§ 1307. Payment of premiums

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.

1. 1974

   Employee Retirement Income Security Act of 1974

   Pub. L. 93–406 title IV § 4007 · 88 Stat. 829

   Enacted · 29 U.S.C. § 1307

   Pub. L. 93–406, title IV, § 4007, Sept. 2, 1974, 88 Stat. 1013

   Source evidence

   Code source credit
   Pub. L. 93–406, title IV, § 4007, Sept. 2, 1974, 88 Stat. 1013

   Enacted provision · exact public law section
   Sec. 4007. payment of premiums (a) The plan administrator of each plan shall pay the 29 USC 1307. premiums imposed by the corporation under this title with respect to that plan when they are due. Any employer obtaining contingent liability coverage under section 4023 shall pay the premiums imposed by the corporation under that section when due. Premiums under this title are payable at the time, and on an estimated, advance, or other basis, as determined by the corporation. Premiums imposed by this title on the date of enactment (applicable to that portion of any plan year during which such date occurs) are due within 30 days after such date. Premiums imposed by this title on the first plan year commencing after the date of enactment of this Act are due within 30 days after such plan year commences. Premiums shall continue to accrue until a plan’s assets are distributed pursuant to a termination procedure, or until a trustee is appointed pursuant to section 4042, whichever is earlier. (b) If any basic benefit premium is not paid when it is due the corporation is authorized to assess a late payment charge of not more than 100 percent of the premium payment which was not timely paid. The preceding sentence shall not apply to any payment of premium made within 60 days after the date on which payment is due, if before such date, the plan administrator obtains a waiver from the corporation based upon a showing of substantial hardship arising from the timely payment of the premium. The corporation is authorized to grant a waiver under this subsection upon application made by the plan administrator, but the corporation may not grant a waiver if it appears that the plan administrator will be unable to pay the premium within 60 days after the date on which it is due. If any premium is not paid by the last date prescribed for a payment, interest on the amount of such premium at the rate imposed under section 6601(a) of the Internal Revenue Code of 1954 26 USC 6601. (relating to interest on underpayment, nonpayment, or extensions of time for payment of tax) shall be paid for the period from such last date to the date paid. (c) If any plan administrator fails to pay a premium when due, the corporation is authorized to bring a civil action in any district court of the United States within the jurisdiction of which the plan assets are located, the plan is administered, or in which a defendant resides or is found for the recovery of the amount of the premium penalty, and interest, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this subsection by the corporation without regard to the amount in controversy. (d) The corporation shall not cease to guarantee basic benefits on account of the failure of a plan administrator to pay any premium when due.

2. 1980

   Multiemployer Pension Plan Amendments Act of 1980

   Pub. L. 96–364 title IV · 94 Stat. 1208

   1. Inserted · 29 U.S.C. § 1307(a)

      Pub. L. 96–364 inserted provisions relating to waiver or reduction of premiums

   2. Struck · 29 U.S.C. § 1307(a)

      Pub. L. 96–364 struck out provisions relating to payment of premiums under statutory requirements respecting contingent liability coverage

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–364 inserted provisions relating to waiver or reduction of premiums, and struck out provisions relating to payment of premiums under statutory requirements respecting contingent liability coverage.

   Enacted provision · exact public law
   TITLE IV— MISCELLANEOUS PROVISIONS SEC. 401. AMENDMENT OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. Whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference is to a section or other provision of the Employee Retirement Income 29 USC 1001 note. Security Act of 1974. SEC. 402. RELATED TECHNICAL AMENDMENTS. (a) (1) Section 4001 is amended— (A) in subsection (a)(2), by inserting “(other than a multiemployer plan)” after “more than one employer”; (B) by striking out subsection (a)(3) and inserting in lieu thereof the following: “(3) ‘multiemployer plan’ means a plan— “(A) to which more than one employer is required to contribute, “(B) which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer, and “(C) which satisfies such other requirements as the Secretary of Labor may prescribe by regulation, except that, in applying this paragraph— “(i) a plan shall be considered a multiemployer plan on and after its termination date if the plan was a multiemployer plan under this paragraph for the plan year preceding such termination, and “(ii) for any plan year which began before the date of the enactment of the Multiemployer Pension Plan Amendments Ante, p. 1208. Act of 1980, the term ‘multiemployer plan’ means a plan described in section 414(f) of the Internal Revenue Code of Ante, p. 1288. 1954 as in effect immediately before such date;”; (C) by striking out subsection (a)(6) and inserting in lieu thereof the following: “(6) ‘basic benefits’ means benefits guaranteed under section “Basic benefits.” 29 USC 1322. Ante, p. 1210. 4022 (other than under section 4022(c)), or under section 4022A (other than under section 4022A(g));”; (D) in subsection (a)(7), by striking out the period and inserting in lieu thereof “or 4022A(g);”; (E) by inserting at the end of subsection (a) the following new Definitions. paragraphs: “(8) ‘nonforfeitable benefit’ means, with respect to a plan, a benefit for which a participant has satisfied the conditions for entitlement under the plan or the requirements of this Act (other than submission of a formal application, retirement, completion of a required waiting period, or death in the case of a benefit which returns all or a portion of a participant’s accumulated mandatory employee contributions upon the participant’s death), whether or not the benefit may subsequently be reduced or suspended by a plan amendment, an occurrence of any condition, or operation of this Act or the Internal Revenue Code of 1954; 26 USC 1. “(9) ‘reorganization index’ means the amount determined under section 4241(b); Ante, p. 1249. “(10) ‘plan sponsor’ means, with respect to a multiemployer plan— “(A) the plan’s joint board of trustees, or “(B) if the plan has no joint board of trustees, the plan administrator, “(11) ‘contribution base unit’ means a unit with respect to which an employer has an obligation to contribute under a multiemployer plan, as defined in regulations prescribed by the Secretary of the Treasury; and “(12) ‘outstanding claim for withdrawal liability’ means a plan’s claim for the unpaid balance of the liability determined under part 1 of subtitle E for which demand has been Ante, p. 1217. made, valued in accordance with regulations prescribed by the corporation.”; (F) by adding the following new paragraphs at the end of subsection (c)(1) (as redesignated): “(2) For purposes of this title, ‘single-employer plan’ means, except “Single-employer plan.” as otherwise specifically provided in this title, any plan which is not a multiemployer plan. “(3) For purposes of this title, except as otherwise provided in this title, contributions or other payments shall be considered made under a plan for a plan year if they are made within the period prescribed under section 412(c)(10) of the Internal Revenue Code of 1954. 26 USC 412. “(4) For purposes of subtitle E, ‘Secretary of the Treasury’ means “Secretary of the Treasury.’ Ante, p. 1217. 29 USC 1303. the Secretary of the Treasury or such Secretary’s delegate.”. (2) Section 4003 is amended— (A) in subsection (a), by striking out “determine whether any person has violated or is about to violate” and inserting in lieu thereof “enforce”; (B) in subsection (e)(i), by striking out “redress violations of” and inserting in lieu thereof “enforce”, and (C) in subsection (f) by inserting at the end thereof the following new sentence: “In any suit, action, or proceeding in which the corporation is a party, or intervenes under section 4301, in any Ante, p. 1263. State court, the corporation may, without bond or security, remove such suit, action, or proceeding from the State court to the United States District Court for the district or division embracing the place where the same is pending by following any procedure for removal now or hereafter in effect.” (3) Section 4007(a) is amended by inserting at the end thereof the following new sentence: “The corporation may waive or reduce premiums for a multiemployer plan for any plan year during which such plan receives financial assistance from the corporation under Ante, p. 1261. section 4261, except that any amount so waived or reduced shall be treated as financial assistance under such section.”. (4) Section 4021(a) is amended by inserting in the last sentence “unless otherwise specifically indicated in this title,” before “a successor plan”. (5) Subtitle B of title IV is amended by inserting after section 4022B (as added by section 102 of this Act) the following new section: “Sec. 4023. “plan fiduciaries Notwithstanding any other provision of this Act, a fiduciary of a plan to which section 4021 applies is not in violation of the fiduciary’s duties as a result of any act or of any withholding of action required by this title.”. (6) Section 4042 is amended— (A) in the last sentence of subsection (a), by striking out “such small” and inserting in lieu thereof “terminated”; (B) by redesignating subsection (b) as subsection (b)(1) and inserting at the end thereof the following new paragraphs: “(2) Notwithstanding any other provision of this title— “(A) upon the petition of a plan administrator or the corporation, the appropriate United States district court may appoint a trustee in accordance with the provisions of this section if the interests of the plan participants would be better served by the appointment of the trustee, and “(B) upon the petition of the corporation, the appropriate United States district court shall appoint a trustee proposed by the corporation for a multiemployer plan which is in reorganization Ante, p. 1216. or to which section 4041A(a) applies, unless such appointment would be adverse to the interests of the plan participants and beneficiaries in the aggregate. “(3) The corporation and plan administrator may agree to the appointment of a trustee without proceeding in accordance with the requirements of paragraphs (1) and (2).”; (C) in the first sentence of subsection (c), by striking out “and” after “interests of the participants” and inserting in lieu thereof “or”; (D) in subsection (c), by striking out “further” each place it appears and inserting in lieu thereof “unreasonable”; (E) in subsection (d)(1)(A)— (i) by striking out “and” in clause (iv); (ii) by redesignating clause (v) as clause (vi) and by striking out the period at the end of such clause and inserting in lieu thereof “, and”; (iii) by inserting after clause (iv) the following new clause: “(v) in the case of a multiemployer plan, to reduce benefits or suspend benefit payments under the plan, give appropriate notices, amend the plan, and perform other acts required or Ante, p. 1217. authorized by subtitle (E) to be performed by the plan sponsor or administrator;”; and (iv) by inserting after clause (vi) (as redesignated) the following new clause: “(vii) to require the plan sponsor, the plan administrator, any contributing or withdrawn employer, and any employee organization representing plan participants to furnish any information with respect to the plan which the trustee may reasonably need in order to administer the plan.”; (F) in subsection (d)(1)(B)(i), by striking out “allocation requirements of section 4044” and inserting in lieu thereof “requirements 29 USC 1344. of this title”; (G) in subsection (d)(1)(B)(iv), by striking out “, except to the extent that the corporation is an adverse party in a suit or proceeding”; (H) in subsection (d)(2)(B), by striking out “and”; (I) in subsection (d)(2)(C), by striking out the period and inserting in lieu thereof a comma; and (J) by inserting after subsection (d)(2)(C) the following new subparagraphs; “(D) each employer who is or may be liable to the plan under section part 1 of subtitle E, Ante, p. 1217. “(E) each employer who has an obligation to contribute, within the meaning of section 4212(a), under a multiemployer plan, and Ante, p. 1233. “(F) each employee organization which, for purposes of collective bargaining, represents plan participants employed by an employer described in subparagraph (C), (D), or (E).”. (7) Section 4044 is amended— 29 USC 1344. (A) in subsection (a), by inserting “single-employer” before “defined benefit plan”; (B) in subsection (c), by inserting “single-employer” before “plan occurring during” and before “plan occurring after”; and (C) in subsection (d)(1), by inserting “single-employer” before “plan may be distributed”. (8) Section 4048 is amended— 29 USC 1348. (A) by inserting “(a)” before “For”; (B) by inserting “of a single-employer plan” after “date of termination”; and (C) by adding at the end thereof the following new subsection: “(b) For purposes of this title, the date of termination of a multiemployer plan is— “(1) in the case of a plan terminated in accordance with the provisions of section 4041A, the date determined under subsection Ante, p. 1216. (b) of that section; or “(2) in the case of a plan terminated in accordance with the provisions of section 4042, the date agreed to between the plan 29 USC 1342. administrator and the corporation (or the trustee appointed under section 4042(b)(2), if any), or, if no agreement is reached, the date established by the court.”. (b) (1) Section 208 is amended by striking out the last sentence and 29 USC 1058. inserting in lieu thereof the following: “The preceding sentence shall not apply to any transaction to the extent that participants either before or after the transaction are covered under a multiemployer plan to which title IV of this Act applies.”. 29 USC 1301. (2) Section 403(a)(1) is amended by striking out “title” and inserting 29 USC 1103. in lieu thereof “Act”. (3) Section 3002 is amended by adding at the end thereof the 29 USC 1202. following new subsection: “(e) The Secretary of the Treasury shall consult with the Pension Consultation. Benefit Guaranty Corporation with respect to any proposed or final regulation authorized by subpart C of part I of subchapter D of Ante, p. 1271. Ante, p. 1249. chapter 1 of the Internal Revenue Code of 1954, or by sections 4241 through 4245 of this Act, before publishing any such proposed or final regulation.”. SEC. 403. CONFORMING AMENDMENTS. (a) Section 4005 is amended— (1) by striking out the second sentence of subsection (a) and inserting in lieu thereof the following: “One of the funds shall be used with respect to basic benefits guaranteed under section 29 USC 1322. Ante, p. 1210. 4022, one of the funds shall be used with respect to basic benefits guaranteed under section 4022A, one of the funds shall be used with respect to nonbasic benefits guaranteed under section 4022 (if any), and the remaining fund shall be used with respect to nonbasic benefits guaranteed under section 4022A (if any), other than subsection (g)(2) thereof (if any).”; (2) in subsection (b)(2)(A), by inserting “or 4022A” after “4022”; (3) by striking out subparagraph (B) of subsection (b)(2) and redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; and (4) by adding at the end thereof the following new subsections: “(d) (1) A fifth fund shall be established for the reimbursement of uncollectible withdrawal liability under section 4222, and shall be credited with the appropriate— “(A) premiums, penalties, and interest charges collected under this title, and “(B) earnings on investments of the fund or on assets credited to the fund. The fund shall be available to make payments pursuant to the supplemental program established under section 4222, including those expenses and other charges determined to be appropriate by the corporation. “(2) The corporation may invest amounts of the fund in such obligations as the corporation considers appropriate. “(e) (1) A sixth fund shall be established for the supplemental benefit guarantee program provided under section 4022A(g)(2). “(2) Such fund shall be credited with the appropriate— “(A) premiums, penalties, and interest charges collected under section 4022A(g)(2), and “(B) earnings on investments of the fund or on assets credited to the fund. The fund shall be available for making payments pursuant to the supplemental benefit guarantee program established under section 4022A(g)(2), including those expenses and other charges determined to be appropriate by the corporation. “(3) The corporation may invest amounts of the fund in such obligations as the corporation considers appropriate. “(f) (1) Amounts in any fund established under this section may be used only for the purposes for which such fund was established and may not be used to make loans to (or on behalf of) any other fund or to finance any other activity of the corporation. “(2) None of the funds borrowed under subsection (c) may be used to make loans to (or on behalf of) any fund other than a fund described in the second sentence of subsection (a). “(3) Any repayment to the corporation of any amount paid out of any fund in connection with a multiemployer plan shall be deposited in such fund.”. (b) Section 4007(a) is amended by striking out the second sentence. (c) Section 4022 is amended— 29 USC 1322. (1) in the section heading, by inserting “SINGLE-EMPLOYER PLAN” before “BENEFITS GUARANTEED”; (2) in subsection (a)— (A) by inserting “, in accordance with this section,” after “guarantee”; and (B) by inserting “single-employer” before “plan which terminates”; and (C) by striking out the words “the terms of”; (3) in subsection (b)(1), by striking out “(8)” and inserting in lieu thereof “(7)”; and (4) by striking out paragraph (5) of subsection (b) and redesignating paragraphs (6), (7), and (8) of such subsection as paragraphs (5), (6), and (7), respectively. (d) Section 4041 is amended— 29 USC 1341. (1) in the section heading, by striking out “TERMINATION BY PLAN ADMINISTRATOR” and inserting in lieu thereof “TERMINATION OF SINGLE-EMPLOYER PLANS”; (2) in subsection (a), by inserting “single-employer” after “termination of a”; and (3) by striking out subsection (g). (e) Section 4046 is amended— 29 USC 1346. (1) in paragraphs (2) and (3)— (A) by inserting “or 4022A” after “4022”; and (B) by inserting “basic” before “benefits”; and (2) in paragraph (3), by striking out “4022(b)(5)” and inserting in lieu thereof “4022B”. (f) Section 4061 is amended to read as follows: “Sec. 4061. “amounts payable by the corporation The corporation shall pay benefits under a single-employer 29 USC 1361. plan terminated under this title subject to the limitations and requirements of subtitle B of this title. The corporation shall 29 USC 1321. provide financial assistance to pay benefits under a multiemployer plan which is insolvent under section 4245 or 4281(d)(2)(A), subject to Ante, pp. 1259, 1261. 29 USC 1321, 1341, ante, p. 1217. Ante, p. 1210. the limitations and requirements of subtitles B, C, and E of this title. Amounts guaranteed by the corporation under sections 4022 and 4022A shall be paid by the corporation only out of the appropriate fund. The corporation shall make payments under the supplemental program to reimburse multiemployer plans for uncollectible withdrawal liability only out of the fund established under section 4005(e).”. Ante, p. 1300. 29 USC 1362. (g) Section 4062(a) is amended by striking out “plan (other than a multiemployer plan)” and inserting in lieu thereof “single-employer plan”. (h) Section 4063 is amended— 29 USC 1363. (1) in the first sentence of subsection (a), by inserting “(other than a multiemployer plan)” after “makes contributions”; and (2) in the second sentence of subsection (d), by inserting “(other than a multiemployer plan)” after “of a plan”. (i) Section 4064(a) is amended by inserting “(other than a multiemployer 29 USC 1364. plan)” after “plan under which more than one employer makes contributions”. (j) Section 4066 is amended by inserting “(other than a multiemployer 29 USC 1366. plan)” after “more than one employer”. (k) Subsection (f) of section 4003 is amended by striking out “Any” and inserting in lieu thereof “Except as provided in section 4301(a)(2), any”. (l) Section 4002(b)(3) is amended by inserting “and such other bylaws, rules, and regulations as may be necessary to carry out the purposes of this title” after “Act”. SEC. 404. CLERICAL AMENDMENTS. The table of contents in section 1 is amended— (1) by striking out the items relating to sections 4022 and 4023 and inserting in lieu thereof the following new items: “Sec. 4022. Single-employer plan benefits guaranteed. “Sec. 4022A. Multiemployer plan benefits guaranteed. “Sec. 4022B. Aggregate limit on benefits guaranteed. “Sec. 4023. Plan fiduciaries.”; (2) by striking out the item relating to section 4041 and inserting in lieu thereof the following new items: “Sec. 4041. Termination of single-employer plans. “Sec. 4041A. Termination of multiemployer plans.”; and (3) by striking out all after the item relating to section 4068 and inserting in lieu thereof the following new items: “Subtitle E— Special Provisions for Multiemployer Plans “Part 1— Employer Withdrawals “Sec. 4201. Withdrawal liability established. “Sec. 4202. Determination and collection of liability; notification of employer. “Sec. 4203. Complete withdrawal. “Sec. 4204. Sale of assets. “Sec. 4205. Partial withdrawals. “Sec. 4206. Adjustment for partial withdrawal. “Sec. 4207. Reduction or waiver of complete withdrawal liability. “Sec. 4208. Reduction or abatement of partial withdrawal liability. “Sec. 4209. De minimis rule. “Sec. 4210. No withdrawal liability for certain temporary contribution obligation periods. “Sec. 4211. Methods for computing withdrawal liability. “Sec. 4212. Obligation to contribute; special rules. “Sec. 4213. Actuarial assumptions, etc. “Sec. 4214. Application of plan amendments. “Sec. 4215. Plan notification to corporation of potentially significant withdrawals. “Sec. 4216. Special rules for section 404(c) plans. “Sec. 4217. Application of part in case of certain pre-1980 withdrawals. “Sec. 4218. Withdrawal not to occur merely because of change in business form or suspension of contributions during labor dispute. “Sec. 4219. Notice, collection, etc., of withdrawal liability. “Sec. 4220. Approval of amendments. “Sec. 4221. Resolution of disputes. “Sec. 4222. Reimbursements for uncollectible withdrawal liability. “Sec. 4223. Withdrawal liability payment fund. “Sec. 4224. Alternative method of withdrawal liability payments. “Sec. 4225. Limitation on withdrawal liability. “Part 2— Mercer or Transfer of Plan Assets or Liabilities “Sec. 4231. Mergers and transfers between multiemployer plans. “Sec. 4232. Transfers between a multiemployer plan and a single-employer plan. “Sec. 4233. Partition. “Sec. 4234. Asset transfer rules. “Sec. 4235. Transfers pursuant to change in bargaining representative. “Part 3— Reorganization; Minimum Contribution Requirement for Multiemployer Plans “Sec. 4241. Reorganization status. “Sec. 4242. Notice of reorganization and funding requirements. “Sec. 4243. Minimum contribution requirement. “Sec. 4244. Overburden credit against minimum contribution requirement “Sec. 4244A. Adjustments in accrued benefits. “Sec. 4245. Insolvent plans. “Part 4— Financial Assistance “Sec. 4261. Financial assistance. “Part 5— Benefits After Termination “Sec. 4281. Benefits under certain terminated plans. “Part 6— Enforcement “Sec. 4301. Civil actions. “Sec. 4302. Penalty for failure to provide notice. “Sec. 4303. Election of plan status. “Subtitle F— Transition Rules and Effective Dates “Sec. 4401. Amendment to Internal Revenue Code of 1954. “Sec. 4402. Transition rules and effective dates. “Sec. 4403. Election of plan status.”. SEC. 405. ACTION TAKEN BEFORE REGULATIONS ARE PRESCRIBED. (a) Except as otherwise provided in the amendments made by this Act and in subsection (b), if the way in which any such amendment will apply to a particular circumstance is to be set forth in regulations, any reasonable action during the period before such regulations take effect shall be treated as complying with such regulations for such period. (b) Subsection (a) shall not apply to any action which violates any instruction issued, or temporary rule prescribed, by the agency having jurisdiction but only if such instruction or rule was published, or furnished to the party taking the action, before such action was taken. SEC. 406. PENSION BENEFIT GUARANTY CORPORATION PUT ON BUDGET. (a) Paragraph (2) of section 4002(g) is amended to read as follows: 29 USC 1302. “(2) The receipts and disbursements of the corporation in the discharge of its functions shall be included in the totals of the budget of the United States Government. The United States is not liable for any obligation or liability incurred by the corporation.”. (b) The amendment made by subsection (a) shall apply to fiscal Effective date. 29 USC 1302 note. 29 USC 1002. years beginning after September 30, 1980. SEC. 407. CHURCH PLANS. (a) Section 3(33) is amended to read as follows: “(33) (A) The term ‘church plan’ means a plan established and “Church plan.” maintained (to the extent required in clause (ii) of subparagraph (B)) for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501 of the Internal Revenue Code of 1954. 26 USC 501. “(B) The term ‘church plan’ does not include a plan— “(i) which is established and maintained primarily for the benefit of employees (or their beneficiaries) of such church or convention or association of churches who are employed in connection with one or more unrelated trades or businesses (within the meaning of section 513 of the Internal Revenue Code 26 USC 513. of 1954), or “(ii) if less than substantially all of the individuals included in the plan are individuals described in subparagraph (A) or in clause (ii) of subparagraph (C) (or their beneficiaries). “(C) For purposes of this paragraph— “(i) A plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches includes a plan maintained by an organization, whether a civil law corporation or otherwise, the principal purpose or function of which is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits, or both, for the employees of a church or a convention or association of churches, if such organization is controlled by or associated with a church or a convention or association of churches. “(ii) The term employee of a church or a convention or association of churches includes— “(I) a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry, regardless of the source of his compensation; “(II) an employee of an organization, whether a civil law corporation or otherwise, which is exempt from tax under 26 USC 501. section 501 of the Internal Revenue Code of 1954 and which is controlled by or associated with a church or a convention or association of churches; and “(III) an individual described in clause (v). “(iii) A church or a convention or association of churches which is exempt from tax under section 501 of the Internal Revenue Code of 1954 shall be deemed the employer of any individual included as an employee under clause (ii). “(iv) An organization, whether a civil law corporation or otherwise, is associated with a church or a convention or association of churches if it shares common religious bonds and convictions with that church or convention or association of churches. “(v) If an employee who is included in a church plan separates from the service of a church or a convention or association of churches or an organization, whether a civil law corporation or otherwise, which is exempt from tax under section 501 of the Internal Revenue Code of 1954 and which is controlled by or associated with a church or a convention or association of churches, the church plan shall not fail to meet the requirements of this paragraph merely because the plan— “(I) retains the employee’s accrued benefit or account for the payment of benefits to the employee or his beneficiaries pursuant to the terms of the plan; or “(II) receives contributions on the employee’s behalf after the employee’s separation from such service, but only for a period of 5 years after such separation, unless the employee is disabled (within the meaning of the disability provisions of the church plan or, if there are no such provisions in the church plan, within the meaning of section 72(m)(7) of the 26 USC 72. Internal Revenue Code of 1954) at the time of such separation from service. “(D) (i) If a plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501 of the Internal Revenue Code of 1954 fails to meet one or more of the requirements of 26 USC 501. this paragraph and corrects its failure to meet such requirements within the correction period, the plan shall be deemed to meet the requirements of this paragraph for the year in which the correction was made and for all prior years. “(ii) If a correction is not made within the correction period, the plan shall be deemed not to meet the requirements of this paragraph beginning with the date on which the earliest failure to meet one or more of such requirements occurred. “(iii) For purposes of this subparagraph, the term ‘correction “Correction period.” period’ means— “(I) the period ending 270 days after the date of mailing by the Secretary of a notice of default with respect to the plan’s failure to meet one or more of the requirements of this paragraph; or “(II) any period set by a court of competent jurisdiction after a final determination that the plan fails to meet such requirements, or, if the court does not specify such period, any reasonable period determined by the Secretary on the basis of all the facts and circumstances, but in any event not less than 270 days after the determination has become final; or “(III) any additional period which the Secretary determines is reasonable or necessary for the correction of the default, whichever has the latest ending date.”. (b) Section 414(e) of the Internal Revenue Code of 1954 (defining 26 USC 414. church plan) is amended to read as follows: “(e) Church Plan.— “(1) In general.— For purposes of this part, the term ‘church plan’ means a plan established and maintained (to the extent required in paragraph (2)(B)) for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501. “(2) Certain plans excluded.— The term ‘church plan’ does not include a plan— “(A) which is established and maintained primarily for the benefit of employees (or their beneficiaries) of such church or convention or association of churches who are employed in connection with one or more unrelated trades or businesses (within the meaning of section 513); or 26 USC 513. “(B) if less than substantially all of the individuals included in the plan are individuals described in paragraph (1) or (3)(B) (or their beneficiaries). “(3) Definitions and other provisions.— For purposes of this subsection— “(A) Treatment as church plan.— A plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches includes a plan maintained by an organization, whether a civil law corporation or otherwise, the principal purpose or function of which is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits, or both, for the employees of a church or a convention or association of churches, if such organization is controlled by or associated with a church or a convention or association of churches. “(B) Employee defined.— The term employee of a church or a convention or association of churches shall include— “(i) a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry, regardless of the source of his compensation; “(ii) an employee of an organization, whether a civil law corporation or otherwise, which is exempt from tax 26 USC 501. under section 501 and which is controlled by or associated with a church or a convention or association of churches; and “(iii) an individual described in subparagraph (E). “(C) Church treated as employer.— A church or a convention or association of churches which is exempt from tax under section 501 shall be deemed the employer of any individual included as an employee under subparagraph (B). “(D) Association with church.— An organization, whether a civil law corporation or otherwise, is associated with a church or a convention or association of churches if it shares common religious bonds and convictions with that church or convention or association of churches. “(E) Special rule in case of separation from plan.— If an employee who is included in a church plan separates from the service of a church or a convention or association of churches or an organization described in clause (ii) of paragraph (3)(B), the church plan shall not fail to meet the requirements of this subsection merely because the plan— “(i) retains the employee’s accrued benefit or account for the payment of benefits to the employee or his beneficiaries pursuant to the terms of the plan; or “(ii) receives contributions on the employee’s behalf after the employee’s separation from such service, but only for a period of 5 years after such separation, unless the employee is disabled (within the meaning of the disability provisions of the church plan or, if there are no such provisions in the church plan, within the meaning 26 USC 72. of section 72(m)(7)) at the time of such separation from service. “(4) Correction of failure to meet church plan requirements.— “(A) In general.— If a plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501 fails to meet one or more of the requirements of this subsection and corrects its failure to meet such requirements within the correction period, the plan shall be deemed to meet the requirements of this subsection for the year in which the correction was made and for all prior years. “(B) Failure to correct.— If a correction is not made within the correction period, the plan shall be deemed not to meet the requirements of this subsection beginning with the date on which the earliest failure to meet one or more of such requirements occurred. “(C) Correction period defined.— The term ‘correction period’ means— “(i) the period ending 270 days after the date of mailing by the Secretary of a notice of default with respect to the plan’s failure to meet one or more of the requirements of this subsection; “(ii) any period set by a court of competent jurisdiction after a final determination that the plan fails to meet such requirements, or, if the court does not specify such period, any reasonable period determined by the Secretary on the basis of all the facts and circumstances, but in any event not less than 270 days after the determination has become final; or “(iii) any additional period which the Secretary determines is reasonable or necessary for the correction of the default, whichever has the latest ending date.”. (c) The amendments made by this section shall be effective as of Effective date. 26 USC 414 note. January 1, 1974. SEC. 408. DEDUCTIBILITY OF PAYMENTS TO PLAN BY A CORPORATION OPERATING PUBLIC TRANSPORTATION SYSTEM ACQUIRED BY A STATE. (a) For purposes of subsection (g) of section 404 of the Internal Revenue Code of 1954 (relating to certain employer liability payments considered as contributions), as amended by section 205 of this Act, any payment made to a plan covering employees of a corporation operating a public transportation system shall be treated as a payment described in paragraph (1) of such subsection if— (1) such payment is made to fund accrued benefits under the plan in conjunction with an acquisition by a State (or agency or instrumentality thereof) of the stock or assets of such corporation, and (2) such acquisition is pursuant to a State public transportation law enacted after June 30, 1979, and before January 1, 1980. (b) The provisions of this section shall apply to payments made after June 29, 1980. SEC. 409. TREATMENT OF CERTAIN SEVERANCE PAY ARRANGEMENTS AND SUPPLEMENTAL RETIREMENT INCOME PAYMENTS AS WELFARE PLANS. Paragraph (2) of section 3 is amended— 29 USC 1002. (1) by striking out “The” and inserting in lieu thereof “(A) Except as provided in subparagraph (B), the”, (2) by striking out “(A)” and inserting in lieu thereof “(i)”, (3) by striking out “(B)” and inserting in lieu thereof “(ii)”, and (4) by adding at the end thereof the following new subparagraph: “(B) The Secretary may by regulation prescribe rules consistent with the standards and purposes of this Act providing one or more exempt categories under which— “(i) severance pay arrangements, and “(ii) supplemental retirement income payments, under which the pension benefits of retirees or their beneficiaries are supplemented to take into account some portion or all of the increases in the cost of living (as determined by the Secretary of Labor) since retirement, shall, for purposes of this title, be treated as welfare plans rather than pension plans. In the case of any arrangement or payment a principal effect of which is the evasion of the standards or purposes of this Act applicable to pension plans, such arrangement or payment shall be treated as a pension plan.”. SEC. 410. REFUND OF MISTAKEN CONTRIBUTIONS. (a) Paragraph (2)(A) of section 403(c) is amended to read as follows: “(2) (A) In the case of a contribution, or a payment of withdrawal Ante, p. 1217. liability under part 1 of subtitle E of part iv— “(i) made by an employer to a plan (other than a multiemployer plan) by a mistake of fact, paragraph (1) shall not prohibit the return of such contribution to the employer within one year after the payment of the contribution, and “(ii) made by an employer to a multiemployer plan by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) of the Internal 26 USC 401. Revenue Code of 1954 or the trust which is part of such plan is exempt from taxation under section 501(a) of such 26 USC 501. Code), paragraph (1) shall not prohibit the return of such contribution or payment to the employer within 6 months after the plan administrator determines that the contribution was made by such a mistake.”. (b) Paragraph (2) of section 401(a) of the Internal Revenue Code of 26 USC 401. 1954 (relating to exclusive benefit of employees and beneficiaries) is amended by inserting before the semicolon at the end thereof the following: “(but this paragraph shall not be construed, in the case of a multiemployer plan, to prohibit the return of a contribution within 6 months after the plan administrator determines that the contribution was made by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) or the trust which is part of such plan is exempt from taxation under section 501(a)).”. (c) The amendment made by this section shall take effect on January 1, 1975, except that in the case of contributions received by a collectively bargained plan maintained by more than one employer before the date of enactment of this Act, any determination by the plan administrator that any such contribution was made by mistake of fact or law before such date shall be deemed to have been made on such date of enactment. SEC. 411. DEFINITION OF EMPLOYEE PENSION BENEFIT PLAN. (a) Section 201 of the Employee Retirement Income Security Act of 29 USC 1051. 1974 is amended by adding at the end thereof the following new subsection: “(8) Any plan, fund or program under which an employer, all of whose stock is directly or indirectly owned by employees, former employees or their beneficiaries, proposes through an unfunded arrangement to compensate retired employees for benefits which were forfeited by such employees under a pension plan maintained by a former employer prior to the date such pension plan became subject to this Act.”. (b) Section 301(a) of the Employee Retirement Income Security Act 29 USC 1081. of 1974 is amended by adding at the end thereof the following new paragraph: “(10) Any plan, fund or program under which an employer, all of whose stock is directly or indirectly owned by employees, former employees or their beneficiaries, proposes through an unfunded arrangement to compensate retired employees for benefits which were forfeited by such employees under a pension plan maintained by a former employer prior to the date such pension plan became subject to this Act.”. (c) Section 403(b) of ERISA is amended by adding at the end thereof the following new paragraph (6): “(6) Any plan, fund or program under which an employer, all of whose stock is directly or indirectly owned by employees, former employees or their beneficiaries, proposes through an unfunded arrangement to compensate retired employees for benefits which were forfeited by such employees under a pension plan maintained by a former employer prior to the date such pension plan became subject to this Act.”. SEC. 412. STUDIES BY PENSION BENEFIT GUARANTY CORPORATION AND SECRETARY OF LABOR. (a) (1) The Pension Benefit Guaranty Corporation shall conduct a 29 USC 1306 note. separate study with respect to— (A) the advantages and disadvantages of establishing a graduated premium rate schedule under section 4006 of the Employee Retirement Income and Security Act of 1974 which is based on Ante, p. 1264. risk, and (B) the necessity of adopting special rules in cases of union-mandated withdrawal from multiemployer pension plans. (2) The Corporation shall report to the Congress the results of the Report to Congress. studies conducted under paragraph (1), including its recommendations with respect thereto. (b) (1) The Secretary of Labor shall study the feasibility of requiring 29 USC 1001a note. collective bargaining on both the issues of contributions to, and benefits from, multiemployer plans. (2) The Secretary shall submit a report on the study conducted Report to Congress. under paragraph (1) to the Congress within 3 years of the date of the enactment of this Act. SEC. 413. STUDY BY GENERAL ACCOUNTING OFFICE; HEARINGS REQUIRED. (a) (1) The Comptroller General of the United States shall conduct a study of the effects of the amendments made by, and the provisions of, this Act on— (A) participants, beneficiaries, employers, employee organizations, and other parties affected by this Act, and (B) the self-sufficiency of the fund established under section 4005 of the Employee Retirement Income Security Act of 1974 Ante, p. 1300. with respect to benefits guaranteed under section 4022A of such Act, taking into account the financial conditions of multiemployer Ante, p. 1210. plans and employers. (2) (A) The Comptroller General shall report to the Congress no Report to Congress. later than June 30, 1985, the results of the study conducted under paragraph (1), including his recommendations with respect thereto. (B) The report submitted under subparagraph (A) shall be made Public availability. available to the public. (b) In conducting the study under subsection (a)(1), the Comptroller Consultation with congressional committees. General shall consult with the Committees on Finance and Labor and Human Resources of the Senate and the Committees on Education and Labor and Ways and Means of the House of Representatives. (c) The committees described in subsection (b) shall conduct hearings on the report and recommendations submitted under subsection (a)(2). (d) For purposes of conducting the study required by this section, Information accessibility. the Comptroller General, or any of his duly authorized representatives, shall have access to and the right to examine and copy any books, documents, papers, records, or other recorded information— (1) within the possession or control of the administrator or the sponsor of any plan, and (2) which the Comptroller General or his representative finds, in his own judgment, pertinent to such study. Confidentiality. The Comptroller General shall not disclose the identity of any individual in making any information obtained under this subsection available to the public. SEC. 414. TREATMENT OF CERTAIN RETIREMENT BENEFITS. (a) General Rule.— Paragraph (15) of section 3304(a) of the Internal 26 USC 3304. Revenue Code of 1954 (relating to requirements for approval of State laws) is amended by striking out the semicolon at the end thereof and inserting in lieu thereof the following: “except that— “(A) the requirements of this paragraph shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if— “(i) such pension, retirement or retired pay, annuity, or similar payment is under a plan maintained (or contributed to) by a base period employer or chargeable employer (as determined under applicable law), and “(ii) in the case of such a payment not made under the 42 USC 1305. 45 USC 231t. Social Security Act or the Railroad Retirement Act of 1974 (or the corresponding provisions of prior law), services performed for such employer by the individual after the beginning of the base period (or remuneration for such services) affect eligibility for, or increase the amount of, such pension, retirement or retired pay, annuity, or similar payment, and “(B) the State law may provide for limitations on the amount of any such a reduction to take into account contributions made by the individual for the pension, retirement or retired pay, annuity, or other similar periodic payment;”. (b) Effective Date.— The amendment made by subsection (a) shall apply to certifications of States for 1981 and subsequent years. SEC. 415. INCREASE IN LENGTH OF SERVICE IN ARMED FORCES REQUIRED FOR EX-SERVICEMEN TO BE ELIGIBLE FOR UNEMPLOYMENT BENEFITS. (a) General Rule.— Subparagraph (A) of section 8521(a)(1) of title 5 of the United States Code is amended by striking out “90 days or more” and inserting in lieu thereof “365 days or more”. (b) Effective Date.— The amendment made by subsection (a) shall apply with respect to determinations of Federal service in the case of individuals filing claims for unemployment compensation on or after October 1, 1980. SEC. 416. CESSATION OF EXTENDED BENEFITS WHEN PAID UNDER AN INTERSTATE CLAIM IN A STATE WHERE EXTENDED BENEFIT PERIOD IS NOT IN EFFECT. (a) General Rule.— Section 202 of the Federal-State Extended 26 USC 3304 note. Unemployment Compensation Act of 1970 is amended by adding at the end thereof the following new subsection: “(c) “Cessation of Extended Benefits When Paid Under an Interstate Claim in a State Where Extended Benefit Period Is Not in Effect (1) Except as provided in paragraph (2), payment of extended compensation shall not be made to any individual for any week if— “(A) extended compensation would (but for this subsection) have been payable for such week pursuant to an interstate claim filed in any State under the interstate benefit payment plan, and “(B) an extended benefit period is not in effect for such week in such State. “(2) Paragraph (1) shall not apply with respect to the first 2 weeks for which extended compensation is payable (determined without regard to this subsection) pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended compensation account established for the benefit year. “(3) Section 3304(a)(9)(A) of the Internal Revenue Code of 1954 shall 26 USC 3304. not apply to any denial of compensation required under this subsection.” (b) Effective Date.— (1) In general.— The amendment made by subsection (a) shall apply to weeks of unemployment beginning after October 1, 1980; except that such amendment shall not be a requirement of any State law under section 3304(a)(ii) of the Internal Revenue Code of 1954 for any week which begins before June 1, 1981. (2) Special rule for certain states.— In the case of any State the legislature of which does not meet in a regular session which begins during calendar year 1981 and before April 1, 1981, paragraph (1) shall be applied by substituting “June 1, 1982” for “June 1, 1981”.

3. 1987

   Pub. L. 100–203 § 9331(c)(1) · 101 Stat. 1330

   Substituted · 29 U.S.C. § 1307(a)(d)

   Pub. L. 100–203, § 9331(c)(1), substituted “designated payor” for “plan administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a) to (d). Pub. L. 100–203, § 9331(c)(1), substituted “designated payor” for “plan administrator” wherever appearing.

   Enacted provision · exact public law section
   (1) In general.— Section 4007 of ERISA (29 U.S.C. 1307) is amended by striking out “plan administrator” each place it appears and inserting in lieu thereof “designated payor”.

4. 1987

   Pub. L. 100–203 § 9331(c)(2) · 101 Stat. 1330

   Added · 29 U.S.C. § 1307(e)

   Pub. L. 100–203, § 9331(c)(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–203, § 9331(c)(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) Designated payor.— Section 4007 of ERISA (29 U.S.C. 1307) is amended by adding at the end thereof the following new subsection:

5. 1989

   Revenue Reconciliation Act of 1989

   Pub. L. 101–239 title VII § 7891(a)(1) · 103 Stat. 2106

   Substituted · 29 U.S.C. § 1307(b)

   Pub. L. 101–239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

   Enacted provision · exact public law section
   (1) Titles I, III, and IV of ERISA (other than sections 3(37)(E), 29 USC 1001 et seq. 301(a)(7), and 308, the last sentence of section 408(d), and sections 414(c), 4001(a)(3)(ii), and 4303) are each amended by striking “Internal Revenue Code of 1954” each place it appears and inserting “Internal Revenue Code of 1986”.

6. 2006

   Pub. L. 109–280 title IV § 406(a) · 120 Stat. 780

   1. Amended · 29 U.S.C. § 1307(b)

      Pub. L. 109–280 designated existing provisions as par. (1)

   2. Added · 29 U.S.C. § 1307(b)

      Pub. L. 109–280 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–280 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) In General.— Section 4007(b) of the Employment Retirement Income Security Act of 1974 (29 U.S.C. 1307(b)) is amended— (1) by striking “(b)” and inserting “(b)(1)”, and (2) by inserting at the end the following new paragraph: “(2) Regulations. The corporation is authorized to pay, subject to regulations prescribed by the corporation, interest on the amount of any overpayment of premium refunded to a designated payor. Interest under this paragraph shall be calculated at the same rate and in the same manner as interest is calculated for underpayments under paragraph (1).”

   Effective date note
   Pub. L. 109–280, title IV, § 406(b), Aug. 17, 2006, 120 Stat. 929, provided that: “The amendments made by subsection (a) [amending this section] shall apply to interest accruing for periods beginning not earlier than the date of the enactment of this Act [Aug. 17, 2006].”

6 of 8 references resolved to an enrolled provision · 2 partial