ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

29 U.S.C. § 1364 — Liability on termination of single-employer plans under multiple controlled groups

submitted 52 years ago by Pub. L. 93-406 to r/title-29-LABOR · 238 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section applies when a single-employer plan has multiple contributing sponsors, including at least two outside common control, when the plan ends. The corporation allocates plan liability among controlled groups using recent required contributions, but may use another equitable regulatory method.

(a) This section applies to every contributing sponsor of a single-employer plan that has at least two contributing sponsors, when at least two of them are not under common control when the plan ends under section 1341(c) or 1342 of this title, or when they contributed under the plan at any time during the five plan years before termination. This section does not define “contributing sponsor,“ “single-employer plan,“ “common control,“ or “plan year.“ (b) The corporation must determine the liability of each contributing sponsor and each member of its controlled group consistently with section 1362 of this title. However, the amount for the entire plan determined under section 1362(b)(1) must be allocated to each controlled group by multiplying that amount by a fraction. (1) The fraction's numerator is the amount that persons in that controlled group, as contributing sponsors, were required to contribute for the last five plan years ending before termination. (2) The denominator is the total amount that all persons, as contributing sponsors, were required to contribute for those five plan years. Section 1368(a) of this title applies separately to each controlled group. The corporation may also determine each contributing sponsor's and controlled-group member's liability on any other equitable basis that the corporation prescribes by regulation.

the actual law source: uscode.house.gov ↗public domain
(a)

This section applies to all contributing sponsors of a single-employer plan which has two or more contributing sponsors at least two of whom are not under common control at the time such plan is terminated under section 1341(c) or 1342 of this title, or who, at any time within the 5 plan years preceding the date of termination, made contributions under the plan.

(b)

The corporation shall determine the liability with respect to each contributing sponsor and each member of its controlled group in a manner consistent with section 1362 of this title, except that the amount of liability determined under section 1362(b)(1) of this title with respect to the entire plan shall be allocated to each controlled group by multiplying such amount by a fraction—

(1)

the numerator of which is the amount required to be contributed to the plan for the last 5 plan years ending prior to the termination date by persons in such controlled group as contributing sponsors, and

(2)

the denominator of which is the total amount required to be contributed to the plan for such last 5 plan years by all persons as contributing sponsors,

and section 1368(a) of this title shall be applied separately with respect to each controlled group. The corporation may also determine the liability of each such contributing sponsor and member of its controlled group on any other equitable basis prescribed by the corporation in regulations.

Source credit: (Pub. L. 93–406, title IV, § 4064, Sept. 2, 1974, 88 Stat. 1031; Pub. L. 96–364, title IV, § 403(i), Sept. 26, 1980, 94 Stat. 1301; Pub. L. 99–272, title XI, § 11016(a)(5)(B), Apr. 7, 1986, 100 Stat. 270; Pub. L. 100–203, title IX, § 9312(b)(2)(C)(i), Dec. 22, 1987, 101 Stat. 1330–361; Pub. L. 101–239, title VII, § 7881(f)(3)(A), Dec. 19, 1989, 103 Stat. 2440.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-406 · 88 Stat. 1031
  • 1980Amended · Pub. L. 96-364 · 94 Stat. 1301
  • 1986Amended · Pub. L. 99-272 · 100 Stat. 270
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2440

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-406 on 1974-09-02.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case