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29 U.S.C. § 1394Application of plan amendments; exception

submitted 46 years ago by Pub. L. 93-406 to r/title-29-LABOR · 127 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section limits retroactive use of later plan rules and amendments, requires uniform application with a creditworthiness exception, and requires notice to contributing employers and employee organizations.

(a) Without the employer’s consent, a plan rule or amendment adopted after January 31, 1981, under section 1389 or 1391(c) may not be applied to liability for a withdrawal or partial withdrawal that happened before the rule or amendment was adopted. (b) All plan rules and amendments authorized by this part must operate and be applied uniformly to every employer. The exception is that special provisions may account for an employer’s creditworthiness. The plan sponsor must notify every employer obligated to contribute and every employee organization representing covered employees about rules or amendments adopted under this section.
the actual law source: uscode.house.gov ↗public domain
(a)

No plan rule or amendment adopted after January 31, 1981, under section 1389 or 1391(c) of this title may be applied without the employer’s consent with respect to liability for a withdrawal or partial withdrawal which occurred before the date on which the rule or amendment was adopted.

(b)

All plan rules and amendments authorized under this part shall operate and be applied uniformly with respect to each employer, except that special provisions may be made to take into account the creditworthiness of an employer. The plan sponsor shall give notice to all employers who have an obligation to contribute under the plan and to all employee organizations representing employees covered under the plan of any plan rules or amendments adopted pursuant to this section.

Source credit: (Pub. L. 93–406, title IV, § 4214, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1234.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 93-406 · 94 Stat. 1234

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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