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Title 29 — Labor

Chapter 18 — Employee Retirement Income Security Program

§ 1367. Recovery of liability for plan termination

Statutory text

The corporation is authorized to make arrangements with contributing sponsors and members of their controlled groups who are or may become liable under section 1362, 1363, or 1364 of this title for payment of their liability, including arrangements for deferred payment of amounts of liability to the corporation accruing as of the termination date on such terms and for such periods as the corporation deems equitable and appropriate.

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 § 4067 · 88 Stat. 829

    Enacted · 29 U.S.C. § 1367

    Pub. L. 93–406, title IV, § 4067, Sept. 2, 1974, 88 Stat. 1032

    Source evidence

    Code source credit
    Pub. L. 93–406, title IV, § 4067, Sept. 2, 1974, 88 Stat. 1032

    Enacted provision · exact public law section
    Sec. 4067. recovery of employer liability for plan termination The corporation is authorized to make arrangements 29 USC 1367. with employers who are liable under section 4062, 4063, or 4064 for payment of their liability, including arrangements for deferred payment on such terms and for such periods as the corporation deems equitable and appropriate.

  2. Single-Employer Pension Plan Amendments Act of 1986

    Pub. L. 99–272 § 11016(a)(6)(A)(i) · 100 Stat. 82

    1. Substituted · 29 U.S.C. § 1367

      Pub. L. 99–272, § 11016(a)(6)(A)(i), (iii), substituted “of liability” for “of employer liability” in section catchline

    2. Inserted · 29 U.S.C. § 1367

      Pub. L. 99–272, § 11016(a)(6)(A)(i), (iii), inserted “of amounts of liability to the corporation accruing as of the termination date” in text

    Source evidence

    Code amendment note
    Pub. L. 99–272, § 11016(a)(6)(A)(i), (iii), substituted “of liability” for “of employer liability” in section catchline and inserted “of amounts of liability to the corporation accruing as of the termination date” in text.

    Enacted provision · exact public law section
    (i) in the heading, by striking out “employer”;

    Effective date note
    Amendment by Pub. L. 101–239 effective as if included in the provision of the Single-Employer Pension Plan Amendments Act of 1986, Pub. L. 99–272, title XI, to which such amendment relates, see section 7893(h) of Pub. L. 101–239, set out as a note under section 1002 of this title.

  3. Single-Employer Pension Plan Amendments Act of 1986

    Pub. L. 99–272 § 11016(a)(6)(A)(ii) · 100 Stat. 82

    1. Amended · 29 U.S.C. § 1367

      Pub. L. 99–272, § 11016(a)(6)(A)(ii), as amended by Pub. L. 101–239

    2. Substituted · 29 U.S.C. § 1367

      Pub. L. 99–272, § 11016(a)(6)(A)(ii), as substituted “contributing sponsors and members of their controlled groups” for “employers”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–272, § 11016(a)(6)(A)(ii), as amended by Pub. L. 101–239, substituted “contributing sponsors and members of their controlled groups” for “employers”.

    Enacted provision · exact public law section
    (ii) by striking out “employer or employers” and inserting in lieu thereof “contributing sponsors and members of their controlled groups”; and

    Effective date note
    Amendment by Pub. L. 101–239 effective as if included in the provision of the Single-Employer Pension Plan Amendments Act of 1986, Pub. L. 99–272, title XI, to which such amendment relates, see section 7893(h) of Pub. L. 101–239, set out as a note under section 1002 of this title.

  4. Pub. L. 100–203 title IX § 9313(b)(6) · 101 Stat. 1330

    Inserted · 29 U.S.C. § 1367

    Pub. L. 100–203 inserted “or may become” after “who are”

    Source evidence

    Code amendment note
    Pub. L. 100–203 inserted “or may become” after “who are”.

    Enacted provision · exact public law section
    (6) Arrangements for payment of liability by controlled groups.— Section 4067 of ERISA (29 U.S.C. 1367) is amended by striking “controlled groups who are” and inserting “controlled groups who are or may become”.

  5. Revenue Reconciliation Act of 1989

    Pub. L. 101–239 title VII § 7893(g)(3) · 103 Stat. 2106

    Amended · 29 U.S.C. § 1367

    Pub. L. 101–239 amended directory language of Pub. L. 99–272, § 11016(a)(6)(A)(ii), see 1986 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 101–239 amended directory language of Pub. L. 99–272, § 11016(a)(6)(A)(ii), see 1986 Amendment note below.

    Enacted provision · exact public law section
    (3) Section 11016(a)(6)(A)(ii) of the Single-Employer Pension 29 USC 1367. Plan Amendments Act of 1986 is amended to read as follows: “(ii) by striking ‘employers’ and inserting ‘contributing sponsors and members of their controlled groups’; and”.

    Effective date note
    Amendment by Pub. L. 101–239 effective as if included in the provision of the Single-Employer Pension Plan Amendments Act of 1986, Pub. L. 99–272, title XI, to which such amendment relates, see section 7893(h) of Pub. L. 101–239, set out as a note under section 1002 of this title.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1986–1989 · 3 rounds

1989

Pub. L. 101–239 amended directory language of Pub. L. 99–272, § 11016(a)(6)(A)(ii), see 1986 Amendment note below.

1987

Pub. L. 100–203 inserted “or may become” after “who are”.

1986

Pub. L. 99–272, § 11016(a)(6)(A)(i), (iii), substituted “of liability” for “of employer liability” in section catchline and inserted “of amounts of liability to the corporation accruing as of the termination date” in text.

Pub. L. 99–272, § 11016(a)(6)(A)(ii), as amended by Pub. L. 101–239, substituted “contributing sponsors and members of their controlled groups” for “employers”.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–239 effective as if included in the provision of the Single-Employer Pension Plan Amendments Act of 1986, Pub. L. 99–272, title XI, to which such amendment relates, see section 7893(h) of Pub. L. 101–239, set out as a note under section 1002 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 applicable with respect to plan terminations under section 1341 of this title with respect to which notices of intent to terminate are provided under section 1341(a)(2) of this title after , see section 9313(c) of Pub. L. 100–203, set out as a note under section 1301 of this title.

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.

Credits

1974–1989 · 4 acts
  1. 1974Pub. L. 93–406, title IV, § 4067, , 88 Stat. 1032
  2. 1986Pub. L. 99–272, title XI, § 11016(a)(6)(A), , 100 Stat. 271
  3. 1987Pub. L. 100–203, title IX, § 9313(b)(6), , 101 Stat. 1330–366
  4. 1989Pub. L. 101–239, title VII, § 7893(g)(3), , 103 Stat. 2448.
Show as published

(Pub. L. 93–406, title IV, § 4067, , 88 Stat. 1032; Pub. L. 99–272, title XI, § 11016(a)(6)(A), , 100 Stat. 271; Pub. L. 100–203, title IX, § 9313(b)(6), , 101 Stat. 1330–366; Pub. L. 101–239, title VII, § 7893(g)(3), , 103 Stat. 2448.)

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