29 USC 1344 - Allocation of assets

Editorial Notes

References in Text

The enactment of the Omnibus Budget Reconciliation Act of 1990, referred to in subsec. (d)(4), is the enactment of Puspan. L. 101–508, which was approved Nov. 5, 1990.

Amendments

2008—Subsecs. (e), (f). Puspan. L. 110–458 redesignated subsec. (e) relating to valuation of section 1362(c) liability for determining amounts payable by corporation to participants and beneficiaries as (f).

2006—Subsec. (a)(4)(B). Puspan. L. 109–280, § 407(span)(1), substituted “1322(span)(5)(B)” for “1322(span)(5)”.

Subsec. (span)(2). Puspan. L. 109–280, § 407(span)(2)(A), substituted “(4), (5),” for “(5)”.

Subsec. (span)(3) to (7). Puspan. L. 109–280, § 407(span)(2)(B), added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.

Subsec. (e). Puspan. L. 109–280, § 408(span)(2), added subsec. (e) relating to valuation of section 1362(c) liability for determining amounts payable by corporation to participants and beneficiaries.

Puspan. L. 109–280, § 404(span), added subsec. (e) relating to substitution of bankruptcy filing date for termination date.

1990—Subsec. (d)(4). Puspan. L. 101–508 added par. (4).

1989—Subsec. (a)(1). Puspan. L. 101–239, § 7894(g)(2), substituted “accrued” for “accured”.

Subsec. (span)(4). Puspan. L. 101–239, § 7891(a)(1), 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.

Subsec. (d)(3). Puspan. L. 101–239, § 7881(e)(3), made technical correction to directory language of Puspan. L. 100–203, § 9311(span)(2), see 1987 Amendment note below.

1987—Subsec. (span)(4). Puspan. L. 100–203, § 9311(c), struck out reference to section 405(a) of title 26.

Subsec. (d)(1). Puspan. L. 100–203, § 9311(span)(1), substituted “Subject to paragraph (3), any” for “Any”.

Subsec. (d)(2). Puspan. L. 100–203, § 9311(a)(1)(B), added par. (2). Former par. (2) redesignated (3).

Subsec. (d)(3). Puspan. L. 100–203, § 9311(span)(2), as amended by Puspan. L. 101–239, § 7881(e)(3), added par. (3), and struck out former par. (3) which read as follows: “Notwithstanding the provisions of paragraph (1), if any assets of the plan attributable to employee contributions, remain after all liabilities of the plan to participants and their beneficiaries have been satisfied, such assets shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions.”

Puspan. L. 100–203, § 9311(a)(1)(A), redesignated former par. (2) as (3).

1986—Subsec. (a). Puspan. L. 99–272, § 11016(c)(12), in provision preceding par. (1) struck out “defined benefit” after “single-employer”.

Subsec. (a)(4)(A). Puspan. L. 99–272, § 11016(c)(13)(A), substituted “section 1322span(a)” for “section 1322(span)(5)”.

Subsec. (a)(4)(B). Puspan. L. 99–272, § 11016(c)(13)(B), substituted “section 1322(span)(5)” for “section 1322(span)(6)”.

1980—Subsec. (a). Puspan. L. 96–364, § 402(a)(7)(A), inserted “single-employer” before “defined benefit”.

Subsec. (c). Puspan. L. 96–364, § 402(a)(7)(B), inserted “single-employer” before “plan occurring” wherever appearing.

Subsec. (d)(1). Puspan. L. 96–364, § 402(a)(7)(C), inserted “single-employer” after “assets of a”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–458 effective as if included in the provisions of Puspan. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Puspan. L. 110–458, set out as a note under section 72 of Title 26, Internal Revenue Code.

Effective Date of 2006 Amendment

Amendment by section 404(span) of Puspan. L. 109–280 applicable with respect to proceedings initiated under Title 11, Bankruptcy, or under any similar Federal law or law of a State or political subdivision, on or after the date that is 30 days after Aug. 17, 2006, see section 404(c) of Puspan. L. 109–280, set out as a note under section 1322 of this title.

Amendment by section 407(span) of Puspan. L. 109–280 applicable to plan terminations under section 1341(c) of this title with respect to which notices of intent to terminate are provided under section 1341(a)(2) of this title after Dec. 31, 2005, and under section 1342 of this title with respect to which notices of determination are provided under such section after such date, see section 407(d)(1) of Puspan. L. 109–280, set out as a note under section 1321 of this title.

Amendment by section 408(span)(2) of Puspan. L. 109–280 applicable for any termination for which notices of intent to terminate are provided, or in the case of a termination by the corporation, a notice of determination under section 1342 of this title is issued, on or after the date which is 30 days after Aug. 17, 2006, see section 408(c) of Puspan. L. 109–280, set out as a note under section 1322 of this title.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–508 applicable to reversions occurring after Sept. 30, 1990, but not applicable to any reversion after Sept. 30, 1990, if (1) in the case of plans subject to subchapter III of this chapter, notice of intent to terminate under such subchapter was provided to participants (or if no participants, to Pension Benefit Guaranty Corporation) before Oct. 1, 1990, (2) in the case of plans subject to subchapter I of this chapter (and not subchapter III), notice of intent to reduce future accruals under section 1054(h) of this title was provided to participants in connection with termination before Oct. 1, 1990, (3) in the case of plans not subject to subchapter I or III of this chapter, a request for a determination letter with respect to termination was filed with Secretary of the Treasury or Secretary’s delegate before Oct. 1, 1990, or (4) in the case of plans not subject to subchapter I or III of this chapter and having only one participant, a resolution terminating the plan was adopted by employer before Oct. 1, 1990, see section 12003 of Puspan. L. 101–508, set out as a note under section 4980 of Title 26, Internal Revenue Code.

Effective Date of 1989 Amendment

Amendment by section 7881(e)(3) of Puspan. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Puspan. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Puspan. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code.

Amendment by section 7891(a)(1) of Puspan. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 7891(f) of Puspan. L. 101–239, set out as a note under section 1002 of this title.

Amendment by section 7894(g)(2) of Puspan. L. 101–239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Puspan. L. 93–406, to which such amendment relates, see section 7894(i) of Puspan. L. 101–239, set out as a note under section 1002 of this title.

Effective Date of 1987 Amendment

Puspan. L. 100–203, title IX, § 9311(d), Dec. 22, 1987, 101 Stat. 1330–360, as amended by Puspan. L. 101–239, title VII, § 7881(e)(2), Dec. 19, 1989, 103 Stat. 2439, provided that:

“The amendments made by this section [amending this section] shall apply with respect to—

“(1) plan terminations under section 4041 of ERISA [29 U.S.C. 1341] with respect to which notices of intent to terminate are provided under section 4041(a)(2) of ERISA after December 17, 1987, and

“(2) plan terminations with respect to which proceedings are instituted by the Pension Benefit Guaranty Corporation under section 4042 of ERISA [29 U.S.C. 1342] after December 17, 1987.

Except as provided in subsection (a)(2) [set out below], the amendments made by subsection (a) [amending this section] shall apply to any provision of the plan or plan amendment adopted after December 17, 1987.”

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–272 effective Jan. 1, 1986, with certain exceptions, see section 11019 of Puspan. L. 99–272, set out as a note under section 1341 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

Transitional Rule Relating to Restrictions on Employer Reversions Upon Plan Termination Pursuant to Recently Amended Plans

Puspan. L. 100–203, title IX, § 9311(a)(2), Dec. 22, 1987, 101 Stat. 1330–359, as amended by Puspan. L. 101–239, title VII, § 7881(e)(1), (4), Dec. 19, 1989, 103 Stat. 2439, 2440, provided that: “The amendments made by paragraph (1) [amending this section] shall apply, in the case of plans which, as of December 17, 1987, have no provision relating to the distribution of residual plan assets upon termination, only with respect to plan amendments providing for the distribution of plan assets to the employer which are adopted after December 17, 1988.”

Special Temporary Rule for Termination of Single-Employer Plan

For special temporary rule relating to requirements to be met before the final distribution of assets in the case of the termination of certain single-employer plans with respect to which the amount payable to the employer pursuant to subsec. (d) of this section exceeds $1,000,000, see section 11008(d) of Puspan. L. 99–272, set out as a note under section 1341 of this title.