29 U.S.C. · Labor
29 U.S.C. § 1397

Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan

Ch. 18 — EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
Title 29 U.S.C. ● ACTIVE Primary Source Ch. 18
Statutory Text

29 U.S.C. § 1397 — Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan

U.S.C. Title 29 - LABOR 29 U.S.C. United States Code, 2023 Edition Title 29 - LABOR CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM SUBCHAPTER III - PLAN TERMINATION INSURANCE Subtitle E - Special Provisions for Multiemployer Plans part 1 - employer withdrawals Sec. 1397 - Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan From the U.S. Government Publishing Office, www.gpo.gov

§1397. Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan

(a) 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 September 25, 1980, 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— (1) to work performed under a collective bargaining agreement for which there was a permanent cessation of the obligation to contribute before September 26, 1980, or (2) to work performed at a facility at which all covered operations permanently ceased before September 26, 1980, or for which there was a permanent cessation of the obligation to contribute before that date,

shall not be taken into account. (b) 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).

(Pub. L. 93–406, title IV, §4217, as added Pub. L. 96–364, title I, §104(2), Sept. 26, 1980, 94 Stat. 1235; amended Pub. L. 98–369, div. A, title V, §558(b)(1)(A), (B), July 18, 1984, 98 Stat. 899.)

Editorial Notes

Amendments 1984—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).

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