Laws: Cases and Codes : U.S. Code : Title 29
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U.S. Code as of:
01/19/04
Chapter 18 - Notes
SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS
SUBTITLE A - GENERAL PROVISIONS
Sec.
1001. Congressional findings and declaration of policy.
(a) Benefit plans as affecting interstate commerce
and the Federal taxing power.
(b) Protection of interstate commerce and
beneficiaries by requiring disclosure and
reporting, setting standards of conduct, etc.,
for fiduciaries.
(c) Protection of interstate commerce, the Federal
taxing power, and beneficiaries by vesting of
accrued benefits, setting minimum standards of
funding, requiring termination insurance.
1001a. Additional Congressional findings and declaration of
policy.
(a) Effects of multiemployer pension plans.
(b) Modification of multiemployer plan termination
insurance provisions and replacement of
program.
(c) Policy.
1001b. Findings and declaration of policy.
(a) Findings.
(b) Additional findings.
(c) Declaration of policy.
1002. Definitions.
1003. Coverage.
(a) In general.
(b) Exceptions for certain plans.
(c) Voluntary employee contributions to accounts
and annuities.
SUBTITLE B - REGULATORY PROVISIONS
PART 1 - REPORTING AND DISCLOSURE
1021. Duty of disclosure and reporting.
(a) Summary plan description and information to be
furnished to participants and beneficiaries.
(b) Reports to be filed with Secretary of Labor.
(c) Terminal and supplementary reports.
(d) Notice of failure to meet minimum funding
standards.
(e) Notice of transfer of excess pension assets to
health benefits accounts.
(f) Repealed.
(g) Reporting by certain arrangements.
(h) Simple retirement accounts.
(i) Notice of blackout periods to participant or
beneficiary under individual account plan.
(j) Cross reference.
1022. Summary plan description.
1023. Annual reports.
(a) Publication and filing.
(b) Financial statement.
(c) Information to be furnished by administrator.
(d) Actuarial statement.
(e) Statement from insurance company, insurance
service, or other similar organizations which
sell or guarantee plan benefits.
1024. Filing and furnishing of information.
(a) Filing of annual report with Secretary.
(b) Publication of summary plan description and
annual report to participants and
beneficiaries of plan.
(c) Statement of rights.
(d) Cross references.
1025. Reporting of participant's benefit rights.
(a) Statement furnished by administrator to
participants and beneficiaries.
(b) One-per-year limit on reports.
(c) Individual statement furnished by administrator
to participants setting forth information in
administrator's Internal Revenue registration
statement and notification of forfeitable
benefits.
(d) Plans to which more than one unaffiliated
employer is required to contribute;
regulations.
1026. Reports made public information.
1027. Retention of records.
1028. Reliance on administrative interpretations.
1029. Forms.
(a) Information required on forms.
(b) Information not required on forms.
(c) Format and content of summary plan description,
annual report, etc., required to be furnished
to plan participants and beneficiaries.
1030. Alternative methods of compliance.
1031. Repeal and effective date.
PART 2 - PARTICIPATION AND VESTING
1051. Coverage.
1052. Minimum participation standards.
1053. Minimum vesting standards.
(a) Nonforfeitability requirements.
(b) Computation of period of service.
(c) Plan amendments altering vesting schedule.
(d) Nonforfeitable benefits after lesser period and
in greater amounts than required.
(e) Consent for distribution; present value;
covered distributions.
1054. Benefit accrual requirements.
(a) Satisfaction of requirements by pension plans.
(b) Enumeration of plan requirements.
(c) Employee's accrued benefits derived from
employer and employee contributions.
(d) Employee service which may be disregarded in
determining employee's accrued benefits under
plan.
(e) Opportunity to repay full amount of
distributions which have been reduced through
disregarded employee service.
(f) Employer treated as maintaining a plan.
(g) Decrease of accrued benefits through amendment
of plan.
(h) Notice of significant reduction in benefit
accruals.
(i) Prohibition on benefit increases where plan
sponsor is in bankruptcy.
(j) Cross reference.
1055. Requirement of joint and survivor annuity and
preretirement survivor annuity.
(a) Required contents for applicable plans.
(b) Applicable plans.
(c) Plans meeting requirements of section.
(d) "Qualified joint and survivor annuity" defined.
(e) "Qualified preretirement survivor annuity"
defined.
(f) Marriage requirements for plan.
(g) Distribution of present value of annuity;
written consent; determination of present
value.
(h) Definitions.
(i) Increased costs from providing annuity.
(j) Use of participant's accrued benefit as
security for loan as not preventing
distribution.
(k) Spousal consent.
(l) Regulations; consultation of Secretary of the
Treasury with Secretary of Labor.
1056. Form and payment of benefits.
(a) Commencement date for payment of benefits.
(b) Decrease in plan benefits by reason of
increases in benefit levels under Social
Security Act or Railroad Retirement Act of
1937.
(c) Forfeiture of accrued benefits derived from
employer contributions.
(d) Assignment or alienation of plan benefits.
(e) Limitation on distributions other than life
annuities paid by plan.
(f) Missing participants in terminated plans.
1057. Temporary variances from certain vesting requirements.
1058. Mergers and consolidations of plans or transfers of
plan assets.
1059. Recordkeeping and reporting requirements.
1060. Multiple employer plans.
(a) Plan maintained by more than one employer.
(b) Maintenance of plan of predecessor employer.
(c) Plan maintained by controlled group of
corporations.
(d) Plan of trades or businesses under common
control.
1061. Effective dates.
PART 3 - FUNDING
1081. Coverage.
(a) Plans excepted from applicability of this part.
(b) "Insurance contract plan" defined.
(c) Applicability of this part to terminated
multiemployer plans.
(d) Financial assistance from Pension Benefit
Guaranty Corporation.
1082. Minimum funding standards.
(a) Avoidance of accumulated funding deficiency.
(b) Funding standard account.
(c) Methods.
(d) Additional funding requirements for plans which
are not multiemployer plans.
(e) Quarterly contributions required.
(f) Imposition of lien where failure to make
required contributions.
(g) Qualified transfers to health benefit accounts.
(h) Cross reference.
1083. Variance from minimum funding standard.
(a) Waiver of requirements in event of business
hardship.
(b) Matters considered in determining business
hardship.
(c) "Waived funding deficiency" defined.
(d) Special rules.
(e) Notice of filing of application for waiver.
(f) Cross reference.
1084. Extension of amortization periods.
(a) Determinations by Secretary in granting
extension.
(b) Amendment of plan.
(c) Notice of filing of application for extension.
1085. Alternative minimum funding standard.
(a) Maintenance of account.
(b) Operation of account.
(c) Interest.
1085a. Security for waivers of minimum funding standard and
extensions of amortization period.
(a) Security may be required.
(b) Consultation with the Pension Benefit Guaranty
Corporation.
(c) Exception for certain waivers and extensions.
1085b. Security required upon adoption of plan amendment
resulting in significant underfunding.
(a) In general.
(b) Form of security.
(c) Amount of security.
(d) Release of security.
(e) Notice.
(f) Definitions.
1086. Effective dates.
PART 4 - FIDUCIARY RESPONSIBILITY
1101. Coverage.
(a) Scope of coverage.
(b) Securities or policies deemed to be included in
plan assets.
(c) Clarification of application of ERISA to
insurance company general accounts.
1102. Establishment of plan.
(a) Named fiduciaries.
(b) Requisite features of plan.
(c) Optional features of plan.
1103. Establishment of trust.
(a) Benefit plan assets to be held in trust;
authority of trustees.
(b) Exceptions.
(c) Assets of plan not to inure to benefit of
employer; allowable purposes of holding plan
assets.
(d) Termination of plan.
1104. Fiduciary duties.
(a) Prudent man standard of care.
(b) Indicia of ownership of assets outside
jurisdiction of district courts.
(c) Control over assets by participant or
beneficiary.
(d) Plan terminations.
1105. Liability for breach of co-fiduciary.
(a) Circumstances giving rise to liability.
(b) Assets held by two or more trustees.
(c) Allocation of fiduciary responsibility;
designated persons to carry out fiduciary
responsibilities.
(d) Investment managers.
1106. Prohibited transactions.
(a) Transactions between plan and party in
interest.
(b) Transactions between plan and fiduciary.
(c) Transfer of real or personal property to plan
by party in interest.
1107. Limitation with respect to acquisition and holding of
employer securities and employer real property by
certain plans.
(a) Percentage limitation.
(b) Exception.
(c) Election.
(d) Definitions.
(e) Marketable obligations.
(f) Maximum percentage of stock held by plan; time
of holding or acquisition; necessity of
legally binding contract.
1108. Exemptions from prohibited transactions.
(a) Grant of exemptions.
(b) Enumeration of transactions exempted from
section 1106 prohibitions.
(c) Fiduciary benefits and compensation not
prohibited by section 1106.
(d) Owner-employees; family members; shareholder
employees.
(e) Acquisition or sale by plan of qualifying
employer securities; acquisition, sale, or
lease by plan of qualifying employer real
property.
(f) Applicability of statutory prohibitions to
mergers or transfers.
1109. Liability for breach of fiduciary duty.
1110. Exculpatory provisions; insurance.
1111. Persons prohibited from holding certain positions.
(a) Conviction or imprisonment.
(b) Penalty.
(c) Definitions.
(d) Salary of person barred from employee benefit
plan office during appeal of conviction.
1112. Bonding.
(a) Requisite bonding of plan officials.
(b) Unlawful acts.
(c) Conflict of interest prohibited in procuring
bonds.
(d) Exclusiveness of statutory basis for bonding
requirement for persons handling funds or
other property of employee benefit plans.
(e) Regulations.
1113. Limitation of actions.
1114. Effective date.
PART 5 - ADMINISTRATION AND ENFORCEMENT
1131. Criminal penalties.
1132. Civil enforcement.
(a) Persons empowered to bring a civil action.
(b) Plans qualified under Internal Revenue Code;
maintenance of actions involving delinquent
contributions.
(c) Administrator's refusal to supply requested
information; penalty for failure to provide
annual report in complete form.
(d) Status of employee benefit plan as entity.
(e) Jurisdiction.
(f) Amount in controversy; citizenship of parties.
(g) Attorney's fees and costs; awards in actions
involving delinquent contributions.
(h) Service upon Secretary of Labor and Secretary
of the Treasury.
(i) Administrative assessment of civil penalty.
(j) Direction and control of litigation by Attorney
General.
(k) Jurisdiction of actions against the Secretary
of Labor.
(l) Civil penalties on violations by fiduciaries.
(m) Penalty for improper distribution.
1133. Claims procedure.
1134. Investigative authority.
(a) Investigation and submission of reports, books,
etc.
(b) Frequency of submission of books and records.
(c) Other provisions applicable relating to
attendance of witnesses and production of
books, records, etc.
1135. Regulations.
1136. Coordination and responsibility of agencies enforcing
this subchapter and related Federal laws.
(a) Coordination with other agencies and
departments.
(b) Responsibility for detecting and investigating
civil and criminal violations of this
subchapter and related Federal laws.
(c) Coordination of enforcement with States with
respect to certain arrangements.
1137. Administration.
1138. Appropriations.
1139. Separability.
1140. Interference with protected rights.
1141. Coercive interference.
1142. Advisory Council on Employee Welfare and Pension
Benefit Plans.
(a) Establishment; membership; terms; appointment
and reappointment; vacancies; quorum.
(b) Duties and functions.
(c) Executive secretary; secretarial and clerical
services.
(d) Compensation.
(e) Termination.
1143. Research, studies, and reports.
(a) Authorization to undertake research and
surveys.
(b) Omitted.
(c) Cooperation with Congress.
1143a. Studies by Comptroller General.
(1) In general.
(2) Access to books, documents, etc.
(3) Definitions.
(4) Effective date.
1144. Other laws.
(a) Supersedure; effective date.
(b) Construction and application.
(c) Definitions.
(d) Alteration, amendment, modification,
invalidation, impairment, or supersedure of
any law of the United States prohibited.
1144a. Clarification of church welfare plan status under
State insurance law.
(a) In general.
(b) State insurance law.
(c) Definitions.
(d) Enforcement authority.
(e) Application of section.
1145. Delinquent contributions.
1146. Outreach to promote retirement income savings.
(a) In general.
(b) Methods.
(c) Information to be made available.
(d) Establishment of site on Internet.
(e) Coordination.
1147. National Summit on Retirement Savings.
(a) Authority to call Summit.
(b) Planning and direction.
(c) Purpose of National Summit.
(d) Scope of National Summit.
(e) National Summit participants.
(f) National Summit administration.
(g) Report.
(h) "State" defined.
(i) Authorization of appropriations.
(j) Financial obligation for fiscal year 1998.
(k) Contracts.
1148. Authority to postpone certain deadlines by reason of
Presidentially declared disaster or terroristic or
military actions.
PART 6 - CONTINUATION COVERAGE AND ADDITIONAL STANDARDS FOR GROUP
HEALTH PLANS
1161. Plans must provide continuation coverage to certain
individuals.
(a) In general.
(b) Exception for certain plans.
1162. Continuation coverage.
1163. Qualifying event.
1164. Applicable premium.
1165. Election.
(a) In general.
(b) Temporary extension of COBRA election period
for certain individuals.
1166. Notice requirements.
(a) In general.
(b) Alternative means of compliance with
requirements for notification of multiemployer
plans by employers.
(c) Rules relating to notification of qualified
beneficiaries by plan administrator.
1167. Definitions and special rules.
1168. Regulations.
1169. Additional standards for group health plans.
(a) Group health plan coverage pursuant to medical
child support orders.
(b) Rights of States with respect to group health
plans where participants or beneficiaries
thereunder are eligible for medicaid benefits.
(c) Group health plan coverage of dependent
children in cases of adoption.
(d) Continued coverage of costs of a pediatric
vaccine under group health plans.
(e) Regulations.
PART 7 - GROUP HEALTH PLAN REQUIREMENTS
SUBPART A - REQUIREMENTS RELATING TO PORTABILITY, ACCESS, AND
RENEWABILITY
1181. Increased portability through limitation on
preexisting condition exclusions.
(a) Limitation on preexisting condition exclusion
period; crediting for periods of previous
coverage.
(b) Definitions.
(c) Rules relating to crediting previous coverage.
(d) Exceptions.
(e) Certifications and disclosure of coverage.
(f) Special enrollment periods.
(g) Use of affiliation period by HMOs as
alternative to preexisting condition
exclusion.
1182. Prohibiting discrimination against individual
participants and beneficiaries based on health
status.
(a) In eligibility to enroll.
(b) In premium contributions.
1183. Guaranteed renewability in multiemployer plans and
multiple employer welfare arrangements.
SUBPART B - OTHER REQUIREMENTS
1185. Standards relating to benefits for mothers and
newborns.
(a) Requirements for minimum hospital stay
following birth.
(b) Prohibitions.
(c) Rules of construction.
(d) Notice under group health plan.
(e) Level and type of reimbursements.
(f) Preemption; exception for health insurance
coverage in certain States.
1185a. Parity in application of certain limits to mental
health benefits.
(a) In general.
(b) Construction.
(c) Exemptions.
(d) Separate application to each option offered.
(e) Definitions.
(f) Sunset.
1185b. Required coverage for reconstructive surgery following
mastectomies.
(a) In general.
(b) Notice.
(c) Prohibitions.
(d) Rule of construction.
(e) Preemption, relation to State laws.
SUBPART C - GENERAL PROVISIONS
1191. Preemption; State flexibility; construction.
(a) Continued applicability of State law with
respect to health insurance issuers.
(b) Special rules in case of portability
requirements.
(c) Rules of construction.
(d) Definitions.
1191a. Special rules relating to group health plans.
(a) General exception for certain small group
health plans.
(b) Exception for certain benefits.
(c) Exception for certain benefits if certain
conditions met.
(d) Treatment of partnerships.
1191b. Definitions.
(a) Group health plan.
(b) Definitions relating to health insurance.
(c) Excepted benefits.
(d) Other definitions.
1191c. Regulations.
SUBCHAPTER II - JURISDICTION, ADMINISTRATION, ENFORCEMENT; JOINT
PENSION TASK FORCE, ETC.
SUBTITLE A - JURISDICTION, ADMINISTRATION, AND ENFORCEMENT
1201. Procedures in connection with the issuance of certain
determination letters by the Secretary of the
Treasury covering qualifications under Internal
Revenue Code.
(a) Additional material required of applicants.
(b) Opportunity to comment on application.
(c) Intervention by Pension Benefit Guaranty
Corporation or Secretary of Labor into
declaratory judgment action under section 7476
of title 26, action by Corporation authorized.
(d) Notification and information by Secretary of
the Treasury to Secretary of Labor upon
issuance by Secretary of the Treasury of a
determination letter to applicant.
(e) Effective date.
1202. Procedures with respect to continued compliance with
Internal Revenue requirements relating to
participation, vesting, and funding standards.
(a) Notification by Secretary of the Treasury to
Secretary of Labor of issuance of a
preliminary notice of intent to disqualify or
of commencement of proceedings to determine
satisfaction of requirements.
(b) Notification to Secretary of Labor before
Secretary of the Treasury sends notice of
deficiency under section 4971 of title 26;
waiver of imposition of tax; requests for
investigation; consultation.
(c) Extended application of regulations prescribed
by Secretary of the Treasury relating to
minimum participation standards, minimum
vesting standards, and minimum funding
standards.
(d) Opportunity afforded Secretary of the Treasury
to intervene in cases involving construction
or application of minimum standards; review of
briefs filed by Pension Benefit Guaranty
Corporation or Secretary of Labor.
(e) Consultative requirements respecting
promulgation of proposed or final regulations.
1203. Procedures in connection with prohibited transactions.
(a) Notification to Secretary of Labor; opportunity
to comment on imposition of tax under section
4975 of title 26; waiver; requests for
investigations.
(b) Consultation.
(c) Transmission of information to Secretary of the
Treasury.
1204. Coordination between the Department of the Treasury
and the Department of Labor.
SUBTITLE B - JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK
OWNERSHIP PLAN TASK FORCE; STUDIES
PART 1 - JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK
OWNERSHIP PLAN TASK FORCE
1221. Establishment.
1222. Duties.
PART 2 - OTHER STUDIES
1231. Congressional study.
1232. Protection for employees under Federal procurement,
construction, and research contracts and grants.
(a) Study and investigation by Secretary of Labor.
(b) Consultation.
(c) Regulations.
(d) Congressional review of regulations; resolution
of disapproval.
SUBTITLE C - ENROLLMENT OF ACTUARIES
1241. Joint Board for the Enrollment of Actuaries.
1242. Enrollment by Board; standards and qualifications;
suspension or termination of enrollment.
SUBCHAPTER III - PLAN TERMINATION INSURANCE
SUBTITLE A - PENSION BENEFIT GUARANTY CORPORATION
1301. Definitions.
1302. Pension Benefit Guaranty Corporation.
(a) Establishment within Department of Labor.
(b) Powers of corporation.
(c) Omitted.
(d) Board of directors; compensation; reimbursement
for expenses.
(e) Meetings.
(f) Adoption of bylaws; amendment, alteration;
publication in the Federal Register.
(g) Exemption from taxation.
(h) Advisory committee to corporation.
(i) Special rules regarding disasters, etc.
1303. Operation of corporation.
(a) Investigatory authority; audit of statistically
significant number of terminating plans.
(b) Discovery powers vested in board members or
officers designated by the chairman.
(c) Contempt.
(d) Cooperation with other governmental agencies.
(e) Civil actions by corporation; jurisdiction;
process; expeditious handling of case; costs;
limitation on actions.
(f) Civil actions against corporation; appropriate
court; award of costs and expenses; limitation
on actions; jurisdiction; removal of actions.
1304. Repealed.
1305. Pension benefit guaranty funds.
(a) Establishment of four revolving funds on books
of Treasury of the United States.
(b) Credits to funds; availability of funds;
investment of moneys in excess of current
needs.
(c) Authority to issue notes or other obligations;
purchase by Secretary of the Treasury as
public debt transaction.
(d) Establishment of fifth fund; purpose,
availability, etc.
(e) Establishment of sixth fund; purpose,
availability, etc.
(f) Deposit of premiums into separate revolving
fund.
(g) Other use of funds; deposits of repayments.
(h) Voting by corporation of stock paid as
liability.
1306. Premium rates.
(a) Schedules for premium rates and bases for
application; establishment, coverage, etc.
(b) Revised schedule; Congressional procedures
applicable.
(c) Rates for plans for basic benefits.
1307. Payment of premiums.
(a) Premiums payable when due; accrual; waiver or
reduction.
(b) Late payment charge; waiver.
(c) Civil action to recover premium penalty and
interest.
(d) Basic benefits guarantee not stopped by
designated payor's failure to pay premiums
when due.
(e) Designated payor.
1308. Annual report by the corporation.
1309. Portability assistance.
1310. Authority to require certain information.
(a) Information required.
(b) Persons required to provide information.
(c) Information exempt from disclosure
requirements.
1311. Notice to participants.
(a) In general.
(b) Exception.
SUBTITLE B - COVERAGE
1321. Coverage.
(a) Plans covered.
(b) Plans not covered.
(c) Definitions.
1322. Single-employer plan benefits guaranteed.
(a) Nonforfeitable benefits.
(b) Exceptions.
(c) Payment by corporation to participants and
beneficiaries of recovery percentage of
outstanding amount of benefit liabilities.
(d) Authorization to guarantee other classes of
benefits.
(e) Nonforfeitability of preretirement survivor
annuity.
(f) Effective date of plan amendments.
1322a. Multiemployer plan benefits guaranteed.
(a) Benefits of covered plans subject to guarantee.
(b) Benefits or benefit increases not eligible for
guarantee.
(c) Determinations respecting amount of guarantee.
(d) Amount of guarantee of reduced benefit.
(e) Ineligibility of benefits for guarantee.
(f) Study, report, etc., respecting premium
increase in existing basic-benefit guarantee
levels; Congressional procedures applicable
for revision of schedules.
(g) Guarantee of payment of other classes of
benefits and establishment of terms and
conditions of guarantee; promulgation of
regulations for establishment of supplemental
program to guarantee benefits otherwise
ineligible; status of benefits; applicability
of revised schedule of premiums.
(h) Applicability to nonforfeitable benefits
accrued as of July 30, 1980; manner and extent
of guarantee.
1322b. Aggregate limit on benefits guaranteed; criteria
applicable.
1323. Plan fiduciaries.
SUBTITLE C - TERMINATIONS
1341. Termination of single-employer plans.
(a) General rules governing single-employer plan
terminations.
(b) Standard termination of single-employer plans.
(c) Distress termination of single-employer plans.
(d) Sufficiency.
(e) Limitation on the conversion of a defined
benefit plan to a defined contribution plan.
1341a. Termination of multiemployer plans.
(a) Determinative factors.
(b) Date of termination.
(c) Duties of plan sponsor of amended plan.
(d) Duties of plan sponsor of nonoperative plan.
(e) Amount of contribution of employer under
amended plan for each plan year subsequent to
plan termination date.
(f) Payment of benefits; reporting requirements for
terminated plans and rules and standards for
administration of such plans.
1342. Institution of termination proceedings by the
corporation.
(a) Authority to institute proceedings to terminate
a plan.
(b) Appointment of trustee.
(c) Adjudication that plan must be terminated.
(d) Powers of trustee.
(e) Filing of application notwithstanding pendency
of other proceedings.
(f) Exclusive jurisdiction; stay of other
proceedings.
(g) Venue.
(h) Compensation of trustee and professional
service personnel appointed or retained by
trustee.
1343. Reportable events.
(a) Notification that event has occurred.
(b) Notification that event is about to occur.
(c) Enumeration of reportable events.
(d) Notification to corporation by Secretary of the
Treasury.
(e) Notification to corporation by Secretary of
Labor.
(f) Disclosure exemption.
1344. Allocation of assets.
(a) Order of priority of participants and
beneficiaries.
(b) Adjustment of allocations; reallocations;
mandatory contributions; establishment of
subclasses and categories.
(c) Increase or decrease in value of assets.
(d) Distribution of residual assets; restrictions
on reversions pursuant to recently amended
plans; assets attributable to employee
contributions; calculation of remaining
assets.
1345. Recapture of payments.
(a) Authorization to recover benefits.
(b) Recoverable amount.
(c) Payments made on or after death or disability
of participant; waiver of recovery in case of
hardship.
1346. Reports to trustee.
1347. Restoration of plans.
1348. Termination date.
1349. Repealed.
1350. Missing participants.
(a) General rule.
(b) Definitions.
(c) Regulatory authority.
SUBTITLE D - LIABILITY
1361. Amounts payable by corporation.
1362. Liability for termination of single-employer plans
under a distress termination or a termination by
corporation.
(a) In general.
(b) Liability to corporation.
(c) Liability to section 1342 trustee.
(d) Definitions.
(e) Treatment of substantial cessation of
operations.
1363. Liability of substantial employer for withdrawal from
single-employer plans under multiple controlled
groups.
(a) Single-employer plans with two or more
contributing sponsors.
(b) Computation of liability.
(c) Bond in lieu of payment of liability; 5-year
termination period.
(d) Alternate appropriate procedure.
(e) Indemnity agreement.
1364. Liability on termination of single-employer plans
under multiple controlled groups.
1365. Annual report of plan administrator.
1366. Annual notification to substantial employers.
1367. Recovery of liability for plan termination.
1368. Lien for liability.
(a) Creation of lien.
(b) Term of lien.
(c) Priority.
(d) Civil action; limitation period.
(e) Release or subordination.
(f) Definitions.
1369. Treatment of transactions to evade liability; effect
of corporate reorganization.
(a) Treatment of transactions to evade liability.
(b) Effect of corporate reorganization.
1370. Enforcement authority relating to terminations of
single-employer plans.
(a) In general.
(b) Status of plan as party to action and with
respect to legal process.
(c) Jurisdiction and venue.
(d) Right of corporation to intervene.
(e) Awards of costs and expenses.
(f) Limitation on actions.
1371. Penalty for failure to timely provide required
information.
SUBTITLE E - SPECIAL PROVISIONS FOR MULTIEMPLOYER PLANS
PART 1 - EMPLOYER WITHDRAWALS
1381. Withdrawal liability established; criteria and
definitions.
1382. Determination and collection of liability;
notification of employer.
1383. Complete withdrawal.
(a) Determinative factors.
(b) Building and construction industry.
(c) Entertainment industry.
(d) Other determinative factors.
(e) Date of complete withdrawal.
(f) Special liability withdrawal rules for
industries other than construction and
entertainment industries; procedures
applicable to amend plans.
1384. Sale of assets.
(a) Complete or partial withdrawal not occurring as
a result of sale and subsequent cessation of
covered operations or cessation of obligation
to contribute to covered operations;
continuation of liability of seller.
(b) Liability of purchaser.
(c) Variances or exemptions from continuation of
liability of seller; procedures applicable.
(d) "Unrelated party" defined.
1385. Partial withdrawals.
(a) Determinative factors.
(b) Criteria applicable.
(c) Retail food industry.
(d) Continuation of liability of employer for
partial withdrawal under amended plan.
1386. Adjustment for partial withdrawal; determination of
amount; reduction for partial withdrawal liability;
procedures applicable.
1387. Reduction or waiver of complete withdrawal liability;
procedures and standards applicable.
1388. Reduction of partial withdrawal liability.
(a) Obligation of employer for payments for partial
withdrawal for plan years beginning after the
second consecutive plan year following the
partial withdrawal year; criteria applicable;
furnishing of bond in lieu of payment of
partial withdrawal liability.
(b) Obligation of employer for payments for partial
withdrawal for plan years beginning after the
second consecutive plan year; other criteria
applicable.
(c) Pro rata reduction of amount of partial
withdrawal liability payment of employer for
plan year following partial withdrawal year.
(d) Building and construction industry;
entertainment industry.
(e) Reduction or elimination of partial withdrawal
liability under any conditions; criteria;
procedures applicable.
1389. De minimis rule.
(a) Reduction of unfunded vested benefits allocable
to employer withdrawn from plan.
(b) Amendment of plan for reduction of amount of
unfunded vested benefits allocable to employer
withdrawn from plan.
(c) Nonapplicability.
(d) Presumption of employer withdrawal from plan
pursuant to agreement or arrangement
applicable in action or proceeding to
determine or collect withdrawal liability.
1390. Nonapplicability of withdrawal liability for certain
temporary contribution obligation periods; exception.
1391. Methods for computing withdrawal liability.
(a) Determination of amount of unfunded vested
benefits allocable to employer withdrawn from
plan.
(b) Factors determining computation of amount of
unfunded vested benefits allocable to employer
withdrawn from plan.
(c) Amendment of multiemployer plan for
determination respecting amount of unfunded
vested benefits allocable to employer
withdrawn from plan; factors determining
computation of amount.
(d) Method of calculating allocable share of
employer of unfunded vested benefits set forth
in subsection (c)(3) of this section;
applicability of certain statutory provisions.
(e) Reduction of liability of withdrawn employer in
case of transfer of liabilities to another
plan incident to withdrawal or partial
withdrawal of employer.
(f) Computations applicable in case of withdrawal
following merger of multiemployer plans.
1392. Obligation to contribute.
(a) "Obligation to contribute" defined.
(b) Payments of withdrawal liability not considered
contributions.
(c) Transactions to evade or avoid liability.
1393. Actuarial assumptions.
(a) Use by plan actuary in determining unfunded
vested benefits of a plan for computing
withdrawal liability of employer.
(b) Factors determinative of unfunded vested
benefits of plan for computing withdrawal
liability of employer.
(c) Determination of amount of unfunded vested
benefits.
1394. Application of plan amendments; exception.
1395. Plan notification to corporation of potentially
significant withdrawals.
1396. Special rules for plans under section 404(c) of title
26.
(a) Amount of withdrawal liability; determinative
factors.
(b) Covered plans.
(c) Amount of liability of employer; "a year of
signatory service" defined.
1397. Application of part in case of certain pre-1980
withdrawals; adjustment of covered plan.
1398. Withdrawal not to occur because of change in business
form or suspension of contributions during labor
dispute.
1399. Notice, collection, etc., of withdrawal liability.
(a) Furnishing of information by employer to plan
sponsor.
(b) Notification, demand for payment, and review
upon complete or partial withdrawal by
employer.
(c) Payment requirements; amount, etc.
(d) Applicability of statutory prohibitions.
1400. Approval of amendments.
(a) Amendment of covered multiemployer plan;
procedures applicable.
(b) Amendment respecting methods for computing
withdrawal liability.
(c) Criteria for disapproval by corporation.
1401. Resolution of disputes.
(a) Arbitration proceedings; matters subject to
arbitration, procedures applicable, etc.
(b) Alternative collection proceedings; civil
action subsequent to arbitration award;
conduct of arbitration proceedings.
(c) Presumption respecting finding of fact by
arbitrator.
(d) Payments by employer prior and subsequent to
determination by arbitrator; adjustments;
failure of employer to make payments.
(e) Furnishing of information by plan sponsor to
employer respecting computation of withdrawal
liability of employer; fees.
1402. Reimbursements for uncollectible withdrawal liability.
(a) Required supplemental program to reimburse for
payments due from employers uncollectible as a
result of employer involvement in bankruptcy
case or proceedings; program participation,
premiums, etc.
(b) Discretionary supplemental program to reimburse
for payments due from employers uncollectible
for other appropriate reasons.
(c) Payment of cost of program.
(d) Terms and conditions, limitations, etc., of
supplemental program.
(e) Arrangements by corporation with private
insurers for implementation of program;
election of coverage by participating plans
with private insurers.
1403. Withdrawal liability payment fund.
(a) Establishment of or participation in fund by
plan sponsors.
(b) Definitions.
(c) Payments to plan; amount, criteria, etc.
(d) Application of payments by plan.
(e) Subrogation of fund to rights of plan.
(f) Discharge of rights of fiduciary of fund;
standards applicable, etc.
(g) Prohibition on payments from fund to plan where
certain labor negotiations involve employer
withdrawn or partially withdrawn from plan and
continuity of labor organization representing
employees continues.
(h) Purchase of insurance by employer.
(i) Promulgation of regulations for establishment
and maintenance of fund.
1404. Alternative method of withdrawal liability payments.
1405. Limitation on withdrawal liability.
(a) Unfunded vested benefits allocable to employer
in bona fide sale of assets of employer in
arms-length transaction to unrelated party;
maximum amount; determinative factors.
(b) Unfunded vested benefits allocable to insolvent
employer undergoing liquidation or
dissolution; maximum amount; determinative
factors.
(c) Property not subject to enforcement of
liability; precondition.
(d) Insolvency of employer; liquidation or
dissolution value of employer.
(e) One or more withdrawals of employer
attributable to same sale, liquidation, or
dissolution.
PART 2 - MERGER OR TRANSFER OF PLAN ASSETS OR LIABILITIES
1411. Mergers and transfers between multiemployer plans.
(a) Authority of plan sponsor.
(b) Criteria.
(c) Actions not deemed violation of section 1106(a)
or (b)(2) of this title.
(d) Nature of plan to which liabilities are
transferred.
1412. Transfers between a multiemployer plan and a
single-employer plan.
(a) General authority.
(b) Accrued benefit of participant or beneficiary
not lower immediately after effective date of
transfer or merger.
(c) Liability of multiemployer plan to corporation
where single-employer plan terminates within
60 months after effective date of transfer;
amount of liability, exemption, etc.
(d) Guarantee of benefits under single-employer
plan.
(e) Transfer of liabilities by multiemployer plan
to single-employer plan.
(f) Additional requirements by corporation for
protection of interests of plan participants,
beneficiaries and corporation; approval by
corporation of transfer of assets or
liabilities to single-employer plan from plan
in reorganization; covered transfers in
connection with termination.
1413. Partition.
(a) Authority of corporation.
(b) Authority of plan sponsor upon application to
corporation for partition order; procedures
applicable to corporation.
(c) Authority of corporation notwithstanding
pendency of partition proceeding.
(d) Scope of partition order.
(e) Nature of plan created by partition.
(f) Authority of corporation to obtain decree
partitioning plan and appointing trustee for
terminated portion of partitioned plan.
1414. Asset transfer rules.
(a) Applicability and scope.
(b) Exemption of de minimis transfers.
(c) Written reciprocity agreements.
1415. Transfers pursuant to change in bargaining
representative.
(a) Authority to transfer from old plan to new plan
pursuant to employee participation in another
multiemployer plan after certified change of
representative.
(b) Notification by employer of plan sponsor of old
plan; notification by plan sponsor of old plan
of employer and plan sponsor of new plan;
appeal by new plan to prevent transfer;
further proceedings.
(c) Reduction of amount of withdrawal liability of
employer upon transfer of appropriate amount
of assets and liabilities by plan sponsor of
old plan to new plan.
(d) Escrow payments by employer upon complete or
partial withdrawal and prior to transfer.
(e) Prohibition on transfer of assets to new plan
by plan sponsor of old plan; exemptions.
(f) Agreement between plan sponsors of old plan and
new plan to transfer in compliance with other
statutory provisions; reduction of withdrawal
liability of employer from old plan; amount of
withdrawal liability of employer to new plan.
(g) Definitions.
PART 3 - REORGANIZATION; MINIMUM CONTRIBUTION REQUIREMENT FOR
MULTIEMPLOYER PLANS
1421. Reorganization status.
(a) Reorganization index of plan for plan year
greater than zero.
(b) Determination of reorganization index of plan
for plan year; applicable factors,
definitions, etc.
(c) Payment of benefits to participants.
(d) Terminated multiemployer plans.
1422. Notice of reorganization and funding requirements.
1423. Minimum contribution requirement.
(a) Maintenance of funding standard account; amount
of accumulated funding deficiency.
(b) Determination of amount; applicable factors.
(c) Current contribution base; valuation
contribution base.
(d) Maximum amount; amount of funding standard
requirement; applicability to plan amendments
increasing benefits.
(e) Adjustment of vested benefits charge.
(f) Waiver of accumulated funding deficiency.
(g) Statutory methods applicable for
determinations.
1424. Overburden credit against minimum contribution
requirement.
(a) Applicability of overburden credit to
determinations.
(b) Determination of overburden status of plan.
(c) Amount of overburden credit.
(d) Amount of overburden factor.
(e) Definitions; determinative factors.
(f) Eligibility of plan for overburden credit for
plan year.
(g) Overburden credit where 2 or more multiemployer
plans merge.
1425. Adjustments in accrued benefits.
(a) Amendment of multiemployer plan in
reorganization to reduce or eliminate accrued
benefits attributable to employer
contributions ineligible for guarantee of
corporation; adjustment of vested benefits
charge to reflect plan amendment.
(b) Reduction of accrued benefits; notice by plan
sponsors to plan participants and
beneficiaries.
(c) Recoupment by plan of excess benefit payment.
(d) Amendment of plan to increase or restore
accrued benefits previously reduced or rate of
future benefit accruals; conditions,
applicable factors, etc.
(e) "Inactive participant" defined.
(f) Promulgation of rules; contents, etc.
1426. Insolvent plans.
(a) Suspension of payments of benefits; conditions,
amount, etc.
(b) Determination of insolvency status for plan
year; definitions.
(c) Determination by plan sponsor of plan in
reorganization of resource benefit level of
plan for each insolvency year; uniform
application of suspension of benefits;
adjustments of benefit payments.
(d) Applicability and determinations respecting
plan assets; time for determinations of
resource benefit level and level of basic
benefits.
(e) Notice, etc., requirements of plan sponsor of
plan in reorganization regarding insolvency
and resource benefit levels.
(f) Financial assistance from corporation;
conditions and criteria applicable.
PART 4 - FINANCIAL ASSISTANCE
1431. Assistance by corporation.
(a) Authority; procedure applicable; amount.
(b) Conditions; repayment terms.
(c) Assistance pending final determination of
application.
PART 5 - BENEFITS AFTER TERMINATION
1441. Benefits under certain terminated plans.
(a) Amendment of plan by plan sponsor to reduce
benefits, and suspension of benefit payments.
(b) Determinations respecting value of
nonforfeitable benefits under terminated plan
and value of assets of plan.
(c) Amendment of plan by plan sponsor to reduce
benefits for conservation of assets; factors
applicable.
(d) Suspension of benefit payments; determinative
factors; powers and duties of plan sponsor;
retroactive benefit payments.
PART 6 - ENFORCEMENT
1451. Civil actions.
(a) Persons entitled to maintain actions.
(b) Failure of employer to make withdrawal
liability payment within prescribed time.
(c) Jurisdiction of Federal and State courts.
(d) Venue and service of process.
(e) Costs and expenses.
(f) Time limitations.
(g) Service of complaint on corporation;
intervention by corporation.
1452. Penalty for failure to provide notice.
1453. Election of plan status.
(a) Authority, time, and criteria.
(b) Requirements.
(c) Effective date.
SUBTITLE F - TRANSITION RULES AND EFFECTIVE DATES
1461. Effective date; special rules.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 441 of this title; title 7
section 1a; title 15 sections 77b, 78c, 631b, 662; title 18 section
1027; title 20 section 1085; title 26 sections 412, 414; title 26
section 404; title 31 section 9502; title 42 sections 1395w-22,
1396s, 1396u-2; title 45 section 743.
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