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Title 29 — Labor

Part 1 · Chapter 18 — Employee Retirement Income Security Program

§ 1390. Nonapplicability of withdrawal liability for certain temporary contribution obligation periods; exception

Statutory text

(a)

An employer who withdraws from a plan in complete or partial withdrawal is not liable to the plan if the employer—

(1)

first had an obligation to contribute to the plan after ,

(2)

had an obligation to contribute to the plan for no more than the lesser of—

(A)

6 consecutive plan years preceding the date on which the employer withdraws, or

(B)

the number of years required for vesting under the plan,

(3)

was required to make contributions to the plan for each such plan year in an amount equal to less than 2 percent of the sum of all employer contributions made to the plan for each such year, and

(4)

has never avoided withdrawal liability because of the application of this section with respect to the plan.

(b)

Subsection (a) shall apply to an employer with respect to a plan only if—

(1)

the plan is amended to provide that subsection (a) applies;

(2)

the plan provides, or is amended to provide, that the reduction under section 411(a)(3)(E) of title 26 applies with respect to the employees of the employer; and

(3)

the ratio of the assets of the plan for the plan year preceding the first plan year for which the employer was required to contribute to the plan to the benefit payments made during that plan year was at least 8 to 1.

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 § 4210 · 88 Stat. 829

    Enacted · 29 U.S.C. § 1390

    Pub. L. 93–406, title IV, § 4210, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1226

    Source evidence

    Code source credit
    Pub. L. 93–406, title IV, § 4210, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1226

  2. Revenue Reconciliation Act of 1989

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

    Substituted · 29 U.S.C. § 1390(b)(3)

    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)(3). 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”.

  3. Pub. L. 109–280 title II § 204(c)(1) · 120 Stat. 780

    1. Redesignated · 29 U.S.C. § 1390(b)(1)(4)

      Pub. L. 109–280 redesignated pars. (2) to (4) as (1) to (3), respectively

    2. Struck · 29 U.S.C. § 1390(b)(1)(4)

      Pub. L. 109–280 struck out former par. (1) which read as follows: “the plan is not a plan which primarily covers employees in the building and construction industry;”

    Source evidence

    Code amendment note
    Subsec. (b)(1) to (4). Pub. L. 109–280 redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “the plan is not a plan which primarily covers employees in the building and construction industry;”.

    Enacted provision · exact public law section
    (1) In general.— Section 4210(b) of such Act (29 U.S.C. 1390(b)) is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.

    Effective date note
    Pub. L. 109–280, title II, § 204(c)(3), Aug. 17, 2006, 120 Stat. 887, provided that: “The amendments made by this subsection [amending this section and section 1391 of this title] shall apply with respect to plan withdrawals occurring on or after January 1, 2007.”

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1989–2006 · 2 rounds

2006

Subsec. (b)(1) to (4). Pub. L. 109–280 redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “the plan is not a plan which primarily covers employees in the building and construction industry;”.

1989

Subsec. (b)(3). 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–280, title II, § 204(c)(3), , 120 Stat. 887, provided that: “The amendments made by this subsection [amending this section and section 1391 of this title] shall apply with respect to plan withdrawals occurring on or after .”

Effective Date of 1989 Amendment

Amendment by 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.

Credits

1980–2006 · 3 acts
  1. 1980Pub. L. 93–406, title IV, § 4210, as added Pub. L. 96–364, title I, § 104(2), , 94 Stat. 1226
  2. 1989amended Pub. L. 101–239, title VII, § 7891(a)(1), , 103 Stat. 2445
  3. 2006Pub. L. 109–280, title II, § 204(c)(1), , 120 Stat. 887.
Show as published

(Pub. L. 93–406, title IV, § 4210, as added Pub. L. 96–364, title I, § 104(2), , 94 Stat. 1226; amended Pub. L. 101–239, title VII, § 7891(a)(1), , 103 Stat. 2445; Pub. L. 109–280, title II, § 204(c)(1), , 120 Stat. 887.)

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