and the funding target of the plan for the preceding plan year; over
the minimum required contribution under section 1083 of this title for the plan year.
(C) Permitted cessation of annual installments when plan becomes sufficiently fundedAn employer's obligation to make additional contributions under this paragraph shall not apply to—
the first plan year (beginning on or after the first day of the plan year in which the cessation occurs) for which the ratio of the market value of the assets of the plan to the funding target of the plan for the plan year is 90 percent or greater, or
any plan year following such first plan year.
(D) Coordination with funding waivers
(i) In general
If the Secretary of the Treasury issues a funding waiver under section 1082(c) of this title with respect to the plan for a plan year in the 7-plan-year period under subparagraph (A), the additional contribution with respect to such plan year shall be permanently waived.
(ii) Notice
An employer maintaining a plan with respect to which such a funding waiver has been issued or a request for such a funding waiver is pending shall provide notice to the Secretary of the Treasury, in such form and at such time as the Secretary of the Treasury shall provide, of a cessation of operations to which paragraph (1) applies.
(E) Enforcement
(i) NoticeAn employer making the election under this paragraph shall provide notice to the Corporation, in accordance with rules prescribed by the Corporation, of—
such election, not later than 30 days after the earlier of the date the employer notifies the Corporation of the substantial cessation of operations or the date the Corporation determines a substantial cessation of operations has occurred;
the payment of each additional contribution, not later than 10 days after such payment;
any failure to pay the additional contribution in the full amount for any year in the 7-plan-year period, not later than 10 days after the due date for such payment;
the waiver under subparagraph (D)(i) of the obligation to make an additional contribution for any year, not later than 30 days after the funding waiver described in such subparagraph is granted; and
the cessation of any obligation to make additional contributions under subparagraph (C), not later than 10 days after the due date for payment of the additional contribution for the first plan year to which such cessation applies.
(ii) Acceleration of liability to the plan for failure to pay
If an employer fails to pay the additional contribution in the full amount for any year in the 7-plan-year period by the due date for such payment, the employer shall, as of such date, be liable to the plan in an amount equal to the balance which remains unpaid as of such date of the aggregate amount of additional contributions required to be paid by the employer during such 7-year-plan period. The Corporation may waive or settle the liability described in the preceding sentence, at the discretion of the Corporation.
(iii) Civil action
The Corporation may bring a civil action in the district courts of the United States in accordance with section 1303(e) of this title to compel an employer making such election to pay the additional contributions required under this paragraph.
(5) DefinitionsFor purposes of this subsection:
(A) Eligible employee
The term "eligible employee" means an employee who is eligible to participate in an employee pension benefit plan (as defined in section 1002(2) of this title) established and maintained by the employer.
(B) Funding target
The term "funding target" means, with respect to any plan year, the funding target as determined under section 1306(a)(3)(E)(iii)(I) of this title for purposes of determining the premium paid to the Corporation under section 1307 of this title for the plan year.
(C) Market value
The market value of the assets of a plan shall be determined in the same manner as for purposes of section 1306(a)(3)(E) of this title.
(6) Special rules
(A) Change in operation of certain facilities and property
For purposes of paragraphs (1) and (2), an employer shall not be treated as ceasing operations at a qualified lodging facility (as defined in section 856(d)(9)(D) of title 26) if such operations are continued by an eligible independent contractor (as defined in section 856(d)(9)(A) of such title) pursuant to an agreement with the employer.
(B) Aggregation of prior separationsThe workforce reduction under paragraph (2) with respect to any cessation of operations shall be determined by taking into account any separation from employment of any eligible employee at the facility (other than a separation which is not taken into account as workforce reduction by reason of subparagraph (C) or (D) of paragraph (2)) which—
is related to the permanent cessation of operations of the employer at the facility, and
occurs during the 3-year period preceding such cessation.
(C) No addition to prefunding balance
For purposes of section 1083(f)(6)(B) of this title and section 430(f)(6)(B) of title 26, any additional contribution made under paragraph (4) shall be treated in the same manner as a contribution an employer is required to make in order to avoid a benefit reduction under paragraph (1), (2), or (4) of section 1056(g) of this title or subsection (b), (c), or (e) of section 436 of title 26 for the plan year.
(Pub. L. 93–406, title IV, § 4062, Sept. 2, 1974, 88 Stat. 1029; Pub. L. 95–598, title III, § 321(b), Nov. 6, 1978, 92 Stat. 2678; Pub. L. 96–364, title IV, § 403(g), Sept. 26, 1980, 94 Stat. 1301; Pub. L. 99–272, title XI, § 11011(a), (b), Apr. 7, 1986, 100 Stat. 253, 257; Pub. L. 100–203, title IX, § 9312(b)(1), (2)(A), (B)(ii), Dec. 22, 1987, 101 Stat. 1330–361; Pub. L. 101–239, title VII, §§ 7881(f)(2), (10)(A), (B), 7891(a)(1), Dec. 19, 1989, 103 Stat. 2440, 2441, 2445; Pub. L. 109–280, title I, § 108(b)(4), formerly § 107(b)(4), Aug. 17, 2006, 120 Stat. 819, renumbered Pub. L. 111–192, title II, § 202(a), June 25, 2010, 124 Stat. 1297; amended Pub. L. 113–235, div. P, § 1(a), Dec. 16, 2014, 128 Stat. 2822.)
2014—Subsec. (e). Pub. L. 113–235 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to treatment of substantial cessation of operations.
2006—Subsec. (c)(1) to (3). Pub. L. 109–280 added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:
"(1) the outstanding balance of the accumulated funding deficiencies (within the meaning of section 1082(a)(2) of this title and section 412(a) of title 26) of the plan (if any) (which, for purposes of this subparagraph, shall include the amount of any increase in such accumulated funding deficiencies of the plan which would result if all pending applications for waivers of the minimum funding standard under section 1083 of this title or section 412(d) of title 26 and for extensions of the amortization period under section 1084 of this title or section 412(e) of title 26 with respect to such plan were denied and if no additional contributions (other than those already made by the termination date) were made for the plan year in which the termination date occurs or for any previous plan year),
"(2) the outstanding balance of the amount of waived funding deficiencies of the plan waived before such date under section 1083 of this title or section 412(d) of title 26 (if any), and
"(3) the outstanding balance of the amount of decreases in the minimum funding standard allowed before such date under section 1084 of this title or section 412(e) of title 26 (if any),".
1989—Subsec. (a). Pub. L. 101–239, § 7881(f)(2), inserted "and" at end of par. (1), redesignated par. (3) as (2), substituted "subsection (c)" for "subsection (d)", and struck out former par. (2) which read as follows: "liability to the trust established pursuant to section 1341(c)(3)(B)(ii) or (iii) of this title or section 1342(i) of this title, to the extent provided in subsection (c), and".
Subsec. (b)(2)(B). Pub. L. 101–239, § 7881(f)(10)(A), substituted "so much of the liability under paragraph (1)(A) as exceeds 30 percent of the collective net worth of all persons described in subsection (a) (including interest)" for "the liability under paragraph (1)(A)(ii)".
Subsecs. (c)(1), (d)(2)(B). Pub. L. 101–239, § 7891(a)(1), substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
Subsec. (d)(3). Pub. L. 101–239, § 7881(f)(10)(B), amended Pub. L. 100–203, § 9312(b)(2)(B)(ii), see 1987 Amendment note below.
1987—Subsec. (b)(1)(A). Pub. L. 100–203, § 9312(b)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Except as provided in subparagraph (B), the liability to the corporation of a person described in subsection (a) shall consist of the sum of—
"(i) the lesser of—
"(I) the total amount of unfunded guaranteed benefits (as of the termination date) of all participants and beneficiaries under the plan, or
"(II) 30 percent of the collective net worth of all persons described in subsection (a),
"(I) 75 percent of the amount described in clause (i)(I), over
"(II) the amount described in clause (i)(II),
together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation."
Subsec. (c). Pub. L. 100–203, § 9312(b)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to liability to section 1349 trust.
Subsec. (d). Pub. L. 100–203, § 9312(b)(1)(B), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (d)(3). Pub. L. 100–203, § 9312(b)(2)(B)(ii), as amended by Pub. L. 101–239, § 7881(f)(10)(B), struck out par. (3) which read as follows: "The liability payment years in connection with a terminated plan consist of the consecutive one-year periods following the last plan year preceding the termination date, excluding the first such year in any case in which the first such year ends less than 180 days after the termination date."
Subsecs. (e), (f). Pub. L. 100–203, § 9312(b)(1)(B), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
1986—Pub. L. 99–272, § 11011(a)(2), substituted "Liability for termination of single-employer plans under a distress termination or a termination by the corporation" for "Liability of employer" in section catchline.
Subsec. (a). Pub. L. 99–272, § 11011(a)(2), added subsec. (a) specifying persons liable and the nature and extent of liability and struck out former subsec. (a) specifying employers covered.
Subsec. (b). Pub. L. 99–272, § 11011(a)(2), added subsec. (b) relating to liability to corporation and struck out former subsec. (b) relating to amount of liability.
Subsec. (c). Pub. L. 99–272, § 11011(a)(2), added subsec. (c) relating to liability to section 1349 trust and struck out former subsec. (c) relating to method of determining net worth of employer.
Subsec. (d). Pub. L. 99–272, § 11011(a)(2), added subsec. (d) relating to liability to section 1342 trustee and struck out former subsec. (d) relating to corporate reorganizations.
Subsec. (e). Pub. L. 99–272, § 11011(a), added subsec. (e) and redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 99–272, § 11011(a)(1), (b), redesignated former subsec. (e) as (f), and substituted in heading "Treatment of substantial cessation of operations" for "Cessation of operations at one facility".
1980—Subsec. (a). Pub. L. 96–364 substituted "single-employee plan" for "plan (other than a multiemployer plan)".
1978—Subsec. (c)(2). Pub. L. 95–598 substituted "title 11" and "a debtor in a case under chapter 7 of such title" for "the Bankruptcy Act" and "the subject of a proceeding under that Act", respectively.
Pub. L. 113–235, div. P, § 1(b), Dec. 16, 2014, 128 Stat. 2826, provided that:
"(1) In general.—
The amendment made by this section [amending this section] shall apply to a cessation of operations or other event at a facility occurring on or after the date of enactment of this Act [Dec. 16, 2014].
"(2) Transition rule.—
An employer that had a cessation of operations before the date of enactment of this Act [Dec. 16, 2014] (as determined under subsection 4062(e) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1362(e)] as in effect before the amendment made by this section), but did not enter into an arrangement with the Pension Benefit Guaranty Corporation to satisfy the requirements of such subsection (as so in effect) before such date of enactment, shall be permitted to make the election under section 4062(e)(4) of such Act (as in effect after the amendment made by this section) as if such cessation had occurred on such date of enactment. Such election shall be made not later than 30 days after such Corporation issues, on or after such date of the enactment, a final administrative determination that a substantial cessation of operations has occurred."
Amendment by Pub. L. 109–280 applicable to plan years beginning after 2007, see section 108(e) of Pub. L. 109–280, set out as a note under section 1021 of this title.
Amendment by section 7881(f)(2), (10)(A), (B) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code.
Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title.
Amendment by Pub. L. 100–203 applicable with respect to plan terminations under section 1341 of this title with respect to which notices of intent to terminate are provided under section 1341(a)(2) of this title after Dec. 17, 1987, and plan terminations with respect to which proceedings are instituted by the Pension Benefit Guaranty Corporation under section 1342 of this title after that date, see section 9312(d)(1) of Pub. L. 100–203, as amended, set out as a note under section 1301 of this title.
Amendment by Pub. L. 99–272 effective Jan. 1, 1986, with certain exceptions, see section 11019 of Pub. L. 99–272, set out as a note under section 1341 of this title.
Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.
Direction to the Pension Benefit Guaranty Corporation
Pub. L. 113–235, div. P, § 1(c), Dec. 16, 2014, 128 Stat. 2827, provided that:
"The Pension Benefit Guaranty Corporation shall not take any enforcement, administrative, or other action pursuant to section 4062(e) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1362(e)], or in connection with an agreement settling liability arising under such section, that is inconsistent with the amendment made by this section [amending this section], without regard to whether the action relates to a cessation or other event that occurs before, on, or after the date of the enactment of this Act [Dec. 16, 2014], unless such action is in connection with a settlement agreement that is in place before June 1, 2014. The Pension Benefit Guaranty Corporation shall not initiate a new enforcement action with respect to section 4062(e) of such Act that is inconsistent with its enforcement policy in effect on June 1, 2014."
Applicability of Amendments by Subtitles A and B of Title I of Pub. L. 109–280
For special rules on applicability of amendments by subtitles A (§§ 101–108) and B (§§ 111–116) of title I of Pub. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Pub. L. 109–280, set out as notes under section 401 of Title 26, Internal Revenue Code.
Special Delayed Payment Rule
Pub. L. 99–272, title XI, § 11012(d), Apr. 7, 1986, 100 Stat. 260, provided that:
"In the case of a distress termination under section 4041(c) of the Employee Retirement Income Security Act of 1974 (as amended by section 11009) [29 U.S.C. 1341(c)] pursuant to a notice of intent to terminate filed before January 1, 1987, no payment of liability otherwise payable as provided in section 4062(c)(2)(B) of such Act [former 29 U.S.C. 1362(c)(2)(B)] (as amended by this section [Act]) shall be required to be made before January 1, 1989."
[1]  So in original. Probably should be preceded by "section".
Title 29: Labor
29 CFR PART 4044 - ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS


This soup requires about 10 to15 minutes cooking on the stovetop before you puree the ingredients in your blender. Brown broccoli and onions (separately), in a stock pot, then cook them together in vegetable broth for 10 minutes or until the broccoli becomes tender.
Transfer to your blender and puree with buttermilk, lemon juice, dill, olive oil, salt and pepper. Refrigerate and serve chilled.


text:
Q: Free-form writing on a touchscreen at any time with Win8 How can I configure a Windows 8 computer with a touchscreen to let me write notes on the screen at any time, right "on top" of whatever else happens to already be on the screen? Basically, I'm envisioning a layer that acts like an overhead projector transparency (remember those?), and a stylus or finger as the marker.
My use case is making notes for myself during videoconferences, so programs that only allow writing on blank pages or certain limited forms of pre-loaded files (e.g. PDFs) won't work for me.
I don't care if this is supported natively or by some third-party app/program or what.

A: The free ScreenMarker works (rather simplistic), but the behavior is bit confusing (clicking the clear button doesn't immediately clear the annotation until another annotation). This is just one of the various "on-screen annotation" apps, you might find other with more feature if you need them.

A: I didn't mean for this to turn into a software recommendation question, but I ended up using the third-party product Ink2Go.

redpajama_set_name: RedPajamaStackExchange


text:
Fresno Art Museum: Inherent Processes
The Fresno Art Museum has presented many mid-career artists over the last fifty years and has an outstanding record of support for the work of California women artists. Few have possessed such a spirit of radiance and the informed sensitivity of sculptor Dane Mattes. It is with great pride that we introduce the exhibition "Danae Mattes: Inherent Process" to our patrons and supporting friends.
Danae Mattes' ceramic sculptural abstractions are both organic and iconic. Informed by the natural world of process, Mattes hands have worked clay into vertical conceptual images presented as the "Sibyl Series". She has used both clay and water creating circular forms known as "Evaporation Pools". As a means of contemplation, these works take on a presence of timelessness offering a means of passage for the human spirit. The figures, though deliberately formed of clay, bear both mythological and poetic symbolisms that are ultimately released tot he transformative power of chance. Through the process of evaporation, randomly textural surfaces emerge giving voice to the mystery of permeability. Having chosen clay and water as medium, the condition of permeability becomes a metaphor for the essence of transformation.
Educated at Edinboro State University of Pennsylvania, followed by earning an MFA at Long Beach State University, Mattes has an extensive record of solo exhibitions both in California and in Germany as well as numerous group exhibitions in the United States and in Europe. She has been an artists in residence most recently at Cite Internationale de Arts, Paris, France preceded by grants and residencies at the European Cermaic Work Center, s'Hertogenbosch, Holland; Taller Huara-Huara, Santiago, Chile; Kultusministerin des Landes Scheleswig-Holstein, Germany; Elbstrasse 41, City of Lauenburg/Elbe, Germany; and a One Year Grant, Kunstlerhaus, Lauenburg, Kultusministerin des Landes Schlesswih-Holstein, Germany.
Danae Mattes has executed five public sculpture commissions and her work is represented in both private and public art collections.

redpajama_set_name: RedPajamaCommonCrawl


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How many "X" owners would like Quality/Performance options"?
I'm curious as to how many XBox One X owners would like to have a four tiered graphics option suite like Elite Dangerous has? Elite Dangerous offers: Quality/4K, Performance/4K, Quality/1080p, and Performance/1080p. I play Elite Dangerous in Performance/4K, which gets rid of frame rate choppiness near planet surfaces, without a big sacrifice in graphics quality.
I'd like to which option I would choose with TGC 2019, if we they were all available to us there. The more I play the game, the more I realize the fact that I'm missing the 55 to 65 FPS performance I was getting on the PC version during the stress test beta. I was able to set my PC back to ~1320p, to wind up with 60 FPS there.
I'd like to for once see what TGC would feel like on a console actually running at 60 FPS. That probably wouldn't happen unless it was running at Performance/1080p, based on what I can gauge, but it would be cool to have that option. Playing the game on my standard XBox One on a 1080p display, I can see that the Speed Trees suffer a considerably amount of detail that I find in the 4K XBox One X version. I probably wouldn't want to give up that much quality simply for the sake of 60 FPS.
Re: How many "X" owners would like Quality/Performance options"?
Since the Xbox One X is a mid range computer I don't understand why we can have the same graphic/performance options available as there are on many PC games.
I'd go for performance over graphic quality for competitive play (Society) and graphic quality over performance for playing new courses by myself.
I can see the benefit of that approach. It would be cool to have the four basic options just to see which one fit the particular need or desire at the time. I know I'd have trouble tolerating the mid range to distant Speed Trees at Performance/1080p, after seeing how good they look at what would amount to 4K/Quality.
They make these options so easy to select and change in Elite: Dangerous, i don't see any reason it couldn't be changed just as easily in TGC 2019.
We don't even know if we have true HDR lol.
Honestly I don't know what performance mode would do for this game. If we had options I would pick graphics over performance. One being I have paid a lot if money to experience 4K . Two being how much better would the game run on performance mode? Probably not much better.
Interestingly PUBG is just about to come out with these options. I actually stopped playing for multiple reasons including time but one of them was how ****ty the game looks now. It looked better when the preview first came out. They have dumbed it down so much so the original Xbox can hang with the X in live play. So be interesting to see what a huge game like PUBG does with the X and options.
I'm sure if we had full blown HDR we'd see the HDR emblem at the start of the game. TGC 2019 seems to be a little broader in the HDR realm than TGC 2, but apparently not enough to carry the title as such.
I honestly can't say which mode I'd pick. If I could avoid the current 4 to 6, perfect/very fast tempo swings I get per round using a more performance oriented mode, I'd probably go with it. If I had to drop all the way back to performance/1080p to achieve that, I doubt I would. I think the Speed Trees look decidedly unremarkable on the stock XBox One at 1080p, and couldn't go back to playing the game with that look, having experienced Speed Trees at 4K.
I sucked so badly at playing PUBG that I never really got into evaluating the graphics/performance equation with it. I should have downloaded it when it was free a couple of weeks back and tried it again. I know I wasn't terribly impressed with the look of it when I did try it out earlier, but I never lasted longer than a minute before getting killed and having to recycle. I'll be interested in reading your reactions to these new options.


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Five days ago everything went right for Soumyajit Ghosh; five days later on Friday 5th May at the Seamaster 2017 ITTF Challenge Brazil Open in São Paulo nothing has gone right.
At the Seamaster 2017 ITTF Challenge Chile Open, which concluded in Santiago on Sunday 30th April, in harness with Amalraj Anthony, Soumyajit Ghosh won the Men's Doubles title before beating his partner in the Men's Singles final.
In São Paulo, the Indian duo experienced defeat in their opening Men's Doubles contest, losing to Germany's Patrick Baum and the Slovak Republic's Thomas Keinath (11-4, 4-11, 11-8, 13-11).
Disappointment for Soumyajit Ghosh, there was more to follow. In the first round of the Men's Singles event, occupying the no.3 seeded position in the competition, he was beaten by the host nation's Eric Jouti (7-11, 11-6, 11-9, 11-9, 11-7).
The one consolation for India was that Amalraj Anthony, the no.8 seed, survived the Men's Singles opening round; later in the afternoon he avenged the defeat by overcoming Massao Kohatsu, like Eric Jouti from Brazil (11-4, 12-10, 11-6, 8-11, 11-6).
Defeat for Soumyajit Ghosh contrary to expectations; it was the same for Brazil's Cazuo Matsumoto and almost for Hugo Calderano.
Cazuo Matsumoto, the no.6 seed, was beaten by Bulgaria's Philipp Floritz (11-9, 11-6, 4-11, 11-9, 6-11, 11-1), a player against whom he has experienced problems in the past. . In 2012 on the ITTF World Tour in Russia, they met in the second round of the Men's Singles event; on that occasion Philipp Floritz emerged successful in seven games (5-11, 11-9, 11-8, 10-12, 11-8, 9-11, 11-3).
A match to attract the attention but no contest attracted the attention more than the duel between Hugo Calderano, the top seed and the Slovak Republic's Thomas Keinath. Hugo Calderano won but only by the very minimal margin in a dramatic seventh game (11-7, 9-11, 11-7, 9-11, 11-8, 11-13, 14-12); the whole of São Paulo breathed a sigh of relief.
Eventual success for Hugo Calderano as status predicted; it was the same for colleague, Gustavo Tsuboi, as it was for Germany's Patrick Baum, Romania's Hunor Szocs and Frenchman, Andrea Landrieu.
Gustavo Tsuboi and Hunor Szocs both beat Chilean adversaries; Gustavo Tsuboi overcame Gustavo Gomez (11-8, 11-8, 6-11, 11-7, 11-5), Hunor Szocs ended the hopes of Juan Lamadrid (11-5, 8-11, 11-6, 11-6, 11-5).
Meanwhile for Patrick Baum and Andrea Landrieu it was success in opposition to Brazilian adversaries. Patrick Baum overcame Luiz Anjos (11-7, 11-3, 11-8, 11-7), Andrea Landrieu ended the hopes of Carlos Ishida (11-7, 11-4, 11-8, 11-4).
At the quarter-final stage Hugo Calderano plays Andrea Landrieu, Gustavo Tsuboi faces Eric Jouti; in the opposite half of the draw Hunor Szocs meets Amalraj Anthony, Philipp Floritz encounters Patrick Baum.


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While you're at Big Woods at Hard Truth Hills, shop the store area for BWQOHT swag, or stop in to the bottle shop for Hard Truth and Quaff ON! treats to take home! You can also stop by our Hard Truth Tours & Tastings to get the full experience of our craft beer and spirits!


It's a beautiful picture. Why? Because God had been training Moses. Those forty long years in Midian were now brimming with purpose.
Moses knew how to go and gather.
I find comfort in knowing my sovereign God is a God who prepares me. I love knowing He is currently, at this very moment, fitting me for a purpose that would otherwise be far beyond my capacity.
Friends, He is for us. God isn't intending on testing us and setting us up to fail; instead, He is working on our behalf in order to ensure we are ready and able to respond when He calls.
God doesn't require of us beyond what He's poured into us.
Jesus, thank you for coming down to our level and, moment by moment, working through us to your glory. We long to trust your sovereign hand more fully - to believe you are fitting us for a greater purpose, like Moses. Grant us patience in our Midian years and make us willing, trainable servants. And, give us courage to respond when you call. In your name, Jesus, amen.


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Hollister Incorporated Announces Grand Opening of New Distribution Center in Oud Gastel, Netherlands
May 25, 2018 - Hollister Incorporated, a US-based global manufacturer of medical devices and equipment announces the official grand opening and celebration of its new distribution center in Oud Gastel, Netherlands. A presentation and ribbon cutting ceremony will commence today at 3:00 pm, followed by a tour of the facility.
Over sixty-five Hollister Incorporated associates will attend the celebration, including all local distribution center associates; George Maliekel, President and CEO; James Humphries, Senior Vice President and Chief Technology Officer; Rob Keeley, Vice President and CFO; and Brendan Sugrue, Vice President of Global Operations. Speakers and honored guests include Jobke Vonk-Ve, Mayor of Oud-Gastel and Jetze Plat, Olympic Gold Medalist and 2017 Paralympic of the Year.
To accommodate rapid business growth, Hollister broke ground on the distribution center in Oud Gastel, near the town of Roosendaal, in March 2017. The new building initially opened for business in January 2018 and has three times the capacity of its former facility eight miles away in Etten-Leur. Shipments from manufacturing plants began in January and customer shipments from the new facility began in February. By April, the Oud Gastel facility was fully operational, with a seamless transition of business from the Etten-Leur location.
"Hollister is honored to be a part of the Oud Gastel business community. The new distribution center provides us with the capacity to continue serving our growing customer needs with our existing team from Etten-Leur. We are proud that every person from this team has consistently provided superior service to our customers in Europe, Asia and Africa," said George Maliekel, President and CEO. "We look forward to continued growth through impeccable customer service and deepening our community ties."
A private celebration honoring all Oud Gastel associates will take place on Saturday, May 26.
About Hollister Incorporated
Hollister Incorporated is an independent company that develops, manufactures, and markets healthcare products worldwide. The company develops, and manufactures products for ostomy care, continence care, and critical care, and also develops educational support materials for patients and healthcare professionals. Hollister Incorporated has been serving healthcare professionals and consumers for more than 95 years and is committed to making life more rewarding and dignified for people who use its products and services. Headquartered in Libertyville, Illinois, Hollister has manufacturing and distribution centers on three continents and sells in more than 80 countries around the world.
Product supply and customer service support updates, and more
Visit Newsroom
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Whether you're a patient, a caregiver, or a healthcare professional, if you have any questions about Hollister products or services, we can help.


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Bahrain Accession Day
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Huvishka Gold Dinar Sold For INR 1,00,000
Huvishka was the Emperor of the Kushan Empire, he sat on the throne of the Kushan Empire after Kanishka I and ruled it until the succession of Vasudeva I. The rule of Huvishka is known as the golden age of Kushan rule.
Today Timur Defeated the Tughlaq dynasty
Timur was the founder of the founder and the first ruler of the Timurid Dynasty. In 1398 CE, he invaded Northern India to attack Delhi Sultanate ruled by Nasir-ud-Din Mahmud Shah Tughluq of the Tughlaq dynasty. While marching...
Christmas is coming soon, Santa clause is on the way to distribute gift and happiness all around. To celebrate this happy event, Cyprus Post issued Christmas stamps are devoted to traditional Cypriot sweets that are always c...
Isle of Man welcomes OX year
A set of four stamps is issued by the Isle of Man to welcome Ox New year, it is one of the most popular and annual festivals in the world. These four stamps are the part of the Isle of Man Lunar new year series commemorating...
Base gold Dinar of Indo-Sassanian King Ranaditya Satya
Ranaditya Satya is also known as Rana Datasatya; he was the ruler of Indo-Sassanian. He ruled the part of Sindh, and modern-day Pakistan, in 5th -6th Century CE.
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The day of December 16, 1773, is one of the revolutionary movements in the history of the United States of America. The Boston Tea party was the political protest that occurred on December 16, 1773. The Boston Tea party was a...
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The coconut crab has been known to scientists since the voyages of Francis Drake around 1580. It is also called as coconut crab, robber crab, and palm thief. In Japan, the species is typically referred to as Yashigani.
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International Tea Day
International Tea Day is observed in India, Bangladesh, Sri Lanka, Nepal, Vietnam, Indonesia, Kenya, Malawi, Malaysia, Uganda and Tanzania on 15 December. The first International Tea Day in India was held in Delhi in 2005.
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August 3, 2020 Minutes
The Historic Preservation Board (HPB) of the City of Titusville, Florida met in regular session in the Council Chamber at City Hall, located at 555 South Washington Avenue on Monday, August 3, 2020 at 1:00 p.m.
Chairman Kiesel called the meeting to order at 1:00 p.m. Present were Vice Chairman Petyk, Secretary Adams, Alternate Member Shifalo and Alternate Member Shoemaker. Member Foster joined the meeting via telecommunicating. Member Jonas, Member Green and Member Gaetjens were absent. Also attending was Redevelopment Planner Tim Ford and Recording Secretary Laurie Dargie. Assistant City Attorney joined the meeting via telecommunicating.
Member Shoemaker motioned to approve the minutes from the July 6, 2020 meeting. Secretary Adams seconded. There was a unanimous voice vote.
Chairman Kiesel asked if the Historic Preservation Board members would move forward to item 7E: Special CPA 3-2020 – 346 S. Washington Avenue proposed new building construction design review.
Chairman Kiesel passed the gavel to Vice Chairman Petyk to run this portion of the meeting as he recused himself from this item.
346 S. Washington Avenue – Special COA 3-2020 – Proposed new building construction design review
Edward Browder, PLA, ASLA Landscape Architect Manager with S&ME 1615 Edgewater Drive, Suite 200 Orlando, Florida came to give a PowerPoint Presentation regarding his review of the proposed new building construction design of 346 S. Washington Avenue Titusville, Florida.
James Mutter, property owner, 1114 S. Washington Avenue Titusville, Florida came to speak in favor of this item.
Allen Kiesel, architect on the project, 213 Broad Street Titusville, Florida came to speak in favor of this item. Mr. Kiesel answered some of the questions regarding the incompatible items from Mr. Browder's presentation.
Member Foster asked what the back of the building will look like. Mr. Kiesel said it is essentially blank with a door, like the previous building was.
Member Foster said she would like to see a site plan and conceptual plans from the south side and front side. Mr. Kiesel said the new building will sit on the property exactly as the previous building.
Mr. Browder asked Mr. Kiesel what he plans to do with the balcony if FDOT does not approve it. Mr. Kiesel said they will keep the balcony but have less of an overhang.
Mr. Browder asked what the cupola will look like. Mr. Kiesel said it will be copper and a conceptual design was provided in the agenda packet.
Vice Chairman Petyk asked if anything has been submitted to FDOT for approval yet. Mr. Kiesel said not yet.
Secretary Adams asked if there was anything that was saved from the prior building. Mr. Kiesel said that a door frame and a sink were saved and the owner would like to incorporate these items into the new building somehow.
Member Foster asked if the staircase is compliant with the fire codes. Mr. Kiesel said yes.
Secretary Adams asked where signage will be placed on the building. Mr. Kiesel said there will be no signage attached to the building structure. The owner will put signage in the windows.
Derek Barger, contractor on project, 1415 Crest Drive Titusville, Florida came to speak in favor of this item. Mr. Barger requested that the Historic Preservation Board would move forward with approving this item so that the project isn't delayed any longer.
Mr. Kiesel asked if the Historic Preservation Board would consider approving the item to move forward with a condition that all requested documentation and information is provided.
Member Foster made a motion to table this item until the September 1, 2020 meeting to allow time to receive more documentation. Motion dies due to the lack of a second.
Member Shoemaker said she understands the reasoning for wanting to continue this item so that the Historic Preservation Board has a full understanding of the project.
Vice Chairman Petyk said a site plan would be very important to review and asked how long it would take to get a site plan.
Mr. Kiesel said a condition could be made to require that all of the requested documentation be submitted to the Historic Preservation Board for review.
Vice Chairman Petyk said she does not want to hold up the project but feels that having all of the information is important.
Assistant City Attorney Farrell read Section 29-119 of the code regarding Certificate of Appropriateness. Mr. Kiesel asked if this could be approved with conditions. Assistant City Attorney Farrell said yes but it would make it complicated.
Mr. Kiesel asked Mr. Browder if he has a certain comfort level regarding the plan. Mr. Browder said he would like to see the cross sections of the windows and doors and a site plan to be comfortable.
Member Foster made a motion to table this item until the September 1, 2020 Historic Preservation Board meeting to allow the owner to provide more documentation for the Historic Preservation Board to review before giving approval. Member Shifalo seconded.
Roll call was as follows:
Secretary Adams Yes
Vice Chairman Petyk Yes
Member Shifalo Yes
Member Shoemaker Yes
Member Foster Yes
Motion Passed.
Vice Chairman Petyk passed the gavel back to Chairman Kiesel.
Demolition by Neglect – Downtown building survey
Chairman Kiesel asked the Historic Preservation Board members how they would like to proceed with reaching out to property owners regarding their structures that may need attention. Chairman Kiesel said that in the past letters were mailed to the owners.
Chairman Kiesel said he would suggest looking at the properties in the Community Redevelopment Agency (CRA) because of the grant opportunities available.
Member Foster asked Mr. Ford if he was aware of any structures in particular that were in need of repair or that have code violations. Mr. Ford said he would have to check with Code Enforcement because he is not aware of any code violations.
Member Foster said she is concerned about the structures from Main Street to Broad Street and asked if the CRA was working on improvements to that block. Mr. Ford said he is not aware of the CRA working on anything in this area. Member Foster suggested sending letters to the property owners in this area.
Member Foster asked if there were any local designations in the downtown. Mr. Ford said he wasn't aware of any. Member Foster suggested sending letters to the owners regarding getting locally designated and that there are potential grant opportunities available.
Member Shifalo suggested offering an in person visit from one of the Historic Preservation Board members to answer questions and give more information in person for a personal approach.
Secretary Adams asked if the American Space Museum is on the list. Mr. Ford said that non-profits are not eligible for grant money towards interior but could be eligible for façade grant money. Mr. Ford said he would read the grant guidelines.
Mr. Ford said he would prepare and send letters to the property owners that were discussed.
Demolition procedures
Member Foster said she is very displeased on how the demolition process took place at 346 S. Washington Avenue. Member Foster said the biggest objection was there was no visual evidence to support demolition of the structure. Member Foster said this is a lesson learned and, in the future, the Historic Preservation Board needs to require more documentation. Member Foster also suggested that the applicant be responsible for paying for the documentation.
Member Shoemaker said she agrees with Member Foster. Member Shoemaker said the application process needs to be spelled out better.
Mr. Ford said it is a lesson learned and the Historic Preservation Board can require more documentation before approving.
Member Shifalo said she did visit the structure and the documentation that was provided to the Historic Preservation Board for review did not sufficiently give the details as to how bad the structure was. However, Member Shifalo said because of her site visit, she was comfortable with her vote to approve the demolition of the structure.
Chairman Kiesel said he feels that the Historic Preservation Board members are in agreement that they would like a more comprehensive checklist for future demolitions. Chairman Kiesel stated that in the future if any Historic Preservation Board member has any misgivings they need to speak up and voice their concerns. The member needs to know they can vote yes or no and also motion to continue an item if they don't feel that there is sufficient documentation.
Member Foster would like to discuss in detail changing the application process. Chairman Kiesel said there needs to be concrete Certificate of Appropriateness guidelines. Mr. Ford suggested that the Historic Preservation Board members each take the time to review the code and the guidelines from the other municipalities regarding Certificate of Appropriateness.
Chairman Kiesel advised the Historic Preservation Board to review pages 36 and 37 of today's agenda packet and review the City of Titusville's code and come prepared to discuss this in detail at the September 1, 2020 Historic Preservation Board meeting.
Historic Preservation Board annual workshop discussion
Mr. Ford said that he did check on the availability of the meeting locations based on the dates that were discussed at the July Historic Preservation Board meeting. Mr. Ford said that the Harry T. Moore Center is available on October 20, 2020, however he was informed that it is very limited as to how many can attend due to covid-19. Mr. Ford said that the Council Chamber is also available on October 22, 2020 but again it would be limited to how many can attend. Mr. Ford said that the Historic Preservation Board might want to consider changing the workshop to the spring in hopes that the restrictions will change and there will not be a limit on people who can attend.
Mr. Ford said that a representative from Raleigh, NC would be willing to do a virtual presentation to the Historic Preservation Board members on any of the following dates/times. August 26th 9am-2pm, August 28th 10am-12pm, August 31st 1pm-4pm and September 4th 11am or 3pm. The Historic Preservation Board members decided that they would like to have the virtual presentation on August 31, 2020 at 1:00pm.
Mr. Ford said he is waiting to hear back from Vicki Oldham with regards to the cost of the visit etc. but she is very excited to attend the workshop.
Member Foster said that she would agree with Mr. Ford about moving the workshop to the spring in hopes that there would be no limit on the number of people who can attend. Member Foster said she believes this will be a very well attended workshop. Member Shifalo agrees to postpone the workshop.
Secretary Adams made a motion to table this item until the January 2021 Historic Preservation Board meeting so that discussion can resume to plan for a springtime workshop. Member Shifalo seconded. There was a unanimous voice vote in favor.
Chairman Kiesel asked that Mr. Ford contact Ms. Oldham and let her know of the Historic Preservation Board's desire to postpone the workshop so it can be better attended.
Secretary Adams asked Mr. Ford to ask Ms. Oldham what month might be best for her schedule in the spring.
Mr. Ford gave a brief overview of the reports that were included in the agenda packet.
Mr. Ford said he did not receive any response from the homeowner at 1002 Indian River Avenue after sending the letter. Member Shifalo asked if she could try and personally contact the owner to talk with them about being locally designated.
Member Shoemaker made a motion approving Member Shifalo to contact the owner of property 1002 Indian River Avenue Titusville, Florida on behalf of the Historic Preservation Board to talk to them about becoming locally designated.
Member Shifalo said she did attend the Florida Trust Conference virtually.
Adjournment 3:45pm
November 2, 2020 Minutes
October 5, 2020 Minutes
September 1, 2020 Minutes
July 6, 2020 Minutes
June 1, 2020 Minutes
March 2, 2020 Minutes
February 3, 2020 Minutes
January 6, 2020 Minutes


Bankruptcy and taxes can be a difficult subject and it can have some serious consequences. One of the most commonly asked question is what will happen to my tax refund if I file for bankruptcy? There is no straight answer to that question, what happens to your tax return depends on what chapter you file your bankruptcy under. Filing under chapter 7 will probably protect the tax refunds while filing under chapter 13 could possibly mean less protection for your refund.
When filing for bankruptcy your tax refund, whether already received or expected for that year, will be considered an asset. As with other exempt assets, if your tax refund is considered exempt the bankruptcy trustee will not be able to take it. Since the allowable exemption amounts for various assets vary from state to state, the amount of your tax refund that you can exempt depends on your state. If your state does not have a specific exemption for tax refunds, you may be able to use the wildcard exemption, which can be used to protect any asset. If you are still concerned about your refund during the bankruptcy, the timing of when you file is also important. Filing for bankruptcy during tax season can be a bit tricky, if you do file during tax season look into what exemptions your state offers. To get most use out of your refund consider using it to pay your legal fees for filing bankruptcy. If you file for bankruptcy at another time of the year, it could be a little more problematic if you are expecting a big refund. Another way to protect a tax refund is to defer more of your salary into an employer IRA or 401k.
In a chapter 13 bankruptcy, your tax refunds will be analyzed by the trustee during the length of the plan, which can last anywhere from 3 to 5 years. If your plan pays less than 100% of your debt back to creditors, the trustee has the discretion to keep your tax refund during the life of the plan. Since chapter 13 requires that all disposable income be paid into the plan, most trustees classify tax refunds as disposable income. But keep in mind that even though your refund is being paid into your repayment plan, your plan payment will not actually be reduced.
Since determining what to do with your tax refund is largely discretionary, your trustee may allow you to keep the tax refund in special circumstances, for example the refund is needed to pay your living expenses because you find yourself in a situation. However, keep in mind that the trustee will most likely require you to contribute your tax refund as part of your plan payment. There is almost no way to keep your refund is the trustee has decided that it will go towards your repayment plan.


I always affirm 'I'm a clear and open channel and my ego steps aside' before giving Reiki healing.
It's not always easy putting the ego, the human mind aside. Your divine mind is sometimes directing you towards something your human perspective resists.
For example, I had a dream recently that I've been pondering. I dreamt on was on the LA free way. I knew in my heart that Divine will wanted me to move to Los Angelus. This is not an area I'm drawn to. To be clear, I would never want to move there. Yet, I knew in my dream that I would follow my soul level guidance and to move to LA, even though it's not what my logical self would choose.
Looking back on my dream, I remembered that all of the lanes ahead of me were clear of traffic. The road was wide open and freshly paved. From what I know of traffic in LA, this is a miracle in and of itself.
This reminds me that if I'm meant to travel in a certain direction in my life, the universe will definitely clear the path for me.
It was also clear in my dream that it wasn't a literal message to move. Just an example for me that I would understand.
You can trust that your soul-level, divine self holds a broader perspective than your ego self. Sometimes, the guidance makes sense to your mind and other times it doesn't. You can trust the universe to keep you on the best path for you, especially when you stay connected with your own inner stream of well being.
How can you use Reiki to stay connected with your soul level self and align your personal will with divine will?
Reiki your throat chakra a lot. This is the center where your heart and mind connect. You will build trust in acting on your inner guidance. It will also help you align your emotional and mental energies.
Reiki your soul star chakra along with your heart and root. This will get you into your soul level perspective more fully.
To calm your ego mind, try sending Reiki to your solar plexus.
To deepen your connection with your dream state guidance, send some Reiki to your third eye and ascended heart chakras.
To get ground your soul's intentions, Reiki your root and Earth star chakras. You may find you take inspired actions that bypass your thinking. Just doing something without even knowing why.
Surrendering your will to Divine will doesn't mean you will lead a life of boredom and drudgery. It will open you to a life of fulfillment beyond your human mind knows how to dream up. You can step into living unknown possibilities.
Sometimes you will be seem to be in a holding pattern, not moving forward. While spirit is clearing the path ahead of you.
Other times you will be moving ahead at a high level of speed which requires all of your focus and attention.
Ask the Reiki to flow to you to help you get in alignment with where you are just now. The Reiki really can help you be in a state of love and appreciation with your life while connecting you more fully with your soul level awareness.
I had the most amazing dream last night. I dreamed that I was locating spots in the ocean. I believe these were areas that the earth was sending signals that needed healing energy. I would find the areas then I would call pods of whales. The whales would show up after I got to a location in the ocean, so I guess I called them. Also, high frequency cosmic energy would appear at these spots too. It appeared to me as a beam of white light. I knew the light beam was coming from outside the earth plane. The energy was amazing. To be surrounded by the whales and be part of the cosmic energy beam was so loving and healing. I still feel very connected to the whales today. My body feels pulses of energy like I'm being rocked in the ocean.
I know that whales are record keepers on our planet. Holding the earth's memories like a swimming library, like our DNA holds our blueprints and history. I'm not sure if it was healing happening at these ocean locations or a download of new earth records or blueprints. Perhaps both.
So let me give You some ideas You can use with your own dreaming.
You can Reiki yourself to sleep at night intending the Reiki to flow into your dream state. I fall asleep every night when I Reiki myself. When I first learned Reiki it seemed like I was giving Reiki healings all night long to people I'd never even met. I have heard some of the students I've taught mention similar dreams after they learned Reiki too. Perhaps that's our psyche's and the Reiki's way of giving us more practice. You can set your intentions while falling asleep to have a dream of healing or guidance for yourself or others.
You can also use Reiki to interpret your dreams and help You remember them more clearly. For instance, I sent distant Reiki to help me find all the meanings of my whale dream. When I did I also remembered the dream I had right before in which I was given a bunch of sheet music and had to know how to sing all the songs, by the next day or within the week. This made me think of the whale songs and sonar communication the whales use. I am reminded to use the power of song or sound in my healings. The Reiki symbols can be sung or chanted with powerful effects.
Lastly, my dream reminds me to share with You that You can connect with any species with Reiki. I often find myself sending Reiki to dolphins and whales. Dolphins share the vibration of Reiki by the way. To connect with any species You just send distant Reiki to them and You can call on the angels or the spirit guardians of the particular species You are connecting with. Notice how You feel or what You sense when You connect with the species of your choice. Do You feel the appreciation beaming back to You from them? Do You feel the energy they contribute to the planet just by existing? Do You feel Your contribution to the planet just from being You and the Reiki You share with others?


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Muslims to Mars: A faith's leaders forbid a one-way trip
The distance between Mecca and Mars just got a bit longer. Muslim religious authorities in the United Arab Emirates have issued a fatwa — a ruling that is binding on Muslims — forbidding them from participating in the Mars One manned journey planned for 2022.
Since the one-way mission was announced, 200,000 would-be astronauts from around the world have applied to be trained for the initial four-person Mars One crew. The mission will be financed and supervised by a nonprofit organization, not NASA. An estimated 500 Muslims applied for inclusion on the mission, even though there will be no means of return.
Because a crew must agree to be marooned on the planet for the rest of their lives, the General Authority of Islamic Affairs and Endowment considers it a suicide mission, despite its noble goal of making Mars more habitable for future generations of explorers. Suicide is expressly forbidden in Islam.
The fatwa creates a quandary for potential Muslim astronauts. For centuries, Muslim scientists and explorers have broadened humanity's understanding of the world.
Retreating from a risky space mission because death in an alien world is a consequence would be a repudiation of the tradition exemplified by the 14th-century Muslim explorer Ibn Battuta, one of the great travelers of all time.
Although there are many questions about the scientific practicality and technological feasibility of the Mars One mission, there should be no religious objection to it. If, as many religious traditions insist, "God created the heavens and the Earth," then Mars is a legitimate part of that creation worth exploring.
©2014 Pittsburgh Post-Gazette


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March 31, 2022 October 23, 2022 Randy Yagi Beer, Wine and Spirits, California, Restaurants and Food, San Francisco Bay Area
Best Vegan/Vegetarian Brunch In San Francisco
Just because it's Easter, it doesn't mean you can't have a vegan or vegetarian brunch in San Francisco. Indeed, San Francisco is among the most vegan/vegetarian friendly cities in the entire country. What's more, it ranks amongst American cities with the most plant-based restaurants per capita. If that's not enough, the Chase Center just announced … Continue reading Best Vegan/Vegetarian Brunch In San Francisco
March 26, 2022 October 24, 2022 Randy Yagi Family Friendly, Monterey Bay Area, Sports
Sea Otter Classic 2022: Things To See & Do
Excitement is building as the Sea Otter Classic is returning to Laguna Seca Raceway in Monterey, California. After all, what could be better than attending the largest cycling festival in the world? What's more, there are nearly double the number of vendors coming this year than ever. If you need more further convincing, you get … Continue reading Sea Otter Classic 2022: Things To See & Do
March 18, 2022 January 13, 2023 Randy Yagi East Coast, Holidays, Museums, Travel
Women's History Month 2022: Where To Celebrate
Women's History Month is more than halfway through. But that shouldn't stop you from seeing spots dedicated to women before the month is over. Not only are COVID-19 restrictions easing all over the country but spring weather is arriving. In the event you can't make it to one of these sites, you can still learn … Continue reading Women's History Month 2022: Where To Celebrate


In the book, each provision of the Czech Labour Code is matched with the corresponding provision of Slovak labour law. The main differences between the Czech and Slovak legislation are described in brief commentaries. At the end of the publication there is a table of reverse comparison where the relevant provisions of the Slovak Labour Code are matched with the corresponding provisions of the Czech Labour Code.


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Q: SSH causes while loop to stop I have finally managed to boil down a problem I have been struggling with for a few weeks.  I use SSH with "authorized keys" to run commands remotely.  All is fine except when I do it in a while loop.  The loop terminates after completing any iteration with an ssh command.
For a long time I thought this was some kind of ksh weirdness, but I now discovered bash does in fact behave identically.
A small sample program to reproduce the problem.  This is distilled from a larger implementation which takes snapshots and replicates them amongst the nodes in a cluster.
#!/bin/bash

set -x

IDTAG=".*zone"
MARKER="mark-$(date +%Y.%m.%d.%H.%M.%S)"
REMOTE_HOST=sol10-target
ZFSPARENT=rpool

ssh $REMOTE_HOST zfs list -t filesystem -rHo name,mounted $ZFSPARENT | grep "/$IDTAG    " > /tmp/actionlist

#for RMT_FILESYSTEM in $(cat /tmp/actionlist)
cat /tmp/actionlist | while read RMT_FILESYSTEM ISMOUNTED
do
   echo ${RMT_FILESYSTEM}@${MARKER}
   [ "$ISMOUNTED" = "yes" ] && ssh $REMOTE_HOST zfs snapshot -r ${RMT_FILESYSTEM}@${MARKER}
   echo Remote Command Return Code: $?
done

(Note there is a TAB character in the grep search expression as per the definition of the behaviour of the zfs list "-H" option.)
My sample have some ZFS filesystems for the root where all the "zones" have their root file system on a dataset named similar to
POOL/zones/app1zone
POOL/zones/group2/app2zone
etc.
The above loop should create a snapshot for each of the selected datasets, but in stead it operates only on the first one and then exits.
That the program finds the right number of datasets can be easily confirm by checking the "/tmp/actionlist" file after the script exists.
If the ssh command is replaced by, for example, an echo command, then the loop iterates through all the input lines.  Or my favourite - prepend "echo" to the offending command.
If I use a for loop in stead then it also works, but due to the potential size of the list of datasets this could cause problems with the maximum expanded command line length.
I am now 99.999% sure that only those loops with ssh commands in them give me problems!
Note that the iteration in which the ssh command runs, completes! It is as if the data pipped in to the while loop is suddenly lost...  If the first few input lines don't perform an ssh command, then the loop goes on until it actually runs the SSH command.
On my laptop where I am testing this I have two Solaris 10 VMs with only about two or three sample datasets, but the same is happening on the large SPARC systems where this is meant to go live, and there are many datasets.

A: SSH might be reading from standard input, eating up your actionlist. Try to redirect ssh's standard input to /dev/null:
ssh $REMOTE_HOST zfs snapshot -r ${RMT_FILESYSTEM}@${MARKER} </dev/null

As a general rule, when running commands that may interfere with standard input under a while read-style loop, I like to wrap the whole loop body into braces:
cat /tmp/uuoc | while read RMT_FILESYSTEM ISMOUNTED
do {
    echo ${RMT_FILESYSTEM}@${MARKER}
    [ "$ISMOUNTED" = "yes" ] && ssh $REMOTE_HOST zfs snapshot -r ${RMT_FILESYSTEM}@${MARKER}
    echo Remote Command Return Code: $?
} < /dev/null; done


Let's see what happens when Arabic and Balkan melody or Hungarian hiphop meets contemporary bass music. Tropical rhythms, urban lowlines, east-european identity – this is Dj Pozor's brand new remix EP.
Remixed artists come from different worlds. Canadian virtuoso violinist Briga turns to moombahton, Belgian Antwerp Gipsy-Ska Orkestra jump on a drum and bass traktor that rides with 174 bpm, and south-Hungarian heavy-drinker rappers from Szeged tell their stories on reggaeton-trap beats.


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Tag: An Injury
Review: An Injury at Ovalhouse
Published on July 22, 2017 January 6, 2018 by LizLeave a comment
Kieran Hurley's An Injury is unsettling from the start, as the four performers walk on to the set deliberately looking around to catch the audience's eye. This sets the tone for a play whose aim is to remind us of our own complicity in the violence that increasingly dominates our everyday world – whether that violence is happening right in front of us or on the other side of the world, and whether we're participants or merely observers.
Photo credit: Alex Brenner
This is the story of four characters – three of them living in the same anonymous city, the other in a foreign country. Writer Danny is desperately trying to make his mark by writing something revolutionary. Joe's a drone pilot haunted by a small figure he saw running towards the target seconds before his last missile hit. Morvern longs to escape her temp job inputting the names of rejected asylum seekers. And then there's Isma, a young girl in a far-off country – and that's all we know about Isma. As the four characters' stories begin to intersect, the actors take turns playing them, reinforcing the idea that these people could be any one of us. Meanwhile the others narrate for our benefit, never allowing us to forget that we're in a theatre and there are lessons to be learnt. As we build towards a dramatic climax, it seems inevitable that one of the characters must take action against the status quo… but will they, or will they simply continue in their numb acceptance of the way things are?
The delivery of the play, which is directed by alex swift – who previously collaborated with Kieran Hurley on Heads Up – is unusual, disorientating and potentially divisive. The production has an unpolished feel in both performance and design; all four actors read from their scripts, although it's never completely clear if this is from necessity or if it's just another way to remind us we're watching a piece of theatre. The only other props are four chairs, which are rearranged as each new scene is introduced by a burst of white noise and an instruction to "zoom in" or "zoom out". This simplicity of design means our attention is entirely focused on the script, which describes in detail everything we can't see or hear, and is delivered with passion and real anger by the cast (Khalid Abdalla, Julia Taudevin, Yusra Warsama and Alex Austin). But the lack of variety in scenes also makes the piece hard to define – it falls somewhere between a play and a lecture, with the actors frequently breaking the fourth wall to challenge us directly about our own response to what we're seeing.
Hurley's script is undoubtedly thought-provoking, asking some brutal and highly topical questions about ends and means, which linger in the mind as we step back into the real world. There's so much to consider, and delivered at such a rapid-fire pace, that it's almost impossible to take it all in at a single hit. An Injury is a call to action – although what action we're being invited to take remains unclear; the only truly unforgivable response to the play, it seems, is continued apathy.
Can't see the map on iPhone? Try turning your phone to landscape and that should sort it. I don't know why but I'm working on it… 😉
Categories London theatre, Reviews•Tags An Injury, Kieran Hurley, London, Ovalhouse, review, theatre, topical, violence
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The Temptation of St. Anthony is an episode in the life of the Christian monk Anthony the Great.

The Temptation of St. Anthony may also refer to:

Visual arts
Temptation of Saint Anthony in visual arts, including a list of works with the title

Other arts
 The Temptation of Saint Anthony (novel), an 1874 novel by Gustave Flaubert
 The Temptation of Saint Anthony (film), an 1898 silent film
 The Temptation of Saint Anthony (opera), a 2003 opera by Bernice Johnson Reagon
 "The Temptation of St. Anthony", a movement of Symphony: Mathis der Maler by Paul Hindemith
"The Temptation of Saint Anthony", a 2013 song by Alkaline Trio from My Shame Is True

redpajama_set_name: RedPajamaWikipedia


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Das Amnion (), auch Schafshaut genannt, ist die dünne, durchsichtige, gefäßlose innere Eihaut und damit Teil der den Fetus enthaltenden Fruchtblase bei Amnioten wie Reptilien, Vögeln und Säugetieren. Bei ihnen bildet das Chorion (Zottenhaut) die mittlere und die Dezidua (Siebhaut) die äußere Eihaut.

Die vom Amnion umschlossene Höhle, die Amnionhöhle, vergrößert sich während der Embryonalentwicklung sehr schnell und umgibt bereits in der vierten Schwangerschaftswoche den menschlichen Embryo mitsamt seiner Nabelschnur allseits. Das fruchtseitige, einschichtige Epithel des Amnions sondert Fruchtwasser als Amnionflüssigkeit in die Fruchtblase ab. Es für eine Untersuchung zu gewinnen, macht eine Amniozentese notwendig.

Krankheiten
 Amniotisches-Band-Syndrom: Einreißen des Amnions mit Bildung fibröser Bänder, die die Gliedmaßen des ungeborenen Kindes während der Schwangerschaft abschnüren und dann zu Fehlbildungen (Dysmelien) führen können.
 Oligohydramnion: Zu wenig Fruchtwasser ist vorhanden, was zu Dysmelien führen kann.
 Polyhydramnion: Zu viel Fruchtwasser ist vorhanden.

Sonstiges
Amnionmembranen werden zur Behandlung von Oberflächendefekten an Bindehaut und Hornhaut des Auges transplantiert.

Siehe auch
 Amniozentese (Fruchtwasserpunktion zur pränatalen Diagnostik)
 Amniotomie (Blasensprung)
 Allantois
 Neurotrophe Keratopathie (Verwendung der Amnionmembran)

Literatur
 Monika Kressin, Bertram Schnorr: Embryologie der Haustiere. 5. Auflage. Enke-Verlag, Stuttgart 2006, ISBN 3-8304-1061-1.

Fruchtblase
Pränatalmedizin


Christa Whittaker has more wedding dresses in the costume shop than the Fort Walton Beach High School theater department could ever need.
The theater director decided to put the gowns to good use for the students' spring musical, "The Wedding Singer." The plot is based on the 1998 movie set in 1985, "The Wedding Singer," starring Adam Sandler and Drew Barrymore.
Fort Walton Beach High School theater students will present "The Wedding Singer" at 7 p.m. April 11-13 and at 2 p.m. April 14 at 400 Hollywood Boulevard, Fort Walton Beach. Tickets are $10 in advance and $15 at the door.
To purchase tickets in advance, visit the school office from 7 a.m. to 2 p.m. Monday through Friday. This production is rated PG-13 for language and sexual innuendo, so parental discretion is advised.
Deven Wellborn has rehearsed the song "Someday" for five months and counting.
Wellborn, a junior, started practicing the pop track long before "The Wedding Singer" auditions, so she might have a shot at seeing her name next to the role of Julia on the cast list. She cried in her car when it happened.
The musical is much like the movie, but with music.
The plot follows the character Robbie Hart, a rock star turned wedding singer who is left at the altar. He meets the waitress Julia Sullivan, who is also engaged, and they develop feelings for each other.
It's a "great rom-com," Wellborn said.
Darby Ellis, a senior who will portray Robbie, said what drew him to the movie was the chemistry of its main characters. It was realistic, he said.
Ellis and Wellborn met through a church youth group and have been tight-knit friends since. They even have nicknames and a secret handshake to prove it.
Ellis isn't excited only to act alongside his friend, but also for something slightly unexpected.
He is equally excited about donning the 1980s-themed costumes.
Whittaker's mind is spinning faster than a disco ball.
Preparing for the show is a frenzy of wedding dresses, lighting cues and saying her goodbyes. After 22 years working for the school, "The Wedding Singer" will mark Whittaker's last show as director of the Fort Walton Beach High School Theater Department.
Whittaker didn't know it would be her last production when she selected it, but she's glad.
The musical is simply silly, Whittaker said. It will feature fun additions, such as some of the students' parents making cameos as the roles of Billy Idol, Tina Turner and Cyndi Lauper.
Ellis will get the rare opportunity to shout at the principal of the high school, John Spolski, in one of the scenes. Spolski will portray an angry father at a wedding. Parents will also sell wedding cake for concessions during the performance.
Whittaker's favorite aspect, though, is the music.


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An LGBTQ podcast.
The 9 Lives of the Dreamer & Maker:
0:30 Intro to Phillipe
2:23 Moving to NY, Working in tech
6:03 "Being the rake"- Young Phillipe: Early schooling, Promoting at the Limelight
12:00 Have a "Growth Mindset"- Is failure really an option
15:05 Mythology of Life vs the Reality of Every Day; What are your personal gifts to life in itself
17:00: The Life Boat Foundation- Making sure technology won't destroy us. Can technology make us more Human?
22:40 "Surviving the Singularity" book What is the Human Condition- Can we exist in beauty and sustainability
28:20 Identity & the multitudes of experience with love
31:09 LGBT rights/growing up on the west coast
35:19 Fear- A response born from biology…turning it into integrity, action or compassion
37:36: Finding inspiration
41:04 The next 5 years
LifeBoat Foundation: Phillipe Bojorquez
Phillipe Bojorquez is an engineer, activist, and artist: He has been described as "a futurist with a community minded bent." He is a engineer, with experience at First Dibs, Samsung, Boxee, and Canary. He is a board member of The Lifeboat Foundation, an independent research group dedicated to helping humanity survive the risks posed by new technologies. His research areas include artificial intelligence, robotics, engineering, and philosophy. Bojorquez is a past board member of CRUX, NYC's LGBT rock climbing organization, and an early contributor and organizer of Vegans in Vegas, a yearly gathering of activists and entrepreneurs at the forefront of nutrition and sustainability. His passion for activism and community building comes from his belief in the power of spontaneous collaboration to shape our lives for the better. As one of his heroes, scientist Bill Nye says, "Everyone you will ever meet knows something you don't." Bojorquez believes that individual talents brought together by the new collaborative tools of technology will allow humanity to solve the tremendous environmental, political, and economic threats to its survival. "If we are willing to let go of hidebound judgement, new possibilities for growth and understanding beyond our wildest dreams await us," says Bojorquez. His installation artwork has been shown in Australia, the United Kingdom, and various parts of America.
℗ & © 2016 Naked & Inside Out