Law Dictionary

state law" in § 541(c)(2), since consistency of usage within the same statute is to be presumed.

For purposes of this subsection, the term “applicable nondiscrimination requirement” means any requirement under subsection (b) of this section, section 79(d), section 105(h), or p

For purposes of this subsection, the term “applicable nontaxable contribution” means any employer or employee contribution— (A) which was made with respect to compensation— (i) for

For purposes of this subsection, the term “applicable nontaxable earnings” means earnings— (A) which are paid or accrued with respect to any employer or employee contribution which

For purposes of subsection (b), the term “applicable NTR (MFN) rate of duty” means, with respect to a safeguard good, a rate of duty that is the lesser of— (A) the column 1 general

The term “applicable number of calendar days” means— (I) with respect to claims received in the 12-month period beginning October 1, 1986, 30 calendar days, (II) with respect to cl

The term “applicable one-stop center” means a one-stop customer service center that provides services, such as referral, intake, recruitment, and placement, to a Job Corps center.

Except as provided in this paragraph or paragraph (4), the term "applicable partnership interest" means any interest in a partnership which, directly or indirectly, is tr

The term “applicable passenger vehicle” means any vehicle— (i) the original use of which commences with the taxpayer, (ii) which is manufactured primarily for use on public streets

For purposes of this paragraph, the term “applicable payment” means, with respect to any taxable year, a payment or payments described in section 7701(a)(51)(D)(i)(II). / The term

The term “applicable payment amount” means, with respect to any month, 1 ⁄ 12 of $2,000.

In this subsection, the term “applicable payment system” means the following: (A) The technical component and the technical component of the global fee under the fee schedule estab

The term "applicable pension plan" means— (A) any defined benefit plan described in section 401(a) which includes a trust exempt from tax under section 501(a), or (B) an

The reasonable charge for physicians’ services furnished on or after January 1, 1987, and before January 1, 1992, by a nonparticipating physician shall be no greater than the appli

the percentage determined by dividing the number of eligible beneficiaries assigned under section 9706 to such operator by the total number of eligible beneficiaries assigned under

the term “applicable percentage increase” means— (i) for 1991, 0 percent; (ii) for 1992 and 1993, the percentage increase in the consumer price index for all urban consumers (Unite

The term “applicable period” means the period beginning on March 1, 2020 and ending on the earlier of January 1, 2022, or the date that is 60 days after the date on which the natio

The term "applicable period CPI–U" means, with respect to an applicable period, the consumer price index for all urban consumers (United States city average) for the firs

For purposes of this section, the term "applicable person" means—

For purposes of subparagraph (A)(ii), the term “applicable phase-out factor” means— (i) for 2007, 0.55; (ii) for 2008, 0.40; (iii) for 2009, 0.25; and (iv) for 2010, 0.05.

The term “applicable plan” means a defined benefit plan the terms of which, on or before December 8, 2014, provided for a normal retirement age which is the earlier of— (i) an age

The term “applicable plan amendment” means an amendment to a defined benefit plan which has the effect of converting the plan to an applicable defined benefit plan. / The term “app

For purposes of this subparagraph, the term “applicable plan year” means any plan year beginning after December 31, 2011, and before January 1, 2034, for which— (I) the funding tar

The term “applicable policyholder” means, with respect to any employer-owned life insurance contract, the person described in subparagraph (A)(i) which owns the contract. / The ter

For purposes of subparagraph (A), the term “applicable portion” means the aggregate decrease in the credits allowed to a taxpayer under section 38 for all prior taxable years which

For purposes of this paragraph, the term “applicable possession” means Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

The term “applicable practitioner” means— (i) a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1395x(aa)(5) of this ti

For purposes of this section, the term "applicable preferred stock" means any stock— (1) which is preferred stock in— (A) the Federal National Mortgage Association, estab

The term “applicable premium” means, with respect to any period of continuation coverage of qualified beneficiaries, the cost to the plan for such period of the coverage for simila

The term “applicable premium tax credit and cost-sharing reduction” means— (A) any premium tax credit allowed under section 36B, (B) any cost-sharing reduction under section 1402 o

The term "applicable program" means any program for which the Secretary or the Department has administrative responsibility as provided by law or by delegation of authori

For purposes of this paragraph, the term “applicable property” means charitable deduction property (as defined in section 6050L(a)(2)(A))— (i) which is tangible personal property t

The term “applicable provider” means— (i) a physician; (ii) a nurse practitioner; and (iii) a physician assistant.

The term “applicable provider of services or supplier” means a provider of services or supplier that has the same taxpayer identification number assigned under section 6109 of the

For purposes of this subsection, the term “applicable provision” means any provision which specifically refers to this subsection.

In this subsection, the term “applicable provisions” means the following provisions: (A) Subsection (q)(2)(B)(i). (B) section 13 1395 l (z)(3)(D) of this title.

For purposes of clause (ii), the term “applicable published guidance” means— (I) regulations, revenue rulings, revenue procedures, information releases, notices, and announcements,

For purposes of subsection (a), the term “applicable qualified opportunity zone business” means any qualified opportunity zone business— (1) which is a trade or business of a quali

For purposes of subparagraph (A), the term “applicable quality percent” means— (i) for 2007 and 2008, 1.5 percent; (ii) for 2009 and 2010, 2.0 percent; (iii) for 2011, 1.0 percent;

In this subsection, the term “applicable quarter” means, with respect to a drug described in clause (iii), the fifth full calendar quarter after which the drug is marketed as a dru

The term “applicable rate” means— (A) the applicable Federal rate determined under section 1274(d) (compounded semiannually) as if the conversion transaction were a debt instrument

any amount which is recovered from a fiduciary or other person with respect to a breach or violation described in paragraph (1).

The term “applicable reinsurance entity” means a not-for-profit organization— (A) the purpose of which is to help stabilize premiums for coverage in the individual market in a Stat

The term “applicable reporting period” means the period of time prescribed by the prior day report, the morning report, and the afternoon report, as required under section 1635j(c)

The term “applicable reporting provision” means— (i) for home health agencies, section 1395fff(b)(3)(B)(v) of this title ; (ii) for skilled nursing facilities, section 1395yy(e)(6)

For purposes of this paragraph, the term “applicable requirement” means— (i) the requirement under paragraph (2)(A)(i) that an employer be an eligible employer; (ii) the requiremen

For purposes of paragraph (1), the term “applicable requirements” means the requirements described in paragraph (1) which would be applicable consistent with the employer's treatme

For purposes of this subsection, the term “applicable restriction” means any restriction— (A) which effectively limits the ability of the corporation or partnership to liquidate, a

The term “applicable retained interest” means any interest in an entity with respect to which there is— (A) a distribution right, but only if, immediately before the transfer descr

The term “applicable retirement plan” means— (A) an employees’ trust described in section 401(a) which is exempt from tax under section 501(a), (B) a plan under which amounts are c

The term "applicable retirement savings vehicle" means an account or plan elected by the eligible individual under paragraph (2).

For purposes of this section, the term “applicable review period” means the period starting on the date the Administrator receives a notice under subsection (a)(1) and ending 90 da

For purposes of this subsection, the term "applicable savings bond" means a savings bond which— (A) is more than 3 years past its date of final maturity; (B) (i) is in pa

For purposes of this section, the term “applicable Secretary” means— (1) the Secretary of Housing and Urban Development, with respect to financial assistance administered by such S

For purposes of this subsection, the term “applicable section” means section 79, 106, 117(d), 125, 127, 129, 132, 137, 274(j), 505, or 4980B.

For purposes of paragraph (1)(B)(ii)(II), the term “applicable section 38 credits” means the credit allowed under section 38 for the taxable year which is properly allocable to— (A

In this subsection, the term “applicable sections of title 5” means— (A) subsections (b), (c) and (d) of section 4507 of title 5 ; and (B) subsections (b) and (c) of section 4507a

For purposes of this section, the term “applicable self-insured health plan” means any plan for providing accident or health coverage if— (1) any portion of such coverage is provid

The term “applicable services” means the following: (i) Acute care inpatient services. (ii) Physicians’ services delivered in and outside of an acute care hospital setting. (iii) O

In this subsection, the term “applicable setting” means a physician’s office, a hospital outpatient department (including an emergency department), an ambulatory surgical center, a

The term “applicable severance from employment” means any severance from employment of a covered executive— (i) by reason of an involuntary termination of the executive by the empl

For purposes of the clause (i), the term “applicable share” means, with respect to any period, the natural gas allocable to such period if the gas were allocated ratably over the p

In this paragraph, the term “applicable site neutral payment rate” means— (I) for discharges in cost reporting periods beginning during fiscal years 2016 through 2019, the blended

The term "applicable site of service" means a site of service other than a site where the facility rate under the fee schedule under this subsection applies and other tha

Applicable small hub airport defined.—In clause (i)(II), the term "applicable small hub airport" means an airport designated as a small hub airport during— (I) the 3-year

For purposes of this section, the term “applicable start date” means, with respect to any qualified opportunity zone designated under this section, the January 1 following the date

The term "applicable State agency" means the State agency that has primary responsibility to enforce the requirements of the Safe Drinking Water Act in the State.

The term “applicable State authority” means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State

The term “applicable State court” means, with respect to any applicable State statute, a court of the State which enacted such statute.

In this section, the term “applicable State health subsidy program” means— (1) the program under this title 3 for the enrollment in qualified health plans offered through an Exchan

For purposes of this section, the term “applicable State statute” means a statute providing for the entry of an order, judgment, or decree described in paragraph (2)(A) which is en

The term “applicable statute” means— (A) the Act or the title, part, section, or any other subdivision of an Act, as the case may be, that authorizes the appropriation for an appli

The term "applicable statutory premium recognition pattern" means the statutory premium recognition pattern— (I) which is in effect for the calendar year in which the pre

For purposes of subparagraph (D), the term “applicable stock price” means, with respect to any stock for which an option has been granted— (i) the closing price of such stock on th

The term “applicable straddle” means any straddle (within the meaning of section 1092(c)).

The term “applicable subchapter” means subchapter XVIII, subchapter XIX, or both.

For purposes of this subsection, the term “applicable subsidy” means— (A) any direct or counter-cyclical payment under title I of the Food, Conservation, and Energy Act of 2008, or

For purposes of this section, the term "applicable supplementary amount" means, with respect to any sustainable aviation fuel, an amount equal to $0.01 for each percentag

For purposes of this paragraph, the term “applicable taxable year” means, with respect to any employer— (i) the first taxable year of the employer— (I) which includes any portion o

For purposes of this subchapter, the term "applicable tax-exempt organization" means— / The term "applicable tax-exempt organization" means any organization whi

For purposes of this paragraph, the term “applicable tax limit” means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under

For purposes of this subsection, the term “applicable taxpayer” means any taxpayer who has been allowed a credit under section 48D(a) for any prior taxable year. / The term “applic

For purposes of this paragraph, the term “applicable threshold” means— (i) $450,000 in the case of subsection (a), (ii) $425,000 in the case of subsection (b), (iii) $400,000 in th

In this paragraph, the term “applicable threshold percentage” means— (i) in 2005, in the case of an average sales price for a drug or biological that exceeds widely available marke

The term "applicable trade or business" means any activity conducted on a regular, continuous, and substantial basis which, regardless of whether the activity is conducte

The term “applicable transaction” means, with respect to any applicable taxpayer, any significant transaction (as determined by the Secretary, in coordination with the Secretary of

“applicable treaty” means— (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970; (B) the Convention for the Suppression of

The term "applicable United Nations Security Council resolution" means— (A) United Nations Security Council Resolution 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013),

For purposes of this subparagraph, the term “applicable voluntary early retirement incentive plan” means a voluntary early retirement incentive plan maintained by— (I) a local educ

The term “applicable wash sales transaction” means any transaction (or series of transactions) under which a nonresident alien individual, foreign corporation, or qualified investm

For the purposes of this subsection, the term “applicable year” means the most recent taxable year for which information is available in the Internal Revenue Service's taxpayer dat

The term “applicant” means any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an exis

The term "applicant flow data" means data that tracks the rate of applications for job positions among demographic categories.

For purposes of this section, the term “applicant for membership” includes a student enrolled, during a semester or other enrollment term, in a course which is part of Reserve Offi

The term “applicant for military service” means a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the

The terms “individual's representative” and “applicant's representative” mean a parent, a family member, a guardian, an advocate, or an authorized representative of an individual o

To fasten, to moor a ship.

I Application. Applicatio est Tita regnlae: application is the life of a rule. In old English law. A fastening to; a mooring. Applicatio naviam: a mooring of vessels.

Application is the life of a rule. 2 Bulst. 79. APPLICATION (Lat. applicare). The act of making a request for something. A written request. The use or disposition made of a thing.

petition, appeal from the denial of a petition, and anything else that functions as an appeal." Second, California's procedures are very different from those in other States.