Title 29 — Labor
Part 1 · Chapter 18 — Employee Retirement Income Security Program
§ 1397. Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan
Statutory text
For the purpose of determining the amount of unfunded vested benefits allocable to an employer for a partial or complete withdrawal from a plan which occurs after , and for the purpose of determining whether there has been a partial withdrawal after such date, the amount of contributions, and the number of contribution base units, of such employer properly allocable—
to work performed under a collective bargaining agreement for which there was a permanent cessation of the obligation to contribute before , or
to work performed at a facility at which all covered operations permanently ceased before , or for which there was a permanent cessation of the obligation to contribute before that date,
shall not be taken into account.
A plan may, in a manner not inconsistent with regulations, which shall be prescribed by the corporation, adjust the amount of unfunded vested benefits allocable to other employers under a plan maintained by an employer described in subsection (a).
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.
Employee Retirement Income Security Act of 1974
Pub. L. 93–406 title IV § 4217 · 88 Stat. 829
Enacted · 29 U.S.C. § 1397
Pub. L. 93–406, title IV, § 4217, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1235
Source evidence
Code source credit
Pub. L. 93–406, title IV, § 4217, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1235Tax Reform Act of 1984
Pub. L. 98–369 § 558(b)(1)(A) · 98 Stat. 494
Substituted · 29 U.S.C. § 1397(a)
Pub. L. 98–369, § 558(b)(1)(A), (B), substituted “September 25, 1980” for “April 28, 1980” in pars. (1) and (2)
Substituted · 29 U.S.C. § 1397(a)
Pub. L. 98–369, § 558(b)(1)(A), (B), substituted “September 26, 1980” for “April 29, 1980” in pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–369, § 558(b)(1)(A), (B), substituted “September 25, 1980” for “April 28, 1980” in provisions preceding par. (1) and “September 26, 1980” for “April 29, 1980” in pars. (1) and (2).Enacted provision · exact public law section
(A) Sections 4211 (b) and (c), 4217(a), and 4235(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1391 (b) and (c), 1397(a), and 1415(a)) are amended by striking out “April 28, 1980” each place it appears and inserting in lieu thereof “September 25, 1980”.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
1984—Subsec. (a). Pub. L. 98–369, § 558(b)(1)(A), (B), substituted “” for “” in provisions preceding par. (1) and “” for “” in pars. (1) and (2).
Credits
1980–1984 · 2 acts
- 1980Pub. L. 93–406, title IV, § 4217, as added Pub. L. 96–364, title I, § 104(2), , 94 Stat. 1235
- 1984amended Pub. L. 98–369, div. A, title V, § 558(b)(1)(A), (B), , 98 Stat. 899.
Show as published
(Pub. L. 93–406, title IV, § 4217, as added Pub. L. 96–364, title I, § 104(2), , 94 Stat. 1235; amended Pub. L. 98–369, div. A, title V, § 558(b)(1)(A), (B), , 98 Stat. 899.)