§ 1368. Lien for liability

Footnotes

1. 1 So in original. Probably should be followed by a period.

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 § 4068 · 88 Stat. 829

   Enacted · 29 U.S.C. § 1368

   Pub. L. 93–406, title IV, § 4068, Sept. 2, 1974, 88 Stat. 1032

   Source evidence

   Code source credit
   Pub. L. 93–406, title IV, § 4068, Sept. 2, 1974, 88 Stat. 1032

   Enacted provision · exact public law section
   Sec. 4068. lien for liability of employer (a) If any employer or employers liable to the corporation 29 USC 1368. under section 4062, 4063, or 4064 neglect or refuse to pay, after demand, the amount of such liability (including interest), there shall be a lien in favor of the corporation upon all property and rights to property, whether real or personal, belonging to such employer or employers. (b) The lien imposed by subsection (a) arises on the date of termination of a plan, and continues until the liability imposed under section 4062, 4063, or 4064 is satisfied or becomes unenforceable by reason of lapse of time. (c) (1) Except as otherwise provided under this section, the priority of the lien imposed under subsection (a) shall be determined in the same manner as under section 6323 of the Internal Revenue Code of 1954. Such section 6323 shall be applied by substituting “lien imposed 26 USC 6323. by section 4068 of the Employee Retirement Income Security Act of 1974” for “lien imposed by section 6321”; “corporation” for “Secretary or his delegate”; “employer liability lien” for “tax lien”; “employer” for “taxpayer”; “lien arising under section 4068(a) of the Employee Retirement Income Security Act of 1974” for “assessment of the tax”; and “payment of the loan value is made to the corporation” for “satisfaction of a levy pursuant to section 6332(b)”; each place such terms 26 USC 6332. appear. (2) In the case of bankruptcy or insolvency proceedings, the lien imposed under subsection (a) shall be treated in the same manner as a tax due and owing to the United States for purposes of the Bankruptcy Act or section 3466 of the Revised Statutes (31 U.S.C. 191). 11 USC 1 note. (3) For purposes of applying section 6323(a) of the Internal Revenue Code of 1954 to determine the priority between the lien imposed 26 USC 6323. under subsection (a) and a Federal tax lien, each lien shall be treated as a judgment lien arising as of the time notice of such lien is filed. (4) For purposes of this subsection, notice of the lien imposed by subsection (a) shall be filed in the same manner as under section 6323 (f) and (g) of the Internal Revenue Code of 1954. (d) (1) In any case where there has been a refusal or neglect to pay the liability imposed under section 4062, 4063, or 4064, the corporation Ante, pp. 1029–1031. may bring civil action in a district court of the United States to enforce the lien of the corporation under this section with respect to such liability or to subject any property, of whatever nature, of the employer, or in which he has any right, title, or interest to the payment of such liability. (2) The liability imposed by section 4062, 4063, or 4064 may be collected by a proceeding in court if the proceeding is commenced within 6 years after the date upon which the plan was terminated or prior to the expiration of any period for collection agreed upon in writing by the corporation and the employer before the expiration of such 6-year period. The period of limitations provided under this paragraph shall be suspended for the period the assets of the employer are in the control or custody of any court of the United States, or of any State, or of the District of Columbia, and for 6 months thereafter, and for any period during which the employer is outside the United States if such period of absence is for a continuous period of at least 6 months. (e) If the corporation determines, with the consent of the board of directors, that release of the lien or subordination of the lien to any other creditor of the employer or employers would not adversely affect the collection of the liability imposed under section 4062, 4063, or 4064, or that the amount realizable by the corporation from the property to which the lien attaches will ultimately be increased by such release or subordination, and that the ultimate collection of the liability will be facilitated by such release or subordination, the corporation may issue a certificate of release or subordination of the lien with respect to such property, or any part thereof.

2. 1978

   Pub. L. 95–598 title III § 321(c) · 92 Stat. 2549

   Substituted · 29 U.S.C. § 1368(c)(2)

   Pub. L. 95–598 substituted “a case under title 11 or in” and “title 11” for “the case of bankruptcy or” and “the Bankruptcy Act”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 95–598 substituted “a case under title 11 or in” and “title 11” for “the case of bankruptcy or” and “the Bankruptcy Act”.

   Enacted provision · exact public law section
   (c) Section 4068(c)(2) of such Act (29 U.S.C. 1368(c)(2)) is amended— (1) by striking out “the case of bankruptcy or” and inserting “a case under title 11 of the United States Code or in” in lieu thereof; and (2) by striking out “the Bankruptcy Act” and inserting “title 11 of the United States Code” in lieu thereof.

3. 1986

   Single-Employer Pension Plan Amendments Act of 1986

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

   Struck · 29 U.S.C. § 1368

   Pub. L. 99–272, § 11016(a)(6)(B)(i), struck out “of employer” after “liability” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 99–272, § 11016(a)(6)(B)(i), struck out “of employer” after “liability” in section catchline.

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

4. 1986

   Single-Employer Pension Plan Amendments Act of 1986

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

   1. Substituted · 29 U.S.C. § 1368(a)

      Pub. L. 99–272, § 11016(a)(6)(B)(ii), substituted “person liable” for “employer or employers liable”

   2. Substituted · 29 U.S.C. § 1368(a)

      Pub. L. 99–272, § 11016(a)(6)(B)(ii), substituted “neglects or refuses” for “neglect or refuse”

   3. Substituted · 29 U.S.C. § 1368(a)

      Pub. L. 99–272, § 11016(a)(6)(B)(ii), substituted “such person” for “such employer or employers”

   4. Inserted · 29 U.S.C. § 1368(a)

      Pub. L. 99–272, § 11016(a)(6)(B)(ii), inserted “to the extent of an amount equal to the unpaid amount described in section 1362(b)(1)(A)(i) of this title” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–272, § 11016(a)(6)(B)(ii), substituted “person liable” for “employer or employers liable”, “neglects or refuses” for “neglect or refuse”, and “such person” for “such employer or employers” and inserted “to the extent of an amount equal to the unpaid amount described in section 1362(b)(1)(A)(i) of this title” in two places.

   Enacted provision · exact public law section
   (ii) in subsection (a), by striking out “employer or employers” the first place it appears and inserting in lieu thereof “person”, by striking out “neglect or refuse” and inserting in lieu thereof “neglects or refuses”, by inserting “to the extent of an amount equal to the unpaid amount described in section 4062(b)(1)(A)(i)” after “liability” and after “corporation” the second place it appears, and by striking out employer or employers” and inserting in lieu thereof “person”;

5. 1986

   Single-Employer Pension Plan Amendments Act of 1986

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

   Substituted · 29 U.S.C. § 1368(c)(1)

   Pub. L. 99–272, § 11016(a)(6)(B)(vi), substituted par. (1) for former par. (1) which read as follows: “Except as otherwise provided under this section, the priority of the lien imposed under subsection (a) shall be determined in the same manner as under section 6323 of title 26. Such section 6323 shall be applied by substituting ‘lien imposed by section 4068 of the Employee Retirement Income Security Act of 1974’ for ‘lien imposed by section 6321’; ‘corporation’ for ‘Secretary or his delegate’; ‘employer liability lien’ for ‘tax lien’; ‘employer’ for ‘taxpayer’; ‘lien arising under section 4068(a) of the Employee Retirement Income Security Act of 1974’ for ‘assessment of the tax’; and ‘payment of the loan value is made to the corporation’ for ‘satisfaction of a levy pursuant to section 6332(b)’; each place such terms appear.”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 99–272, § 11016(a)(6)(B)(vi), substituted par. (1) for former par. (1) which read as follows: “Except as otherwise provided under this section, the priority of the lien imposed under subsection (a) shall be determined in the same manner as under section 6323 of title 26. Such section 6323 shall be applied by substituting ‘lien imposed by section 4068 of the Employee Retirement Income Security Act of 1974’ for ‘lien imposed by section 6321’; ‘corporation’ for ‘Secretary or his delegate’; ‘employer liability lien’ for ‘tax lien’; ‘employer’ for ‘taxpayer’; ‘lien arising under section 4068(a) of the Employee Retirement Income Security Act of 1974’ for ‘assessment of the tax’; and ‘payment of the loan value is made to the corporation’ for ‘satisfaction of a levy pursuant to section 6332(b)’; each place such terms appear.”

   Enacted provision · exact public law section
   (vi) by striking out subsection (c)(1) (29 U.S.C. 1368(c)(1)) and inserting in lieu thereof the following: “(c) (1) Except as otherwise provided under this section, the priority of a lien imposed under subsection (a) shall be determined in the same manner as under section 6323 of the Internal Revenue Code of 26 USC 6323. Ante, p. 237. 1954 (as in effect on the date of the enactment of the Single-Employer Pension Plan Amendments Act of 1986). Such section 6323 shall be applied for purposes of this section by disregarding subsection (g)(4) and by substituting— (A) ‘lien imposed by section 4068 of the Employee Retirement 29 USC 1368. Income Security Act of 1974’ for ‘lien imposed by section 6321’ each place it appears in subsections (a), (b), (c)(1), (c)(4)(B), (d), (e), and (h)(5); “(B) ‘the corporation’ for ‘the Secretary’ in subsections (a) and (b)(9)(C); “(C) ‘the payment of the amount on which the section 4068(a) lien is based’ for ‘the collection of any tax under this title’ in subsection (b)(3); “(D) ‘a person whose property is subject to the lien’ for ‘the taxpayer’ in subsections (b)(8), (c)(2)(A)(i) (the first place it appears), (c)(2)(A)(ii), (c)(2)(B), (c)(4)(B), and (c)(4)(C) (in the matter preceding clause (i)); “(E) ‘such person’ for ‘the taxpayer’ in subsections (c)(2)(A)(i) (the second place it appears) and (c)(4)(C)(ii); “(F) ’payment of the loan value of the amount on which the lien is based is made to the corporation’ for ‘satisfaction of a levy pursuant to section 6332(b)’ in subsection (b)(9)(C); “(G) ‘section 4068(a) lien’ for ‘tax lien’ each place it appears in subsections (c)(1), (c)(2)(A), (c)(2)(B), (c)(3)(B)(iii), (c)(4)(B), (d), and (h)(5); and “(H) ‘the date on which the lien is first filed’ for ‘the date of the assessment of the tax’ in subsection (g)(3)(A).”.

6. 1986

   Single-Employer Pension Plan Amendments Act of 1986

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

   Substituted · 29 U.S.C. § 1368(d)(1); 29 U.S.C. § 1368(d)(2)

   Pub. L. 99–272, § 11016(a)(6)(B)(iii), (iv), substituted “liable person” for “employer” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (d)(1), (2). Pub. L. 99–272, § 11016(a)(6)(B)(iii), (iv), substituted “liable person” for “employer” wherever appearing.

   Enacted provision · exact public law section
   (iii) in subsection (d)(1), by striking out “employer” and inserting in lieu thereof “liable person”;

7. 1986

   Single-Employer Pension Plan Amendments Act of 1986

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

   1. Struck · 29 U.S.C. § 1368(e)

      Pub. L. 99–272, § 11016(a)(6)(B)(v), (c)(14), struck out “, with the consent of the board of directors,” after “corporation determines”

   2. Substituted · 29 U.S.C. § 1368(e)

      Pub. L. 99–272, § 11016(a)(6)(B)(v), (c)(14), substituted “liable person” for “employer or employers”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–272, § 11016(a)(6)(B)(v), (c)(14), struck out “, with the consent of the board of directors,” after “corporation determines” and substituted “liable person” for “employer or employers”.

   Enacted provision · exact public law section
   (v) in subsection (e), by striking out “employer or employers” and inserting in lieu thereof “liable person”; and

8. 1987

   Pub. L. 100–203 § 9312(b)(2)(B)(i) · 101 Stat. 1330

   Substituted · 29 U.S.C. § 1368(a)

   Pub. L. 100–203, § 9312(b)(2)(B)(i), substituted “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 1362(a) of this title” for “to the extent of an amount equal to the unpaid amount described in section 1362(b)(1)(A)(i) of this title” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–203, § 9312(b)(2)(B)(i), substituted “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 1362(a) of this title” for “to the extent of an amount equal to the unpaid amount described in section 1362(b)(1)(A)(i) of this title” in two places.

   Enacted provision · exact public law section
   (i) Subsection (a) of section 4068 of ERISA (29 U.S.C. 1368(a)) is amended by striking out “to the extent of an amount equal to the unpaid amount described in section 4062(b)(l)(A)(i)” each place it appears and inserting in lieu thereof “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 4062(a)”.

   Effective date note
   Amendment by section 7881(f)(3)(B), (10)(C), (12) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Pub. L. 101–239, title VII, § 7894(g)(4)(B), Dec. 19, 1989, 103 Stat. 2451, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 3 of Public Law 97–258.”

9. 1987

   Pub. L. 100–203 § 9312(b)(2)(C)(ii) · 101 Stat. 1330

   Inserted · 29 U.S.C. § 1368(a)

   Pub. L. 100–203, § 9312(b)(2)(C)(ii), inserted at end “The preceding provisions of this subsection shall be applied in a manner consistent with the provisions of section 1364(d) of this title relating to treatment of multiple controlled groups.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–203, § 9312(b)(2)(C)(ii), inserted at end “The preceding provisions of this subsection shall be applied in a manner consistent with the provisions of section 1364(d) of this title relating to treatment of multiple controlled groups.”

   Enacted provision · exact public law section
   (C) Treatment of multiple controlled groups.— (i) In general.— So much of section 4064(b) of ERISA (29 U.S.C. 13640t))) as precedes the second sentence is amended to read as follows:

   Effective date note
   Amendment by section 7881(f)(3)(B), (10)(C), (12) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Pub. L. 101–239, title VII, § 7894(g)(4)(B), Dec. 19, 1989, 103 Stat. 2451, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 3 of Public Law 97–258.”

10. 1989

    Revenue Reconciliation Act of 1989

    Pub. L. 101–239 § 7881(f)(12) · 103 Stat. 2106

    1. Struck · 29 U.S.C. § 1368(a)

       Pub. L. 101–239, § 7881(f)(12), struck out “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 1362(a) of this title” after “the amount of such liability”

    2. Substituted · 29 U.S.C. § 1368(a)

       Pub. L. 101–239, § 7881(f)(12), substituted “in the amount of such liability (including interest) upon all property and rights to property, whether real or personal, belonging to such person, except that such lien may not be in an amount in excess of 30 percent of the collective net worth of all persons described in section 1362(a) of this title” for “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 1362(a) of this title upon all property and rights to property, whether real or personal, belonging to such person.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–239, § 7881(f)(12), struck out “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 1362(a) of this title” after “the amount of such liability” and substituted “in the amount of such liability (including interest) upon all property and rights to property, whether real or personal, belonging to such person, except that such lien may not be in an amount in excess of 30 percent of the collective net worth of all persons described in section 1362(a) of this title” for “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 1362(a) of this title upon all property and rights to property, whether real or personal, belonging to such person.”

    Enacted provision · exact public law section
    (12) Subsection (a) of section 4068 of ERISA is amended— (A) by striking “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 4062(a)” the first place it appears; and (B) by striking “to the extent such amount does not Gifts and property. Real property. exceed 30 percent of the collective net worth of all persons described in section 4062(a)” the second place it appears and all that follows and inserting the following: “in the amount of such liability (including interest) upon all property and rights to property, whether real or personal, belonging to such person, except that such lien may not be in an amount in excess of 30 percent of the collective net worth of all persons described in section 4062(a)”.

    Effective date note
    Amendment by section 7881(f)(3)(B), (10)(C), (12) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Pub. L. 101–239, title VII, § 7894(g)(4)(B), Dec. 19, 1989, 103 Stat. 2451, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 3 of Public Law 97–258.”

11. 1989

    Revenue Reconciliation Act of 1989

    Pub. L. 101–239 § 7881(f)(3)(B) · 103 Stat. 2106

    Struck · 29 U.S.C. § 1368(a)

    Pub. L. 101–239, § 7881(f)(3)(B), struck out at end “The preceding provisions of this subsection shall be applied in a manner consistent with the provisions of section 1364(d) of this title relating to treatment of multiple controlled groups.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–239, § 7881(f)(3)(B), struck out at end “The preceding provisions of this subsection shall be applied in a manner consistent with the provisions of section 1364(d) of this title relating to treatment of multiple controlled groups.”

    Enacted provision · exact public law section
    (B) Section 4068(a) of ERISA is amended by striking the last sentence.

    Effective date note
    Amendment by section 7881(f)(3)(B), (10)(C), (12) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Pub. L. 101–239, title VII, § 7894(g)(4)(B), Dec. 19, 1989, 103 Stat. 2451, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 3 of Public Law 97–258.”

12. 1989

    Revenue Reconciliation Act of 1989

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

    Substituted · 29 U.S.C. § 1368(c)

    Pub. L. 101–239, § 7891(a)(1), in pars. (1), (3), and (4), 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. (c). Pub. L. 101–239, § 7891(a)(1), in pars. (1), (3), and (4), 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”.

    Effective date note
    Amendment by section 7881(f)(3)(B), (10)(C), (12) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Pub. L. 101–239, title VII, § 7894(g)(4)(B), Dec. 19, 1989, 103 Stat. 2451, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 3 of Public Law 97–258.”

13. 1989

    Revenue Reconciliation Act of 1989

    Pub. L. 101–239 § 7894(g)(4)(A) · 103 Stat. 2106

    Substituted · 29 U.S.C. § 1368(c)(2)

    Pub. L. 101–239, § 7894(g)(4)(A), substituted “section 3713 of title 31” for “section 3466 of the Revised Statutes (31 U.S.C. 191)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 101–239, § 7894(g)(4)(A), substituted “section 3713 of title 31” for “section 3466 of the Revised Statutes (31 U.S.C. 191)”.

    Enacted provision · exact public law section
    (A) Paragraph (2) of section 4068(c) of ERISA is amended by 29 USC 1368. striking “section 3466 of the Revised Statutes (31 U.S.C. 191)” and inserting “section 3713 of title 31 of the United States Code”.

    Effective date note
    Amendment by section 7881(f)(3)(B), (10)(C), (12) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Pub. L. 101–239, title VII, § 7894(g)(4)(B), Dec. 19, 1989, 103 Stat. 2451, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 3 of Public Law 97–258.”

14. 1989

    Revenue Reconciliation Act of 1989

    Pub. L. 101–239 § 7881(f)(10)(C) · 103 Stat. 2106

    Added · 29 U.S.C. § 1368(f)

    Pub. L. 101–239, § 7881(f)(10)(C), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–239, § 7881(f)(10)(C), added subsec. (f).

    Enacted provision · exact public law section
    (C) Section 4068 of ERISA is amended by adding at the end 29 USC 1368. the following new subsection: “(f) Definitions.— For purposes of this section— “(1) The collective net worth of persons subject to liability in connection with a plan termination shall be determined as provided in section 4062(d)(1). “(2) The term ‘pre-tax profits’ has the meaning provided in section 4062(d)(2).”.

    Effective date note
    Amendment by section 7881(f)(3)(B), (10)(C), (12) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Pub. L. 101–239, title VII, § 7894(g)(4)(B), Dec. 19, 1989, 103 Stat. 2451, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 3 of Public Law 97–258.”

19 of 19 references resolved to an enrolled provision