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Title 29 — Labor

Chapter 18 — Employee Retirement Income Security Program

§ 1348. Termination date

Statutory text

(a)

For purposes of this subchapter the termination date of a single-employer plan is—

(1)

in the case of a plan terminated in a standard termination in accordance with the provisions of section 1341(b) of this title, the termination date proposed in the notice provided under section 1341(a)(2) of this title,

(2)

in the case of a plan terminated in a distress termination in accordance with the provisions of section 1341(c) of this title, the date established by the plan administrator and agreed to by the corporation,

(3)

in the case of a plan terminated in accordance with the provisions of section 1342 of this title, the date established by the corporation and agreed to by the plan administrator, or

(4)

in the case of a plan terminated under section 1341(c) or 1342 of this title in any case in which no agreement is reached between the plan administrator and the corporation (or the trustee), the date established by the court.

(b)

For purposes of this subchapter, the date of termination of a multiemployer plan is—

(1)

in the case of a plan terminated in accordance with the provisions of section 1341a of this title, the date determined under subsection (b) of that section; or

(2)

in the case of a plan terminated in accordance with the provisions of section 1342 of this title, the date agreed to between the plan administrator and the corporation (or the trustee appointed under section 1342(b)(2) of this title, if any), or, if no agreement is reached, the date established by the court.

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. Employee Retirement Income Security Act of 1974

    Pub. L. 93–406 title IV § 4048 · 88 Stat. 829

    Enacted · 29 U.S.C. § 1348

    Pub. L. 93–406, title IV, § 4048, Sept. 2, 1974, 88 Stat. 1028

    Source evidence

    Code source credit
    Pub. L. 93–406, title IV, § 4048, Sept. 2, 1974, 88 Stat. 1028

    Enacted provision · exact public law section
    Sec. 4048. date of termination For purposes of this title the date of termination is— 29 USC 1348. (1) in the case of a plan terminated in accordance with the provisions of section 4041, the date established by the plan administrator and agreed to by the corporation, (2) in the case of a plan terminated in accordance with the provisions of section 4042, the date established by the corporation and agreed to by the plan administrator, or (3) in the case of a plan terminated in accordance with the provisions of either section in any case in which no agreement is reached between the plan administrator and the corporation (or the trustee), the date established by the court.

  2. Multiemployer Pension Plan Amendments Act of 1980

    Pub. L. 96–364 § 402(a)(8)(A) · 94 Stat. 1208

    1. Amended · 29 U.S.C. § 1348(a)

      Pub. L. 96–364, § 402(a)(8)(A), (B), designated existing provisions as subsec. (a)

    2. Inserted · 29 U.S.C. § 1348(a)

      Pub. L. 96–364, § 402(a)(8)(A), (B), inserted applicability to a single-employer plan

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–364, § 402(a)(8)(A), (B), designated existing provisions as subsec. (a), and inserted applicability to a single-employer plan.

    Enacted provision · exact public law section
    (A) by inserting “(a)” before “For”;

  3. Multiemployer Pension Plan Amendments Act of 1980

    Pub. L. 96–364 § 402(a)(8)(C) · 94 Stat. 1208

    Added · 29 U.S.C. § 1348(b)

    Pub. L. 96–364, § 402(a)(8)(C), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–364, § 402(a)(8)(C), added subsec. (b).

    Enacted provision · exact public law section
    (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.”.

  4. Single-Employer Pension Plan Amendments Act of 1986

    Pub. L. 99–272 title XI § 11016(a)(4) · 100 Stat. 82

    1. Substituted · 29 U.S.C. § 1348(a)

      Pub. L. 99–272 in provisions preceding par. (1) substituted “termination date” for “date of termination”

    2. Redesignated · 29 U.S.C. § 1348(a)

      Pub. L. 99–272 in provisions preceding par. (1) redesignated pars. (1) to (3) as (2) to (4), respectively

    3. Redesignated · 29 U.S.C. § 1348(a)

      Pub. L. 99–272 in provisions preceding par. (1) added par. (1), in par. (2), as so redesignated

    4. Inserted · 29 U.S.C. § 1348(a)

      Pub. L. 99–272 in provisions preceding par. (1) inserted “in a distress termination” after “terminated”

    5. Redesignated · 29 U.S.C. § 1348(a)

      Pub. L. 99–272 in provisions preceding par. (1) substituted “section 1341(c)” for “section 1341”, and in par. (4), as so redesignated

    6. Substituted · 29 U.S.C. § 1348(a)

      Pub. L. 99–272 in provisions preceding par. (1) substituted “under section 1341(c) or 1342 of this title” for “in accordance with the provisions of either section”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–272 in provisions preceding par. (1) substituted “termination date” for “date of termination”, redesignated pars. (1) to (3) as (2) to (4), respectively, added par. (1), in par. (2), as so redesignated, inserted “in a distress termination” after “terminated” and substituted “section 1341(c)” for “section 1341”, and in par. (4), as so redesignated, substituted “under section 1341(c) or 1342 of this title” for “in accordance with the provisions of either section”.

    Enacted provision · exact public law section
    (4) Termination date.— Section 4048(a) (29 U.S.C. 1348(a)) is amended— (A) by striking out “date of termination” and inserting in lieu thereof “termination date”; (B) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; (C) in paragraph (2) (as redesignated), by inserting “in a distress termination” after “terminated” and by striking out “section 4041” and inserting in lieu thereof “section 4041(c)”; (D) by inserting before paragraph (2) (as redesignated) the following new paragraph: “(1) in the case of a plan terminated in a standard termination in accordance with the provisions of section 4041(b), the termination date proposed in the notice provided under section 4041(a)(2),”; and (E) in paragraph (4) (as redesignated), by striking out “in accordance with the provisions of either section” and inserting in lieu thereof “under section 4041(c) or 4042”.

    Effective date note
    Amendment by Pub. L. 99–272 effective Jan. 1, 1986, with certain exceptions, see section 11019 of Pub. L. 99–272, set out as a note under section 1341 of this title.

10 of 10 references resolved to an enrolled provision

Editorial Notes

Amendments1980–1986 · 2 rounds

1986

Subsec. (a). Pub. L. 99–272 in provisions preceding par. (1) substituted “termination date” for “date of termination”, redesignated pars. (1) to (3) as (2) to (4), respectively, added par. (1), in par. (2), as so redesignated, inserted “in a distress termination” after “terminated” and substituted “section 1341(c)” for “section 1341”, and in par. (4), as so redesignated, substituted “under section 1341(c) or 1342 of this title” for “in accordance with the provisions of either section”.

1980

Subsec. (a). Pub. L. 96–364, § 402(a)(8)(A), (B), designated existing provisions as subsec. (a), and inserted applicability to a single-employer plan.

Subsec. (b). Pub. L. 96–364, § 402(a)(8)(C), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–272 effective , with certain exceptions, see section 11019 of Pub. L. 99–272, set out as a note under section 1341 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–364 effective , except as specifically provided, see section 1461(e) of this title.

Credits

1974–1986 · 3 acts
  1. 1974Pub. L. 93–406, title IV, § 4048, , 88 Stat. 1028
  2. 1980Pub. L. 96–364, title IV, § 402(a)(8), , 94 Stat. 1299
  3. 1986Pub. L. 99–272, title XI, § 11016(a)(4), , 100 Stat. 268.
Show as published

(Pub. L. 93–406, title IV, § 4048, , 88 Stat. 1028; Pub. L. 96–364, title IV, § 402(a)(8), , 94 Stat. 1299; Pub. L. 99–272, title XI, § 11016(a)(4), , 100 Stat. 268.)

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