Title 29 — Labor
Part 3 · Chapter 18 — Employee Retirement Income Security Program
§ 1082. Minimum funding standards
Statutory text
Requirement to meet minimum funding standard
In general
A plan to which this part applies shall satisfy the minimum funding standard applicable to the plan for any plan year.
Minimum funding standard
For purposes of paragraph (1), a plan shall be treated as satisfying the minimum funding standard for a plan year if—
in the case of a defined benefit plan which is a single-employer plan (other than a CSEC plan), the employer makes contributions to or under the plan for the plan year which, in the aggregate, are not less than the minimum required contribution determined under section 1083 of this title for the plan for the plan year,
in the case of a money purchase plan which is a single-employer plan, the employer makes contributions to or under the plan for the plan year which are required under the terms of the plan,
in the case of a multiemployer plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 1084 of this title as of the end of the plan year, and
in the case of a CSEC plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 1085a of this title as of the end of the plan year.
Liability for contributions
In general
Except as provided in paragraph (2), the amount of any contribution required by this section (including any required installments under paragraphs (3) and (4) of section 1083(j) of this title or under section 1085a(f) of this title) shall be paid by the employer responsible for making contributions to or under the plan.
Joint and several liability where employer member of controlled group
If the employer referred to in paragraph (1) is a member of a controlled group, each member of such group shall be jointly and severally liable for payment of such contributions.
Multiemployer plans in critical status
Paragraph (1) shall not apply in the case of a multiemployer plan for any plan year in which the plan is in critical status pursuant to section 1085 of this title. This paragraph shall only apply if the plan sponsor adopts a rehabilitation plan in accordance with section 1085(e) of this title and complies with the terms of such rehabilitation plan (and any updates or modifications of the plan).
Variance from minimum funding standards
Waiver in case of business hardship
In general
If—
an employer is (or in the case of a multiemployer plan or a CSEC plan, 10 percent or more of the number of employers contributing to or under the plan are) unable to satisfy the minimum funding standard for a plan year without temporary substantial business hardship (substantial business hardship in the case of a multiemployer plan), and
application of the standard would be adverse to the interests of plan participants in the aggregate,
the Secretary of the Treasury may, subject to subparagraph (C), waive the requirements of subsection (a) for such year with respect to all or any portion of the minimum funding standard. The Secretary of the Treasury shall not waive the minimum funding standard with respect to a plan for more than 3 of any 15 (5 of any 15 in the case of a multiemployer plan) consecutive plan years.
Effects of waiver
If a waiver is granted under subparagraph (A) for any plan year—
in the case of a single-employer plan (other than a CSEC plan), the minimum required contribution under section 1083 of this title for the plan year shall be reduced by the amount of the waived funding deficiency and such amount shall be amortized as required under section 1083(e) of this title,
in the case of a multiemployer plan, the funding standard account shall be credited under section 1084(b)(3)(C) of this title with the amount of the waived funding deficiency and such amount shall be amortized as required under section 1084(b)(2)(C) of this title, and
in the case of a CSEC plan, the funding standard account shall be credited under section 1085a(b)(3)(C) of this title with the amount of the waived funding deficiency and such amount shall be amortized as required under section 1085a(b)(2)(C) of this title.
Waiver of amortized portion not allowed
The Secretary of the Treasury may not waive under subparagraph (A) any portion of the minimum funding standard under subsection (a) for a plan year which is attributable to any waived funding deficiency for any preceding plan year.
Determination of business hardship
For purposes of this subsection, the factors taken into account in determining temporary substantial business hardship (substantial business hardship in the case of a multiemployer plan) shall include (but shall not be limited to) whether or not—
the employer is operating at an economic loss,
there is substantial unemployment or underemployment in the trade or business and in the industry concerned,
the sales and profits of the industry concerned are depressed or declining, and
it is reasonable to expect that the plan will be continued only if the waiver is granted.
Waived funding deficiency
For purposes of this part, the term “waived funding deficiency” means the portion of the minimum funding standard under subsection (a) (determined without regard to the waiver) for a plan year waived by the Secretary of the Treasury and not satisfied by employer contributions.
Security for waivers for single-employer plans, consultations
Security may be required
In general
Except as provided in subparagraph (C), the Secretary of the Treasury may require an employer maintaining a defined benefit plan which is a single-employer plan (within the meaning of section 1301(a)(15) of this title) to provide security to such plan as a condition for granting or modifying a waiver under paragraph (1) or for granting an extension under section 1085a(d) of this title.
Special rules
Any security provided under clause (i) may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Corporation, by a contributing sponsor (within the meaning of section 1301(a)(13) of this title), or a member of such sponsor’s controlled group (within the meaning of section 1301(a)(14) of this title).
Consultation with the Pension Benefit Guaranty Corporation
Except as provided in subparagraph (C), the Secretary of the Treasury shall, before granting or modifying a waiver under this subsection or an extension under 1085a(d) 1 of this title with respect to a plan described in subparagraph (A)(i)—
provide the Pension Benefit Guaranty Corporation with—
notice of the completed application for any waiver, modification, or extension, and
an opportunity to comment on such application within 30 days after receipt of such notice, and
consider—
any comments of the Corporation under clause (i)(II), and
any views of any employee organization (within the meaning of section 1002(4) of this title) representing participants in the plan which are submitted in writing to the Secretary of the Treasury in connection with such application.
Information provided to the Corporation under this subparagraph shall be considered tax return information and subject to the safeguarding and reporting requirements of section 6103(p) of title 26.
Exception for certain waivers or extensions
In general
The preceding provisions of this paragraph shall not apply to any plan with respect to which the sum of—
the aggregate unpaid minimum required contributions for the plan year and all preceding plan years, or the accumulated funding deficiency under section 1085a of this title, whichever is applicable,
the present value of all waiver amortization installments determined for the plan year and succeeding plan years under section 1083(e)(2) or 1085a(b)(2)(C) of this title, whichever is applicable, and
the total amounts not paid by reason of an extension in effect under section 1085a(d) of this title,
is less than $1,000,000.
Treatment of waivers or extensions for which applications are pending
The amount described in clause (i)(I) shall include any increase in such amount which would result if all applications for waivers or extensions with respect to the minimum funding standard under this subsection which are pending with respect to such plan were denied.
Unpaid minimum required contribution
For purposes of this subparagraph—
In general
The term “unpaid minimum required contribution” means, with respect to any plan year, any minimum required contribution under section 1083 of this title for the plan year which is not paid on or before the due date (as determined under section 1083(j)(1) of this title) for the plan year.
Ordering rule
For purposes of subclause (I), any payment to or under a plan for any plan year shall be allocated first to unpaid minimum required contributions for all preceding plan years on a first-in, first-out basis and then to the minimum required contribution under section 1083 of this title for the plan year.
Special rules for single-employer plans
Application must be submitted before date 2½ months after close of year
In the case of a single-employer plan, no waiver may be granted under this subsection with respect to any plan for any plan year unless an application therefor is submitted to the Secretary of the Treasury not later than the 15th day of the 3rd month beginning after the close of such plan year.
Special rule if employer is member of controlled group
In the case of a single-employer plan, if an employer is a member of a controlled group, the temporary substantial business hardship requirements of paragraph (1) shall be treated as met only if such requirements are met—
with respect to such employer, and
with respect to the controlled group of which such employer is a member (determined by treating all members of such group as a single employer).
The Secretary of the Treasury may provide that an analysis of a trade or business or industry of a member need not be conducted if such Secretary determines such analysis is not necessary because the taking into account of such member would not significantly affect the determination under this paragraph.
Advance notice
In general
The Secretary of the Treasury shall, before granting a waiver under this subsection, require each applicant to provide evidence satisfactory to such Secretary that the applicant has provided notice of the filing of the application for such waiver to each affected party (as defined in section 1301(a)(21) of this title). Such notice shall include a description of the extent to which the plan is funded for benefits which are guaranteed under subchapter III and for benefit liabilities.
Consideration of relevant information
The Secretary of the Treasury shall consider any relevant information provided by a person to whom notice was given under subparagraph (A).
Restriction on plan amendments
In general
No amendment of a plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan shall be adopted if a waiver under this subsection or an extension of time under section 1084(d) of this title or section 1085a(d) of this title is in effect with respect to the plan, or if a plan amendment described in subsection (d)(2) which reduces the accrued benefit of any participant has been made at any time in the preceding 12 months (24 months in the case of a multiemployer plan). If a plan is amended in violation of the preceding sentence, any such waiver, or extension of time, shall not apply to any plan year ending on or after the date on which such amendment is adopted.
Exception
Subparagraph (A) shall not apply to any plan amendment which—
the Secretary of the Treasury determines to be reasonable and which provides for only de minimis increases in the liabilities of the plan,
only repeals an amendment described in subsection (d)(2), or
is required as a condition of qualification under part I of subchapter D of chapter 1 of title 26.
Cross reference
For corresponding duties of the Secretary of the Treasury with regard to implementation of title 26, see section 412(c) of title 26.
Miscellaneous rules
Change in method or year
If the funding method or a plan year for a plan is changed, the change shall take effect only if approved by the Secretary of the Treasury.
Certain retroactive plan amendments
For purposes of this section, any amendment applying to a plan year which—
is adopted after the close of such plan year but no later than 2½ months after the close of the plan year (or, in the case of a multiemployer plan, no later than 2 years after the close of such plan year),
does not reduce the accrued benefit of any participant determined as of the beginning of the first plan year to which the amendment applies, and
does not reduce the accrued benefit of any participant determined as of the time of adoption except to the extent required by the circumstances,
shall, at the election of the plan administrator, be deemed to have been made on the first day of such plan year. No amendment described in this paragraph which reduces the accrued benefits of any participant shall take effect unless the plan administrator files a notice with the Secretary of the Treasury notifying him of such amendment and such Secretary has approved such amendment, or within 90 days after the date on which such notice was filed, failed to disapprove such amendment. No amendment described in this subsection shall be approved by the Secretary of the Treasury unless such Secretary determines that such amendment is necessary because of a temporary substantial business hardship (as determined under subsection (c)(2)) or a substantial business hardship (as so determined) in the case of a multiemployer plan and that a waiver under subsection (c) (or, in the case of a multiemployer plan or a CSEC plan, any extension of the amortization period under section 1084(d) of this title or section 1085a(d) of this title) is unavailable or inadequate.
Controlled group
For purposes of this section, the term “controlled group” means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of title 26.
Footnotes
- 1 So in original. Probably should be preceded by “section”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Employee Retirement Income Security Act of 1974
Pub. L. 93–406 title I § 302 · 88 Stat. 829
Enacted · 29 U.S.C. § 1082
Pub. L. 93–406, title I, § 302, as added and amended Pub. L. 109–280, title I, § 101(b), title II, § 202(d), Aug. 17, 2006, 120 Stat. 784, 885
Source evidence
Code source credit
Pub. L. 93–406, title I, § 302, as added and amended Pub. L. 109–280, title I, § 101(b), title II, § 202(d), Aug. 17, 2006, 120 Stat. 784, 885Enacted provision · exact public law section
Sec. 302. minimum funding standards (a) (1) Every employee pension benefit plan subject to 29 USC 1082. this part shall satisfy the minimum funding standard (or the alternative minimum funding standard under section 305) for any plan year to which this part applies. A plan to which this part applies shall have satisfied the minimum funding standard for such plan for a plan year if as of the end of such plan year the plan does not have an accumulated funding deficiency. (2) For the purposes of this part, the term “accumulated funding “Accumulated funding deficiency.” deficiency” means for any plan the excess of the total charges to the funding standard account for all plan years (beginning with the first plan year to which this part applies) over the total credits to such account for such years or, if less, the excess of the total charges to the alternative minimum funding standard account for such plan years over the total credits to such account for such years. (b) (1) Each plan to which this part applies shall establish and Funding standard account. maintain a funding standard account. Such account shall be credited and charged solely as provided in this section. (2) For a plan year, the funding standard account shall be charged with the sum of— (A) the normal cost of the plan for the plan year, (B) the amounts necessary to amortize in equal annual installments (until fully amortized)— (i) in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this part applies, over a period of 40 plan years, (ii) in the case of a plan which comes into existence after January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this part applies, over a period of 30 plan years (40 plan years in the case of a multiemployer plan), (iii) separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan), (iv) separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and (v) separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years, (C) the amount necessary to amortize each waived funding deficiency (within the meaning of section 303 (c)) for each prior plan year in equal annual installments (until fully amortized) over a period of 15 plan years, and (D) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D). (3) For a plan year, the funding standard account shall be credited with the sum of— (A) the amount considered contributed by the employer to or under the plan for the plan year, (B) the amount necessary to amortize in equal annual installments (until fully amortized)— (i) separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan), (ii) separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and (iii) separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years. (C) the amount of the waived funding deficiency (within the meaning of section 303(c)) for the plan year, and (D) in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account. (4) Under regulations prescribed by the Secretary of the Treasury, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be— (A) may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and (B) may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining amortization periods for all items entering into whichever of the two amounts being offset is the greater. (5) The funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary of the Treasury) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. (c) (1) For purposes of this part, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan. (2) (A) For purposes of this part, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary of the Treasury. (B) For purposes of this part, the value of a bond or other evidence of indebtedness which is not in default as to principal or interest may, at the election of the plan administrator, be determined on an amortized basis running from initial cost at purchase to par value at maturity or earliest call date. Any election under this subparagraph shall be made at such time and in such manner as the Secretary of the Treasury shall by regulations provide, shall apply to all such evidences of indebtedness, and may be revoked only with the consent of the Secretary of the Treasury. (3) For purposes of this part, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods which, in the aggregate, are reasonable (taking into account the experience of the plan and reasonable expectations) and which, in combination, offer the actuary’s best estimate of anticipated experience under the plan. (4) For purposes of this section, if— (A) a change in benefits under the Social Security Act or in 42 USC 1305. other retirement benefits created under Federal or State law, or (B) a change in the definition of the term “wages” under section 3121 of the Internal Revenue Code of 1954, or a change in 26 USC 3121. the amount of such wages taken into account under regulations prescribed for purposes of section 401(a)(5) of the Internal Revenue Code of 1954, results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain. (5) If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary of the Treasury. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary of the Treasury. (6) If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (g)) in excess of the full funding limitation— (A) the funding standard account shall be credited with the amount of such excess, and (B) all amounts described in paragraphs (2), (B), (C), and (D) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs. (7) For purposes of paragraph (6), the term “full funding limitation” “Full funding limitation.” means the excess (if any) of— (A) the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over (B) the lesser of the fair market value of the plan’s assets or the value of such assets determined under paragraph (2). (8) For purposes of this part, any amendment applying to a plan year which— (A) is adopted after the close of such plan year but no later than 2½ months after the close of the plan year (or, in the case of a multiemployer plan, no later than 2 years after the close of such plan year), (B) does not reduce the accrued benefit of any participant determined as of the beginning of the first plan year to which the amendment applies, and (C) does not reduce the accrued benefit of any participant determined as of the time of adoption except to the extent required by the circumstances, shall, at the election of the plan administrator, be deemed to have been made on the first day of such plan year. No amendment described in this paragraph which reduces the accrued benefits of any participant shall take effect unless the plan administrator files a notice with the Secretary notifying him of such amendment and the Secretary has approved such amendment or, within 90 days after the date on which such notice was filed, failed to disapprove such amendment. No amendment described in this subsection shall be approved by the Secretary unless he determines that such amendment is necessary because of a substantial business hardship (as determined under section 303(b)) and that waiver under section 303(a) is unavailable or inadequate. (9) For purposes of this part, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every 3 years, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary of the Treasury. (10) For purposes of this part, any contributions for a plan year made by an employer after the last day of such plan year, but not later than 2½ months after such day, shall be deemed to have been made on such last day. For purposes of this paragraph, such 2½ month period may be extended for not more than 6 months under regulations prescribed by the Secretary of the Treasury. (d) Cross Reference.— For alternative amortization method for certain multiemployer plans see section 1018(d) of this Act. Post, p. 914.Pub. L. 109–280 § 202(d) · 120 Stat. 780
Added · 29 U.S.C. § 1082(b)(3)
Pub. L. 109–280, § 202(d), added par. (3)
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 109–280, § 202(d), added par. (3).Enacted provision · exact public law section
(d) No Additional Contributions Required.— Section 302(b) of the Employee Retirement Income Security Act of 1974, as amended by this Act, 29 USC 1082. is amended by adding at the end the following new paragraph: “(3) Multiemployer plans in critical status.— Paragraph (1) shall not apply in the case of a multiemployer plan for any plan year in which the plan is in critical status pursuant to section 305. This paragraph shall only apply if the plan adopts a rehabilitation plan in accordance with section 305(e) and complies with the terms of such rehabilitation plan (and any updates or modifications of the plan).” .Worker, Retiree, and Employer Recovery Act of 2008
Pub. L. 110–458 § 102(b)(1)(A) · 122 Stat. 5092
Substituted · 29 U.S.C. § 1082(b)(3)
Pub. L. 110–458, § 102(b)(1)(A), substituted “the plan sponsor adopts” for “the plan adopts”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 110–458, § 102(b)(1)(A), substituted “the plan sponsor adopts” for “the plan adopts”.Enacted provision · exact public law section
(A) Section 302(b)(3) of ERISA 29 USC 1082. is amended by striking “the plan adopts” and inserting “the plan sponsor adopts”.Worker, Retiree, and Employer Recovery Act of 2008
Pub. L. 110–458 § 101(a)(1)(A) · 122 Stat. 5092
Substituted · 29 U.S.C. § 1082(c)(1)(A)(i)
Pub. L. 110–458, § 101(a)(1)(A), substituted “the plan are” for “the plan is”
Source evidence
Code amendment note
Subsec. (c)(1)(A)(i). Pub. L. 110–458, § 101(a)(1)(A), substituted “the plan are” for “the plan is”.Enacted provision · exact public law section
(A) Clause (i) of section 302(c)(1)(A) of ERISA 29 USC 1082. is amended by striking “the plan is” and inserting “the plan are”.Worker, Retiree, and Employer Recovery Act of 2008
Pub. L. 110–458 § 101(a)(1)(B) · 122 Stat. 5092
Inserted · 29 U.S.C. § 1082(c)(7)(A)
Pub. L. 110–458, § 101(a)(1)(B), inserted “which reduces the accrued benefit of any participant” after “subsection (d)(2)”
Source evidence
Code amendment note
Subsec. (c)(7)(A). Pub. L. 110–458, § 101(a)(1)(B), inserted “which reduces the accrued benefit of any participant” after “subsection (d)(2)”.Enacted provision · exact public law section
(B) Section 302(c)(7) of ERISA is amended by inserting “which reduces the accrued benefit of any participant” after “subsection (d)(2)” in subparagraph (A).Worker, Retiree, and Employer Recovery Act of 2008
Pub. L. 110–458 § 101(a)(1)(C) · 122 Stat. 5092
Struck · 29 U.S.C. § 1082(d)(1)
Pub. L. 110–458, § 101(a)(1)(C), struck out “, the valuation date,” after “funding method”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 110–458, § 101(a)(1)(C), struck out “, the valuation date,” after “funding method”.Enacted provision · exact public law section
(C) Section 302(d)(1) of ERISA is amended by striking “, the valuation date,”.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(M) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(a)(2)(A)
Pub. L. 113–97, § 102(b)(2)(M), substituted “single-employer plan (other than a CSEC plan)” for “single-employer plan”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 113–97, § 102(b)(2)(M), substituted “single-employer plan (other than a CSEC plan)” for “single-employer plan”.Enacted provision · exact public law section
(M) by striking “single-employer plan” in subparagraph (A) of subsection (a)(2) and in clause (i) of subsection (c)(1)(B) and inserting “single-employer plan (other than a CSEC plan)”.Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(1) · 128 Stat. 1101
Added · 29 U.S.C. § 1082(a)(2)(D)
Pub. L. 113–97, § 102(b)(1), added subpar. (D)
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 113–97, § 102(b)(1), added subpar. (D).Enacted provision · exact public law section
(1) In general.— Paragraph (2) of section 302(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(a)) is amended by striking “and” at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting “, and”, and by inserting at the end thereof the following new subparagraph: “(D) in the case of a CSEC plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 306 as of the end of the plan year.” .Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(B) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(b)(1)
Pub. L. 113–97, § 102(b)(2)(B), substituted “section 1083(j) of this title or under section 1085a(f) of this title” for “section 1083(j) of this title”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 113–97, § 102(b)(2)(B), substituted “section 1083(j) of this title or under section 1085a(f) of this title” for “section 1083(j) of this title”.Enacted provision · exact public law section
(B) by striking “303(j)” in paragraph (1) of subsection (b) and inserting “303(j) or under section 306(f)”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(A) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(1)(A)(i)
Pub. L. 113–97, § 102(b)(2)(A), substituted “multiemployer plan or a CSEC plan, 10 percent” for “multiemployer plan, 10 percent”
Source evidence
Code amendment note
Subsec. (c)(1)(A)(i). Pub. L. 113–97, § 102(b)(2)(A), substituted “multiemployer plan or a CSEC plan, 10 percent” for “multiemployer plan, 10 percent”.Enacted provision · exact public law section
(A) by striking “multiemployer plan” the first place it appears in clause (i) of subsection (c)(1)(A) and the last place it appears in paragraph (2) of subsection (d), and inserting “multiemployer plan or a CSEC plan”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(M) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(1)(B)(i)
Pub. L. 113–97, § 102(b)(2)(M), substituted “single-employer plan (other than a CSEC plan)” for “single-employer plan”
Source evidence
Code amendment note
Subsec. (c)(1)(B)(i). Pub. L. 113–97, § 102(b)(2)(M), substituted “single-employer plan (other than a CSEC plan)” for “single-employer plan”.Enacted provision · exact public law section
(M) by striking “single-employer plan” in subparagraph (A) of subsection (a)(2) and in clause (i) of subsection (c)(1)(B) and inserting “single-employer plan (other than a CSEC plan)”.Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(C) · 128 Stat. 1101
Added · 29 U.S.C. § 1082(c)(1)(B)(iii)
Pub. L. 113–97, § 102(b)(2)(C), added cl. (iii)
Source evidence
Code amendment note
Subsec. (c)(1)(B)(iii). Pub. L. 113–97, § 102(b)(2)(C), added cl. (iii).Enacted provision · exact public law section
(C) (i) by striking “and” at the end of clause (i) of subsection (c)(1)(B), (ii) by striking the period at the end of clause (ii) of subsection (c)(1)(B), and inserting “, and”, and (iii) by inserting the following new clause after clause (ii) of subsection (c)(1)(B): “(iii) in the case of a CSEC plan, the funding standard account shall be credited under section 306(b)(3)(C) with the amount of the waived funding deficiency and such amount shall be amortized as required under section 306(b)(2)(C).” ,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(D) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(A)(i)
Pub. L. 113–97, § 102(b)(2)(D), substituted “under paragraph (1) or for granting an extension under section 1085a(d) of this title” for “under paragraph (1)”
Source evidence
Code amendment note
Subsec. (c)(4)(A)(i). Pub. L. 113–97, § 102(b)(2)(D), substituted “under paragraph (1) or for granting an extension under section 1085a(d) of this title” for “under paragraph (1)”.Enacted provision · exact public law section
(D) by striking “under paragraph (1)” in clause (i) of subsection (c)(4)(A) and inserting “under paragraph (1) or for granting an extension under section 306(d)”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(E) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(B)
Pub. L. 113–97, § 102(b)(2)(E), substituted “waiver under this subsection or an extension under 1085a(d) of this title” for “waiver under this subsection” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(4)(B). Pub. L. 113–97, § 102(b)(2)(E), substituted “waiver under this subsection or an extension under 1085a(d) of this title” for “waiver under this subsection” in introductory provisions.Enacted provision · exact public law section
(E) by striking “waiver under this subsection” in subparagraph (B) of subsection (c)(4) and inserting “waiver under this subsection or an extension under 306(d)”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(F) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(B)(i)(I)
Pub. L. 113–97, § 102(b)(2)(F), substituted “waiver, modification, or extension” for “waiver or modification”
Source evidence
Code amendment note
Subsec. (c)(4)(B)(i)(I). Pub. L. 113–97, § 102(b)(2)(F), substituted “waiver, modification, or extension” for “waiver or modification”.Enacted provision · exact public law section
(F) by striking “waiver or modification” in subclause (I) of subsection (c)(4)(B)(i) and inserting “waiver, modification, or extension”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(G) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(C)
Pub. L. 113–97, § 102(b)(2)(G), substituted “waivers or extensions” for “waivers” in heading
Source evidence
Code amendment note
Subsec. (c)(4)(C). Pub. L. 113–97, § 102(b)(2)(G), substituted “waivers or extensions” for “waivers” in heading.Enacted provision · exact public law section
(G) by striking “waivers” in the heading of subsection (c)(4)(C) and of clause (ii) of subsection (c)(4)(C) and inserting “waivers or extensions”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(I) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(C)(i)(I)
Pub. L. 113–97, § 102(b)(2)(I), substituted “or the accumulated funding deficiency under section 1085a of this title, whichever is applicable,” for “and” at end
Source evidence
Code amendment note
Subsec. (c)(4)(C)(i)(I). Pub. L. 113–97, § 102(b)(2)(I), substituted “or the accumulated funding deficiency under section 1085a of this title, whichever is applicable,” for “and” at end.Enacted provision · exact public law section
(I) by striking “and” at the end of subclause (I) of subsection (c)(4)(C)(i) and adding “or the accumulated funding deficiency under section 306, whichever is applicable,”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(J) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(C)(i)(II)
Pub. L. 113–97, § 102(b)(2)(J), substituted “section 1083(e)(2) or 1085a(b)(2)(C) of this title, whichever is applicable, and” for “section 1083(e)(2) of this title,”
Source evidence
Code amendment note
Subsec. (c)(4)(C)(i)(II). Pub. L. 113–97, § 102(b)(2)(J), substituted “section 1083(e)(2) or 1085a(b)(2)(C) of this title, whichever is applicable, and” for “section 1083(e)(2) of this title,”.Enacted provision · exact public law section
(J) by striking “303(e)(2),” in subclause (II) of subsection (c)(4)(C)(i) and inserting “303(e)(2) or 306(b)(2)(C), whichever is applicable, and”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(K) · 128 Stat. 1101
Added · 29 U.S.C. § 1082(c)(4)(C)(i)(III)
Pub. L. 113–97, § 102(b)(2)(K), added subcl. (III)
Source evidence
Code amendment note
Subsec. (c)(4)(C)(i)(III). Pub. L. 113–97, § 102(b)(2)(K), added subcl. (III).Enacted provision · exact public law section
(K) by adding immediately after subclause (II) of subsection (c)(4)(C)(i) the following new subclause: “(III) the total amounts not paid by reason of an extension in effect under section 306(d),” ,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(L) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(C)(ii)
Pub. L. 113–97, § 102(b)(2)(L), substituted “for waivers or extensions with respect to” for “for waivers of”
Source evidence
Code amendment note
Subsec. (c)(4)(C)(ii). Pub. L. 113–97, § 102(b)(2)(L), substituted “for waivers or extensions with respect to” for “for waivers of”.Enacted provision · exact public law section
(L) by striking “for waivers of” in clause (ii) of subsection (c)(4)(C) and inserting “for waivers or extensions with respect to”, andEffective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(G) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(4)(C)(ii)
Pub. L. 113–97, § 102(b)(2)(G), substituted “waivers or extensions” for “waivers” in heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–97, § 102(b)(2)(G), substituted “waivers or extensions” for “waivers” in heading.Enacted provision · exact public law section
(G) by striking “waivers” in the heading of subsection (c)(4)(C) and of clause (ii) of subsection (c)(4)(C) and inserting “waivers or extensions”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(H) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(c)(7)(A)
Pub. L. 113–97, § 102(b)(2)(H), substituted “section 1084(d) of this title or section 1085a(d) of this title” for “section 1084(d) of this title”
Source evidence
Code amendment note
Subsec. (c)(7)(A). Pub. L. 113–97, § 102(b)(2)(H), substituted “section 1084(d) of this title or section 1085a(d) of this title” for “section 1084(d) of this title”.Enacted provision · exact public law section
(H) by striking “section 304(d)” in subparagraph (A) of subsection (c)(7) and in paragraph (2) of subsection (d) and inserting “section 304(d) or section 306(d)”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(H) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(d)(2)
Pub. L. 113–97, § 102(b)(2)(H), substituted “section 1084(d) of this title or section 1085a(d) of this title” for “section 1084(d) of this title” in concluding provisions
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 113–97, § 102(b)(2)(H), substituted “section 1084(d) of this title or section 1085a(d) of this title” for “section 1084(d) of this title” in concluding provisions.Enacted provision · exact public law section
(H) by striking “section 304(d)” in subparagraph (A) of subsection (c)(7) and in paragraph (2) of subsection (d) and inserting “section 304(d) or section 306(d)”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.Cooperative and Small Employer Charity Pension Flexibility Act
Pub. L. 113–97 § 102(b)(2)(A) · 128 Stat. 1101
Substituted · 29 U.S.C. § 1082(d)(2)
Pub. L. 113–97, § 102(b)(2)(A), substituted “multiemployer plan or a CSEC plan” for “multiemployer plan” in concluding provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–97, § 102(b)(2)(A), substituted “multiemployer plan or a CSEC plan” for “multiemployer plan” in concluding provisions.Enacted provision · exact public law section
(A) by striking “multiemployer plan” the first place it appears in clause (i) of subsection (c)(1)(A) and the last place it appears in paragraph (2) of subsection (d), and inserting “multiemployer plan or a CSEC plan”,Effective date note
Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.
24 of 24 references resolved to an enrolled provision
Notes
Prior Provisions
A prior section 1082, Pub. L. 93–406, title I, § 302, , 88 Stat. 869; Pub. L. 96–364, title III, § 304(b), , 94 Stat. 1293; Pub. L. 100–203, title IX, §§ 9301(b), 9303(b), (d)(2), 9304(a)(2), (b)(2), (e)(2), 9305(b)(2), 9307(a)(2), (b)(2), (e)(2), , 101 Stat. 1330–332, 1330–337, 1330–342, 1330–344, 1330–346, 1330–349, 1330–352, 1330–356 to 1330–358; Pub. L. 100–647, title II, § 2005(a)(2)(B), (d)(2), , 102 Stat. 3610, 3612; Pub. L. 101–239, title VII, §§ 7881(a)(1)(B), (2)(B), (3)(B), (4)(B), (5)(B), (6)(B), (b)(1)(B), (2)(B), (3)(B), (4)(B), (6)(B)(i), (d)(1)(B), (2), (4), 7891(a)(1), 7892(b), 7894(d)(2), (5), , 103 Stat. 2435–2439, 2445, 2447, 2449, 2450; Pub. L. 101–508, title XII, § 12012(c), , 104 Stat. 1388–572; Pub. L. 103–465, title VII, §§ 761(a)(1)–(9)(A), (10), 762(a), 763(a), 764(a), 768(b), , 108 Stat. 5024–5031, 5033–5036, 5041; Pub. L. 105–34, title XV, § 1521(b), (c)(2), (3)(B), title XVI, § 1604(b)(2)(B), , 111 Stat. 1069, 1070, 1097; Pub. L. 107–16, title VI, §§ 651(b), 661(b), , 115 Stat. 129, 142; Pub. L. 107–147, title IV, §§ 405(b), 411(v)(2), , 116 Stat. 42, 52; Pub. L. 108–218, title I, §§ 101(a)(1)–(3), 102(a), 104(a)(1), , 118 Stat. 596, 597, 599, 604; Pub. L. 109–135, title IV, § 412(x)(2), , 119 Stat. 2638; Pub. L. 109–280, title III, § 301(a)(1), (2), , 120 Stat. 919, related to minimum funding standards, prior to repeal by Pub. L. 109–280, title I, § 101(a), (d), , 120 Stat. 784, 789, applicable to plan years beginning after 2007.
Editorial Notes
Amendments2006–2014 · 3 rounds
2014
Subsec. (a)(2)(A). Pub. L. 113–97, § 102(b)(2)(M), substituted “single-employer plan (other than a CSEC plan)” for “single-employer plan”.
Subsec. (a)(2)(D). Pub. L. 113–97, § 102(b)(1), added subpar. (D).
Subsec. (b)(1). Pub. L. 113–97, § 102(b)(2)(B), substituted “section 1083(j) of this title or under section 1085a(f) of this title” for “section 1083(j) of this title”.
Subsec. (c)(1)(A)(i). Pub. L. 113–97, § 102(b)(2)(A), substituted “multiemployer plan or a CSEC plan, 10 percent” for “multiemployer plan, 10 percent”.
Subsec. (c)(1)(B)(i). Pub. L. 113–97, § 102(b)(2)(M), substituted “single-employer plan (other than a CSEC plan)” for “single-employer plan”.
Subsec. (c)(1)(B)(iii). Pub. L. 113–97, § 102(b)(2)(C), added cl. (iii).
Subsec. (c)(4)(A)(i). Pub. L. 113–97, § 102(b)(2)(D), substituted “under paragraph (1) or for granting an extension under section 1085a(d) of this title” for “under paragraph (1)”.
Subsec. (c)(4)(B). Pub. L. 113–97, § 102(b)(2)(E), substituted “waiver under this subsection or an extension under 1085a(d) of this title” for “waiver under this subsection” in introductory provisions.
Subsec. (c)(4)(B)(i)(I). Pub. L. 113–97, § 102(b)(2)(F), substituted “waiver, modification, or extension” for “waiver or modification”.
Subsec. (c)(4)(C). Pub. L. 113–97, § 102(b)(2)(G), substituted “waivers or extensions” for “waivers” in heading.
Subsec. (c)(4)(C)(i)(I). Pub. L. 113–97, § 102(b)(2)(I), substituted “or the accumulated funding deficiency under section 1085a of this title, whichever is applicable,” for “and” at end.
Subsec. (c)(4)(C)(i)(II). Pub. L. 113–97, § 102(b)(2)(J), substituted “section 1083(e)(2) or 1085a(b)(2)(C) of this title, whichever is applicable, and” for “section 1083(e)(2) of this title,”.
Subsec. (c)(4)(C)(i)(III). Pub. L. 113–97, § 102(b)(2)(K), added subcl. (III).
Subsec. (c)(4)(C)(ii). Pub. L. 113–97, § 102(b)(2)(L), substituted “for waivers or extensions with respect to” for “for waivers of”.
Pub. L. 113–97, § 102(b)(2)(G), substituted “waivers or extensions” for “waivers” in heading.
Subsec. (c)(7)(A). Pub. L. 113–97, § 102(b)(2)(H), substituted “section 1084(d) of this title or section 1085a(d) of this title” for “section 1084(d) of this title”.
Subsec. (d)(2). Pub. L. 113–97, § 102(b)(2)(H), substituted “section 1084(d) of this title or section 1085a(d) of this title” for “section 1084(d) of this title” in concluding provisions.
Pub. L. 113–97, § 102(b)(2)(A), substituted “multiemployer plan or a CSEC plan” for “multiemployer plan” in concluding provisions.
2008
Subsec. (b)(3). Pub. L. 110–458, § 102(b)(1)(A), substituted “the plan sponsor adopts” for “the plan adopts”.
Subsec. (c)(1)(A)(i). Pub. L. 110–458, § 101(a)(1)(A), substituted “the plan are” for “the plan is”.
Subsec. (c)(7)(A). Pub. L. 110–458, § 101(a)(1)(B), inserted “which reduces the accrued benefit of any participant” after “subsection (d)(2)”.
Subsec. (d)(1). Pub. L. 110–458, § 101(a)(1)(C), struck out “, the valuation date,” after “funding method”.
2006
Subsec. (b)(3). Pub. L. 109–280, § 202(d), added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–97 applicable to years beginning after , see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–458 effective as if included in the provisions of Pub. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Pub. L. 110–458, set out as a note under section 72 of Title 26, Internal Revenue Code.
Effective Date of 2006 Amendment
Pub. L. 109–280, title II, § 202(f), , 120 Stat. 885, provided that:
“(1) In general.—
The amendments made by this section [enacting section 1085 of this title and amending this section and section 1132 of this title] shall apply with respect to plan years beginning after 2007.
“(2) Special rule for certain notices.—
In any case in which a plan’s actuary certifies that it is reasonably expected that a multiemployer plan will be in critical status under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1085(b)(3)], as added by this section, with respect to the first plan year beginning after 2007, the notice required under subparagraph (D) of such section may be provided at any time after the date of enactment [], so long as it is provided on or before the last date for providing the notice under such subparagraph.
“(3) Special rule for certain restored benefits.—
In the case of a multiemployer plan—
“(A) with respect to which benefits were reduced pursuant to a plan amendment adopted on or after , and before , and
“(B) which, pursuant to the plan document, the trust agreement, or a formal written communication from the plan sponsor to participants provided before , provided for the restoration of such benefits,
the amendments made by this section shall not apply to such benefit restorations to the extent that any restriction on the providing or accrual of such benefits would otherwise apply by reason of such amendments.”
Effective Date
Pub. L. 109–280, title I, § 101(d), , 120 Stat. 789, provided that: “The amendments made by this section [enacting this section and repealing former section 1082 of this title and sections 1083 to 1085, 1085a, 1085b, and 1086 of this title] shall apply to plan years beginning after 2007.”
Regulations
Secretary authorized, effective , to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.
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 Rule for Certain Benefits Funded Under an Agreement Approved by the Pension Benefit Guaranty Corporation
For applicability of amendment by section 202(d) of Pub. L. 109–280 to a multiemployer plan that is a party to an agreement that was approved by the Pension Benefit Guaranty Corporation prior to , and that increases benefits and provides for certain withdrawal liability rules, see section 206 of Pub. L. 109–280, set out as a note under section 412 of Title 26, Internal Revenue Code.
Credits
2006–2014 · 3 acts
- 2006Pub. L. 93–406, title I, § 302, as added and amended Pub. L. 109–280, title I, § 101(b), title II, § 202(d), , 120 Stat. 784, 885
- 2008Pub. L. 110–458, title I, §§ 101(a)(1), 102(b)(1)(A), , 122 Stat. 5093, 5100
- 2014Pub. L. 113–97, title I, § 102(b)(1), (2), , 128 Stat. 1115.
Show as published
(Pub. L. 93–406, title I, § 302, as added and amended Pub. L. 109–280, title I, § 101(b), title II, § 202(d), , 120 Stat. 784, 885; Pub. L. 110–458, title I, §§ 101(a)(1), 102(b)(1)(A), , 122 Stat. 5093, 5100; Pub. L. 113–97, title I, § 102(b)(1), (2), , 128 Stat. 1115.)