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29 U.S.C. § 1390Nonapplicability of withdrawal liability for certain temporary contribution obligation periods; exception

submitted 46 years ago by Pub. L. 93-406 to r/title-29-LABOR · 233 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

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

An employer who withdraws from a plan in complete or partial withdrawal is not liable to the plan if the employer—

(1)

first had an obligation to contribute to the plan after September 26, 1980,

(2)

had an obligation to contribute to the plan for no more than the lesser of—

(A)

6 consecutive plan years preceding the date on which the employer withdraws, or

(B)

the number of years required for vesting under the plan,

(3)

was required to make contributions to the plan for each such plan year in an amount equal to less than 2 percent of the sum of all employer contributions made to the plan for each such year, and

(4)

has never avoided withdrawal liability because of the application of this section with respect to the plan.

(b)

Subsection (a) shall apply to an employer with respect to a plan only if—

(1)

the plan is amended to provide that subsection (a) applies;

(2)

the plan provides, or is amended to provide, that the reduction under section 411(a)(3)(E) of title 26 applies with respect to the employees of the employer; and

(3)

the ratio of the assets of the plan for the plan year preceding the first plan year for which the employer was required to contribute to the plan to the benefit payments made during that plan year was at least 8 to 1.

Source credit: (Pub. L. 93–406, title IV, § 4210, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1226; amended Pub. L. 101–239, title VII, § 7891(a)(1), Dec. 19, 1989, 103 Stat. 2445; Pub. L. 109–280, title II, § 204(c)(1), Aug. 17, 2006, 120 Stat. 887.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 93-406 · 94 Stat. 1226
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2445
  • 2006Amended · Pub. L. 109-280 · 120 Stat. 887

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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