29 U.S.C. § 1386 — Adjustment for partial withdrawal; determination of amount; reduction for partial withdrawal liability; procedures applicable
submitted 46 years ago by Pub. L. 93-406 to r/title-29-LABOR · 397 words · no verdicts yet
This section calculates an employer’s liability for a partial withdrawal by multiplying a complete-withdrawal amount by a contribution-based fraction. It also requires later withdrawal liability to be reduced by earlier partial-withdrawal liability, with regulatory adjustments.
(a) Amount. Before applying sections 1399(c)(1) and 1405, partial-withdrawal liability equals:
(1) the amount determined under section 1391, adjusted under section 1389 when appropriate, as if the employer had completely withdrawn—on the partial-withdrawal date, or, for a 70-percent contribution decline under section 1385(a)(1), on the last day of the first plan year* in the three-year testing period—multiplied by
(2) a fraction equal to 1 minus a second fraction. The second fraction’s numerator is the employer’s contribution-base units for the plan year after the partial withdrawal. Its denominator is the average units for the five plan years before the withdrawal, except that for a 70-percent decline it is the average for the five years before the testing period began.
(b) Later liability.
(1) If an employer has partial-withdrawal liability, its later partial- or complete-withdrawal liability from the same plan must be reduced by the earlier partial-withdrawal liability, after any abatement or reduction.
(2) The corporation must issue regulations to adjust that reduction for changes in unfunded vested benefits* after the prior determination, changes in contribution-base units after that year, and other appropriate factors, so the later liability properly reflects the employer’s share.
The amount of an employer’s liability for a partial withdrawal, before the application of sections 1399(c)(1) and 1405 of this title, is equal to the product of—
the amount determined under section 1391 of this title, and adjusted under section 1389 of this title if appropriate, determined as if the employer had withdrawn from the plan in a complete withdrawal—
on the date of the partial withdrawal, or
in the case of a partial withdrawal described in section 1385(a)(1) of this title (relating to 70-percent contribution decline), on the last day of the first plan year* in the 3-year testing period,
multiplied by
a fraction which is 1 minus a fraction—
the numerator of which is the employer’s contribution base units for the plan year following the plan year in which the partial withdrawal occurs, and
the denominator of which is the average of the employer’s contribution base units for—
except as provided in clause (ii), the 5 plan years immediately preceding the plan year in which the partial withdrawal occurs, or
in the case of a partial withdrawal described in section 1385(a)(1) of this title (relating to 70-percent contribution decline), the 5 plan years immediately preceding the beginning of the 3-year testing period.
In the case of an employer that has withdrawal liability for a partial withdrawal from a plan, any withdrawal liability of that employer for a partial or complete withdrawal from that plan in a subsequent plan year shall be reduced by the amount of any partial withdrawal liability (reduced by any abatement or reduction of such liability) of the employer with respect to the plan for a previous plan year.
The corporation shall prescribe such regulations as may be necessary to provide for proper adjustments in the reduction provided by paragraph (1) for—
changes in unfunded vested benefits* arising after the close of the prior year for which partial withdrawal liability was determined,
changes in contribution base units occurring after the close of the prior year for which partial withdrawal liability was determined, and
any other factors for which it determines adjustment to be appropriate,
so that the liability for any complete or partial withdrawal in any subsequent year (after the application of the reduction) properly reflects the employer’s share of liability with respect to the plan.
Source credit: (Pub. L. 93–406, title IV, § 4206, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1222.)
- 1980Enacted · Pub. L. 93-406 · 94 Stat. 1222
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-406 on 1980-09-26.
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