; and (B) thereafter, to each of the funds described in subparagraph (A) in equal amounts, subject to paragraph (2). (2) Adjustments to allocations If, after amounts transferred under paragraph (1) have been allocated in accordance with paragraph (1)(B), the Director of the Pension Benefit Guaranty Corporation (referred to in this section as the Director ) determines that the future financial conditions or risks of insolvency of the funds used with respect to basic benefits guaranteed under each of sections 4022A and 4022 of the Employee Retirement Income Security Act of 1974 are no longer substantially similar as described in paragraph (1)(A), the Director, in consultation with the board of directors of the Pension Benefit Guaranty Corporation, shall determine an appropriate allocation of such amounts between such funds. 3. Department of Labor oversight of top hat plans (a) Guidance Not later than December 31, 2020, the Secretary of Labor shall issue guidance defining the term select group of management or highly compensated employees for purposes of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.). Such guidance shall address the participation rate and plan language with respect to a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees, and the compensation and description of job duties of employees eligible to participate in such plans. (b) Regulations Not later than December 31, 2020, the Secretary of Labor shall issue final regulations requiring the sponsors of plans that are unfunded and maintained by employers primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees to align eligibility requirements for participation in such plans with the guidance issued under subsection (a). (c) Disclosure requirement Part 1 of title I of the Employee Retirement Income Security Act of 1974 ( 29