r/title-29-LABOR wiki — defined terms
The statute’s own glossary: every term Title 29 defines, in section order.
“out-of-network rate” applies in that section
The term “out-of-network rate” means, with respect to an item or service furnished in a State during a year to a participant or beneficiary of a group health plan or group health insurance coverage offered by a health insurance issuer receiving such item or service from a nonparticipating provider or nonparticipating emergency facility— (i) subject to clause (iii), in the case of such item or service furnished in a State that has in effect a specified State law with respect to such plan, coverage, or issuer, respectively; such a nonparticipating provider or nonparticipating emergency facility; and such an item or service, the amount determined in accordance with such law; (ii) subject to …
“participating emergency facility” applies in that section
The term “participating emergency facility” means, with respect to an item or service and a group health plan or group health insurance coverage offered by a health insurance issuer, an emergency department of a hospital, or an independent freestanding emergency department, that has a contractual relationship directly or indirectly with the plan or issuer, respectively, with respect to the furnishing of such an item or service at such facility. (G) Nonparticipating providers; participating providers (i) Nonparticipating provider
“participating health care facility” applies in that section
The term “participating health care facility” means, with respect to an item or service and a group health plan or health insurance issuer offering group health insurance coverage, a health care facility described in clause (ii) that has a direct or indirect contractual relationship with the plan or issuer, respectively, with respect to the furnishing of such an item or service at the facility. (ii) Health care facility described A health care facility described in this clause, with respect to a group health plan or group health insurance coverage, is each of the following: (I) A hospital (as defined in 1861(e) of the Social Security Act [ 42 U.S.C. 1395x(e) ]).
“participating provider” applies in that section
The term “participating provider” means, with respect to an item or service and a group health plan or group health insurance coverage offered by a health insurance issuer, a physician or other health care provider who is acting within the scope of practice of that provider’s license or certification under applicable State law and who has a contractual relationship with the plan or issuer, respectively, for furnishing such item or service under the plan or coverage, respectively. (H) Recognized amount
“qualifying payment amount” applies in that section
The term “qualifying payment amount” means, subject to clauses (ii) and (iii), with respect to a sponsor of a group health plan and health insurance issuer offering group health insurance coverage— (I) for an item or service furnished during 2022, the median of the contracted rates recognized by the plan or issuer, respectively (determined with respect to all such plans of such sponsor or all such coverage offered by such issuer that are offered within the same insurance market (specified in subclause (I), (II), or (III) of clause (iv)) as the plan or coverage) as the total maximum payment (including the cost-sharing amount imposed for such item or service and the amount to be paid by the …
“recognized amount” applies in that section
The term “recognized amount” means, with respect to an item or service furnished by a nonparticipating provider or nonparticipating emergency facility during a year and a group health plan or group health insurance coverage offered by a health insurance issuer— (i) subject to clause (iii), in the case of such item or service furnished in a State that has in effect a specified State law with respect to such plan, coverage, or issuer, respectively; such a nonparticipating provider or nonparticipating emergency facility; and such an item or service, the amount determined in accordance with such law; (ii) subject to clause (iii), in the case of such item or service furnished in a State that …
“specified item or service” applies in that section
the term “specified item or service” means an item or service that has low utilization or significant variation in costs (such as when furnished as part of a complex treatment), as specified by the Secretary.
“specified State law” applies in that section
The term “specified State law” means, with respect to a State, an item or service furnished by a nonparticipating provider or nonparticipating emergency facility during a year and a group health plan or group health insurance coverage offered by a health insurance issuer, a State law that provides for a method for determining the total amount payable under such a plan, coverage, or issuer, respectively (to the extent such State law applies to such plan, coverage, or issuer, subject to section 1144 of this title ) in the case of a participant or beneficiary covered under such plan or coverage and receiving such item or service from such a nonparticipating provider or nonparticipating …
“air ambulance service” applies in that section
The term “air ambulance service” means medical transport by helicopter or airplane for patients. (2) Qualifying payment amount
“nonparticipating provider” applies in that section
The term “nonparticipating provider” has the meaning given such term in section 1185e(a)(3) of this title .
“qualifying payment amount” applies in that section
The term “qualifying payment amount” has the meaning given such term in section 1185e(a)(3) of this title . (3) Nonparticipating provider
“continuing care patient” applies in that section
The term “continuing care patient” means an individual who, with respect to a provider or facility— (A) is undergoing a course of treatment for a serious and complex condition from the provider or facility; (B) is undergoing a course of institutional or inpatient care from the provider or facility; (C) is scheduled to undergo nonelective surgery from the provide or facility, including receipt of postoperative care from such provider or facility with respect to such a surgery; (D) is pregnant and undergoing a course of treatment for the pregnancy from the provider or facility; or (E) is or was determined to be terminally ill (as determined under section 1395x(dd)(3)(A) of title 42 ) and is …
“serious and complex condition” applies in that section
The term “serious and complex condition” means, with respect to a participant or beneficiary under a group health plan or group health insurance coverage— (A) in the case of an acute illness, a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm; or (B) in the case of a chronic illness or condition, a condition that— (i) is life-threatening, degenerative, potentially disabling, or congenital; and (ii) requires specialized medical care over a prolonged period of time. (3) Terminated
“terminated” applies in that section
The term “terminated” includes, with respect to a contract, the expiration or nonrenewal of the contract, but does not include a termination of the contract for failure to meet applicable quality standards or for fraud.
“provider directory information” applies in that section
the term “provider directory information” includes, with respect to a group health plan and a health insurance issuer offering group health insurance coverage, the name, address, specialty, telephone number, and digital contact information of each health care provider or health care facility with which such plan or such issuer has a contractual relationship for furnishing items and services under such plan or such coverage. (7) Rule of construction Nothing in this section shall be construed to preempt any provision of State law relating to health care provider directories, to the extent such State law applies to such plan, coverage, or issuer, subject to section 1144 of this title .
“applicable entity” applies in that section
The term “applicable entity” means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary may specify through rulemaking. (2) Applicable group purchasing organization
“applicable group purchasing organization” applies in that section
The term “applicable group purchasing organization” means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services. (3) Contracted compensation
“contracted compensation” applies in that section
The term “contracted compensation” means the sum of any ingredient cost and dispensing fee for a drug (inclusive of the out-of-pocket costs to the participant or beneficiary), or another analogous compensation structure that the Secretary may specify through regulations. (4) Gross spending The term “gross spending”, with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration.
“plan sponsor” applies in that section
The term “plan sponsor” has the meaning given such term in section 1002(16)(B) of this title . (7) Remuneration
“remuneration” applies in that section
The term “remuneration” has the meaning given such term by the Secretary through rulemaking, which shall be reevaluated by the Secretary every 5 years. (8) Specified large employer
“specified large employer” applies in that section
The term “specified large employer” means, in connection with a group health plan (including group health insurance coverage offered in connection with such a plan) established or maintained by a single employer, with respect to a calendar year or a plan year, as applicable, an employer who employed an average of at least 100 employees on business days during the preceding calendar year or plan year and who employs at least 1 employee on the first day of the calendar year or plan year. (9) Specified large plan
“specified large plan” applies in that section
The term “specified large plan” means a group health plan (including group health insurance coverage offered in connection with such a plan) established or maintained by a plan sponsor described in clause (ii) or (iii) of section 1002(16)(B) of this title that had an average of at least 100 participants on business days during the preceding calendar year or plan year, as applicable. (10) Wholesale acquisition cost
“wholesale acquisition cost” applies in that section
The term “wholesale acquisition cost” has the meaning given such term in section 1395w–3a(c)(6)(B) of title 42 .
“State” applies in that section
The term “State” includes a State, the Northern Mariana Islands, any political subdivisions of a State or such Islands, or any agency or instrumentality of either.
“State law” applies in that section
The term “State law” includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. A law of the United States applicable only to the District of Columbia shall be treated as a State law rather than a law of the United States. (2) State
“COBRA continuation provision” applies throughout its part
The term “COBRA continuation provision” means any of the following: (A) Part 6 of this subtitle. (B) Section 4980B of title 26 , other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines. (C) Title XXII of the Public Health Service Act [ 42 U.S.C. 300bb–1 et seq.]. (2) Health status-related factor
“excepted benefits” applies throughout its part
the term “excepted benefits” means benefits under one or more (or any combination thereof) of the following: (1) Benefits not subject to requirements (A) Coverage only for accident, or disability income insurance, or any combination thereof. (B) Coverage issued as a supplement to liability insurance. (C) Liability insurance, including general liability insurance and automobile liability insurance. (D) Workers’ compensation or similar insurance. (E) Automobile medical payment insurance. (F) Credit-only insurance. (G) Coverage for on-site medical clinics.
“family member” applies throughout its part
The term “family member” means, with respect to an individual— (A) a dependent (as such term is used for purposes of section 1181(f)(2) of this title ) of such individual, and (B) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). (6) Genetic information (A) In general
“genetic information” applies throughout its part
The term “genetic information” means, with respect to any individual, information about— (i) such individual’s genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual. (B) Inclusion of genetic services and participation in genetic research Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. (C) Exclusions The term “genetic information” shall not include information about the sex or age of any individual.
“genetic services” applies throughout its part
The term “genetic services” means— (A) a genetic test; (B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or (C) genetic education. (9) Underwriting purposes
“genetic test” applies throughout its part
The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes. (B) Exceptions The term “genetic test” does not mean— (i) an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes; or (ii) an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved. (8) Genetic services
“group health insurance coverage” applies throughout its part
The term “group health insurance coverage” means, in connection with a group health plan, health insurance coverage offered in connection with such plan. (c) Excepted benefits For purposes of this part,
“group health plan” applies throughout its part
The term “group health plan” means an employee welfare benefit plan to the extent that the plan provides medical care (as defined in paragraph (2) and including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. Such term shall not include any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of title 26 ). (2) Medical care
“health insurance coverage” applies throughout its part
The term “health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer. (2) Health insurance issuer
“health insurance issuer” applies throughout its part
The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 1144(b)(2) of this title ). Such term does not include a group health plan. (3) Health maintenance organization
“health maintenance organization” applies throughout its part
The term “health maintenance organization” means— (A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act ( 42 U.S.C. 300e(a) )), (B) an organization recognized under State law as a health maintenance organization, or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization. (4) Group health insurance coverage
“health status-related factor” applies throughout its part
The term “health status-related factor” means any of the factors described in section 1182(a)(1) of this title . (3) Network plan
“medical care” applies throughout its part
The term “medical care” means amounts paid for— (A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body, (B) amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and (C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B). (b) Definitions relating to health insurance For purposes of this part— (1) Health insurance coverage
“network plan” applies throughout its part
The term “network plan” means health insurance coverage offered by a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer. (4) Placed for adoption The term “placement”, or being “placed”, for adoption, has the meaning given such term in section 1169(c)(3)(B) of this title . (5) Family member
“underwriting purposes” applies throughout its part
The term “underwriting purposes” means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan— (A) rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage; (B) the computation of premium or contribution amounts under the plan or coverage; (C) the application of any pre-existing condition exclusion under the plan or coverage; and (D) other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.
“State All Payer Claims Database” applies in that section
the term “State All Payer Claims Database” means, with respect to a State, a database that may include medical claims, pharmacy claims, dental claims, and eligibility and provider files, which are collected from private and public payers. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2021, to remain available until expended or, if sooner, until the date described in subsection (e). (e) Sunset Beginning on the date on which the report is submitted under subsection (b)(3), subsection (b) shall have no force or effect.
“highly compensated employee” applies in that section
the term “highly compensated employee” has the meaning given the term in section 414(q) of title 26 . (c) Account requirements (1) In general A pension-linked emergency savings account— (A) shall— (i) not have a minimum contribution or account balance requirement; (ii) allow for withdrawal by the participant of the account balance, in whole or in part at the discretion of the participant, at least once per calendar month and for distribution of such withdrawal to the participant as soon as practicable from the date on which the participant elects to make such withdrawal; and (iii) be, as selected by the plan sponsor, held as cash, in an interest-bearing deposit account, or in an investment …
“matching contribution” applies in that section
the term “matching contribution” has the meaning given such term in section 401(m)(4) of title 26 . (e) Account balance after termination Upon termination of employment of the participant, or termination by the plan sponsor of the pension-linked emergency savings account, the pension-linked emergency savings account of such participant in an individual account plan shall— (1) allow, at the election of the participant, for transfer by the participant of the account balance of such account, in whole or in part, into another designated Roth account of the participant under the individual account plan; and (2) for any amounts in such account not transferred under paragraph (1), make such …
“resolution of disapproval” applies in that section
the term “resolution of disapproval” means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the __ does not favor the taking effect of the regulations transmitted to the Congress by the Secretary of Labor on __”, the first blank space therein being filled with the name of the resolving House and the second blank space therein being filled with the day and year. (3) A resolution of disapproval in the House of Representatives shall be referred to the Committee on Education and Labor. A resolution of disapproval in the Senate shall be referred to the Committee on Labor and Public Welfare.
“multiemployer plan” applies throughout its subchapter
the term “multiemployer plan” means a plan described in section 414(f) of title 26 as in effect immediately before such date; (4) “corporation”, except where the context clearly requires otherwise, means the Pension Benefit Guaranty Corporation established under section 1302 of this title ; (5) “fund” means the appropriate fund established under section 1305 of this title ; (6) “basic benefits” means benefits guaranteed under section 1322 of this title (other than under section 1322(c) 1 of this title), or under section 1322a of this title (other than under section 1322a(g) of this title ); (7) “non-basic benefits” means benefits guaranteed under section 1322(c) 1 of this title or 1322a(g) …
“Secretary of the Treasury” applies throughout its subchapter
the term “Secretary of the Treasury” means the Secretary of the Treasury or such Secretary’s delegate.
“appropriate court” applies in that section
the term “appropriate court” means— (A) the United States district court before which proceedings under section 1341 or 1342 of this title are being conducted, (B) if no such proceedings are being conducted, the United States district court for the judicial district in which the plan has its principal office, or (C) the United States District Court for the District of Columbia. (3) In any action brought under this subsection, the court may award all or a portion of the costs and expenses incurred in connection with such action to any party who prevails or substantially prevails in such action.
“CSEC plan” applies in that section
the term “CSEC plan” has the meaning given that term in subsection (f)(1) of section 1060 of this title . (b) Education The Participant and Plan Sponsor Advocate established under section 1304 of this title shall make itself available to assist CSEC plan sponsors and participants as part of the duties it performs under the general supervision of the Board of Directors under section 1304(b) of this title .
“applicable 12-month period” applies in that section
The term “applicable 12-month period” means— (I) the 12-month period beginning with the first month following the month in which the termination date occurs, and (II) each of the first two 12-month periods immediately following the period described in subclause (I).
“unfunded vested benefits” applies in that section
the term “unfunded vested benefits” means, for a plan year, the excess (if any) of— (I) the funding target of the plan as determined under section 1083(d) of this title for the plan year by only taking into account vested benefits and by using the interest rate described in clause (iv), over (II) the fair market value of plan assets for the plan year which are held by the plan on the valuation date.
“controlled group” applies in that section
the term “controlled group” means any group treated as a single employer under subsection (b), (c), (m), or ( o ) of section 414 of title 26 .
“designated payor” applies in that section
the term “designated payor” means— (A) the contributing sponsor or plan administrator in the case of a single-employer plan, and (B) the plan administrator in the case of a multiemployer plan. (2) If the contributing sponsor of any single-employer plan is a member of a controlled group, each member of such group shall be jointly and severally liable for any premiums required to be paid by such contributing sponsor. For purposes of the preceding sentence,
“at-risk status” applies in that section
The term “at-risk status” has the meaning provided in section 1083(i)(4) of this title . (3) Pension stabilization disregarded For purposes of this section, the segment rates used in determining the funding target and funding target attainment percentage shall be determined by not taking into account any adjustment under section 1083(h)(2)(C)(iv) 1 of this title.
“funding target” applies in that section
The term “funding target” has the meaning provided under section 1083(d)(1) of this title . (B) Funding target attainment percentage
“funding target attainment percentage” applies in that section
The term “funding target attainment percentage” has the meaning provided under section 1083(d)(2) of this title . (C) At-risk status
“professional individuals” applies in that section
the term “professional individuals” includes but is not limited to, physicians, dentists, chiropractors, osteopaths, optometrists, other licensed practitioners of the healing arts, attorneys at law, public accountants, public engineers, architects, draftsmen, actuaries, psychologists, social or physical scientists, and performing artists. (3) In the case of a plan established and maintained by more than one professional service employer, the plan shall not be treated as a plan described in subsection (b)(13) if, at any time after September 2, 1974 , the plan has more than 25 active participants. (d) Substantial owner defined For purposes of subsection (b)(9),
“professional service employer” applies in that section
the term “professional service employer” means any proprietorship, partnership, corporation, or other association or organization (i) owned or controlled by professional individuals or by executors or administrators of professional individuals, (ii) the principal business of which is the performance of professional services, and;
“substantial owner” applies in that section
the term “substantial owner” means an individual who, at any time during the 60-month period ending on the date the determination is being made— (1) owns the entire interest in an unincorporated trade or business, (2) in the case of a partnership, is a partner who owns, directly or indirectly, more than 10 percent of either the capital interest or the profits interest in such partnership, or (3) in the case of a corporation, owns, directly or indirectly, more than 10 percent in value of either the voting stock of that corporation or all the stock of that corporation.
“gross income” applies in that section
the term “gross income” means “earned income” within the meaning of section 911(b) of title 26 (determined without regard to any community property laws), (ii) in the case of a participant in a plan under which contributions are made by more than one employer, amounts received as gross income from any employer under that plan shall be aggregated with amounts received from any other employer under that plan during the same period, and (iii) any non-basic benefit shall be disregarded. (5) (A) For purposes of this paragraph,
“majority owner” applies in that section
the term “majority owner” means an individual who, at any time during the 60-month period ending on the date the determination is being made— (i) owns the entire interest in an unincorporated trade or business, (ii) in the case of a partnership, is a partner who owns, directly or indirectly, 50 percent or more of either the capital interest or the profits interest in such partnership, or (iii) in the case of a corporation, owns, directly or indirectly, 50 percent or more in value of either the voting stock of that corporation or all the stock of that corporation.
“recovery ratio” applies in that section
the term “recovery ratio” means the ratio which— (i) the sum of the values of all recoveries under section 1362, 1363, or 1364 of this title, determined by the corporation in connection with plan terminations described under subparagraph (B), bears to (ii) the sum of all unfunded benefit liabilities under such plans as of the termination date in connection with any such prior termination.
“legislative day” applies throughout its subchapter
the term “legislative day” means any calendar day other than a day on which either House is not in session because of a sine die adjournment or an adjournment of more than 3 days to a day certain. (D) The procedure for disposition of a joint resolution described in subparagraph (B) shall be the procedure described in paragraphs (4) through (7) of section 1306(b) of this title .
“authorized representative” applies in that section
the term “authorized representative” means any employee organization representing participants in the pension plan. (3) Termination procedure (A) Determinations by the corporation relating to plan sufficiency for guaranteed benefits and for benefit liabilities If the corporation determines that the requirements for a distress termination set forth in paragraphs (1) and (2) are met, the corporation shall— (i) determine that the plan is sufficient for guaranteed benefits (as of the termination date) or that the corporation is unable to make such determination on the basis of information made available to the corporation, (ii) determine that the plan is sufficient for benefit liabilities (as …
“interested party” applies in that section
the term “interested party” means— (A) the plan administrator, (B) each participant in the plan and each beneficiary of a deceased participant, (C) each employer who may be subject to liability under section 1362, 1363, or 1364 of this title, (D) each employer who is or may be liable to the plan under section 3 part 1 of subtitle E, (E) each employer who has an obligation to contribute, within the meaning of section 1392(a) of this title , under a multiemployer plan, and (F) each employee organization which, for purposes of collective bargaining, represents plan participants employed by an employer described in subparagraph (C), (D), or (E).
“controlled group” applies in that section
the term “controlled group” means any group treated as a single employer under subsection (b), (c), (m) or ( o ) of section 414 of title 26 . (3) (A) Before any distribution from a plan pursuant to paragraph (1), if any assets of the plan attributable to employee contributions remain after satisfaction of all liabilities described in subsection (a), such remaining assets shall be equitably distributed to the participants who made such contributions or their beneficiaries (including alternate payees, within the meaning of section 1056(d)(3)(K) of this title ).
“employer” applies in that section
the term “employer” includes any member of the controlled group of which the employer is a member. For purposes of the preceding sentence,
“mandatory contributions” applies in that section
The term “mandatory contributions” means amounts contributed to the plan by a participant which are required as a condition of employment, as a condition of participation in such plan, or as a condition of obtaining benefits under the plan attributable to employer contributions. For this purpose, the total amount of mandatory contributions of a participant is the amount of such contributions reduced (but not below zero) by the sum of the amounts paid or distributed to him under the plan before its termination.
“section 1362(c) recovery ratio” applies in that section
the term “section 1362(c) recovery ratio” means the ratio which— (i) the sum of the values of all recoveries under section 1362(c) of this title determined by the corporation in connection with plan terminations described under subparagraph (B), bears to (ii) the sum of all the amounts of liability under section 1362(c) of this title with respect to such plans as of the termination date in connection with any such prior termination.
“designated benefit” applies in that section
The term “designated benefit” means the single sum benefit the participant would receive— (A) under the plan’s assumptions, in the case of a distribution that can be made without participant or spousal consent under section 1055(g) of this title ; (B) under the assumptions of the corporation in effect on the date that the designated benefit is transferred to the corporation, in the case of a plan that does not pay any single sums other than those described in subparagraph (A); or (C) under the assumptions of the corporation or of the plan, whichever provides the higher single sum, in the case of a plan that pays a single sum other than those described in subparagraph (A).
“missing participant” applies in that section
The term “missing participant” means a participant or beneficiary under a terminating plan whom the plan administrator cannot locate after a diligent search. (2) Designated benefit
“eligible employee” applies in that section
The term “eligible employee” means an employee who is eligible to participate in an employee pension benefit plan (as defined in section 1002(2) of this title ) established and maintained by the employer. (B) Funding target
“funding target” applies in that section
The term “funding target” means, with respect to any plan year, the funding target as determined under section 1306(a)(3)(E)(iii)(I) of this title for purposes of determining the premium paid to the Corporation under section 1307 of this title for the plan year. (C) Market value The market value of the assets of a plan shall be determined in the same manner as for purposes of section 1306(a)(3)(E) of this title .
“pre-tax profits” applies in that section
The term “pre-tax profits” means— (A) except as provided in subparagraph (B), for any fiscal year of any person, such person’s consolidated net income (excluding any extraordinary charges to income and including any extraordinary credits to income) for such fiscal year, as shown on audited financial statements prepared in accordance with generally accepted accounting principles, or (B) for any fiscal year of an organization described in section 501(c) of title 26 , the excess of income over expenses (as such terms are defined for such organizations under generally accepted accounting principles), before provision for or deduction of Federal or other income tax, any contribution to any …
“substantial cessation of operations” applies in that section
The term “substantial cessation of operations” means a permanent cessation of operations at a facility which results in a workforce reduction of a number of eligible employees at the facility equivalent to more than 15 percent of the number of all eligible employees of the employer, determined immediately before the earlier of— (i) the date of the employer’s decision to implement such cessation, or (ii) in the case of a workforce reduction which includes 1 or more eligible employees described in paragraph (6)(B), the earliest date on which any such eligible employee was separated from employment. (B) Workforce reduction Subject to subparagraphs (C) and (D),
“workforce reduction” applies in that section
the term “workforce reduction” means the number of eligible employees at a facility who are separated from employment by reason of the permanent cessation of operations of the employer at the facility. (C) Relocation of workforce An eligible employee separated from employment at a facility shall not be taken into account in computing a workforce reduction if, within a reasonable period of time, the employee is replaced by the employer, at the same or another facility located in the United States, by an employee who is a citizen or resident of the United States.
“pre-tax profits” applies in that section
The term “pre-tax profits” has the meaning provided in section 1362(d)(2) of this title .
“complete withdrawal” applies in that section
The term “complete withdrawal” means a complete withdrawal described in section 1383 of this title .;
“partial withdrawal” applies in that section
The term “partial withdrawal” means a partial withdrawal described in section 1385 of this title .
“entertainment industry” applies in that section
the term “entertainment industry” means— (A) theater, motion picture (except to the extent provided in regulations prescribed by the corporation), radio, television, sound or visual recording, music, and dance, and (B) such other entertainment activities as the corporation may determine to be appropriate. (3) The corporation may by regulation exclude a group or class of employers described in the preceding sentence from the application of this subsection if the corporation determines that such exclusion is necessary— (A) to protect the interest of the plan’s participants and beneficiaries, or (B) to prevent a significant risk of loss to the corporation with respect to the plan.
“unrelated party” applies in that section
the term “unrelated party” means a purchaser or seller who does not bear a relationship to the seller or purchaser, as the case may be, that is described in section 267(b) of title 26 , or that is described in regulations prescribed by the corporation applying principles similar to the principles of such section.
“3-year testing period” applies in that section
The term “3-year testing period” means the period consisting of the plan year and the immediately preceding 2 plan years. (ii) The number of contribution base units for the high base year is the average number of such units for the 2 plan years for which the employer’s contribution base units were the highest within the 5 plan years immediately preceding the beginning of the 3-year testing period.
“obligation to contribute” applies throughout its part
the term “obligation to contribute” means an obligation to contribute arising— (1) under one or more collective bargaining (or related) agreements, or (2) as a result of a duty under applicable labor-management relations law, but does not include an obligation to pay withdrawal liability under this section or to pay delinquent contributions. (b) Payments of withdrawal liability not considered contributions Payments of withdrawal liability under this part shall not be considered contributions for purposes of this part.
“unfunded vested benefits” applies throughout its part
the term “unfunded vested benefits” means with respect to a plan, an amount equal to— (A) the value of nonforfeitable benefits under the plan, less (B) the value of the assets of the plan.
“a year of signatory service” applies in that section
the term “a year of signatory service” means a year during any portion of which a participant was employed for an employer who was obligated to contribute in that year, or who was subsequently obligated to contribute.
“default” applies in that section
the term “default” means— (A) the failure of an employer to make, when due, any payment under this section, if the failure is not cured within 60 days after the employer receives written notification from the plan sponsor of such failure, and (B) any other event defined in rules adopted by the plan which indicates a substantial likelihood that an employer will be unable to pay its withdrawal liability. (6) Except as provided in paragraph (1)(A)(ii), interest under this subsection shall be charged at rates based on prevailing market rates for comparable obligations, in accordance with regulations prescribed by the corporation.
“required contributions” applies in that section
the term “required contributions” means, for any period, the amounts which the employer was obligated to contribute for such period (not taking into account any delinquent contribution for any other period). (iii) A plan may be amended to provide that for the first plan year ending on or after September 26, 1980 , the number “5” shall be substituted for the number “10” each place it appears in clause (i) or clause (ii) (whichever is appropriate). If the plan is so amended, the number “5” shall be increased by one for each succeeding plan year until the number “10” is reached.
“small employer” applies in that section
The term “small employer” means any employer which, for the calendar year in which the transaction referred to in paragraph (1)(B) occurred and for each of the 3 preceding years, on average— (i) employs not more than 500 employees, and (ii) is required to make contributions to the plan for not more than 250 employees. (B) Controlled group .— Any group treated as a single employer under subsection (b)(1) of section 1301 of this title , without regard to any transaction that was a basis for the plan’s finding under section 1392 of this title , shall be treated as a single employer for purposes of this subparagraph.
“fund” applies in that section
the term “fund”, mean a trust which— (1) is established and maintained under section 501(c)(22) of title 26 , (2) maintains agreements which cover a substantial portion of the participants who are in multiemployer plans which (under the rules of the trust instrument) are eligible to participate in the fund, (3) is funded by amounts paid by the plans which participate in the fund, and (4) is administered by a Board of Trustees, and in the administration of the fund there is equal representation of— (A) trustees representing employers who are obligated to contribute to the plans participating in the fund, and (B) trustees representing employees who are participants in plans which participate …
“excess resources” applies in that section
the term “excess resources” means available resources above the amount necessary to support the resource benefit level, but no greater than the amount necessary to pay benefits for the plan year at the benefit levels under the plan. (5) If, by the end of an insolvency year, any benefit has not been paid at the resource benefit level, amounts up to the resource benefit level which were unpaid shall be distributed to the participants and beneficiaries, in accordance with regulations prescribed by the Secretary of the Treasury, to the extent possible taking into account the plan’s total available resources in that insolvency year.
“person in pay status” applies in that section
the term “person in pay status” means— (I) a participant or beneficiary on the last day of the base plan year who, at any time during such year, was paid an early, late, normal, or disability retirement benefit (or a death benefit related to a retirement benefit), and (II) to the extent provided in regulations prescribed by the Secretary of the Treasury, any other person who is entitled to such a benefit under the plan.
“modified funded percentage” applies in that section
the term “modified funded percentage” means the percentage equal to a fraction the numerator of which is current value of plan assets (as defined in section 1002(26) of this title ) and the denominator of which is current liabilities (as defined in section 431(c)(6)(D) of title 26 and section 1084(c)(6)(D) of this title ). (c) Applications for special financial assistance Within 120 days of March 11, 2021 , the corporation shall issue regulations or guidance setting forth requirements for special financial assistance applications under this section.
“agricultural association” applies throughout its chapter
The term “agricultural association” means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker.;
“agricultural employer” applies throughout its chapter
The term “agricultural employer” means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker.;
“agricultural employment” applies throughout its chapter
The term “agricultural employment” means employment in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ), or section 3121(g) of title 26 and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.;
“day-haul operation” applies throughout its chapter
The term “day-haul operation” means the assembly of workers at a pick-up point waiting to be hired and employed, transportation of such workers to agricultural employment, and the return of such workers to a drop-off point on the same day.;
“employ” applies throughout its chapter
The term “employ” has the meaning given such term under section 3(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(g) ) for the purposes of implementing the requirements of that Act [ 29 U.S.C. 201 et seq.].;
“farm labor contracting activity” applies throughout its chapter
The term “farm labor contracting activity” means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker.;
“farm labor contractor” applies throughout its chapter
The term “farm labor contractor” means any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. (8) (A) Except as provided in subparagraph (B),
“migrant agricultural worker” applies throughout its chapter
the term “migrant agricultural worker” means an individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence. (B) The term “migrant agricultural worker” does not include— (i) any immediate family member of an agricultural employer or a farm labor contractor; or (ii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 1101(a)(15)(H)(ii)(a) and 1184(c) of title 8.;
“person” applies throughout its chapter
The term “person” means any individual, partnership, association, joint stock company, trust, cooperative, or corporation. (10) (A) Except as provided in subparagraph (B),
“seasonal agricultural worker” applies throughout its chapter
the term “seasonal agricultural worker” means an individual who is employed in agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from his permanent place of residence— (i) when employed on a farm or ranch performing field work related to planting, cultivating, or harvesting operations; or (ii) when employed in canning, packing, ginning, seed conditioning or related research, or processing operations, and transported, or caused to be transported, to or from the place of employment by means of a day-haul operation.
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Labor or the Secretary’s authorized representative.;
“State” applies throughout its chapter
The term “State” means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam.
“Center” applies throughout its chapter
the terms “Helen Keller National Center for Youths and Adults who are Deaf-Blind” and “Center” mean the Helen Keller National Center for Youths and Adults who are Deaf-Blind, and its affiliated network, operated pursuant to this chapter;
“Helen Keller National Center for Youths and Adults who are Deaf-Blind” applies throughout its chapter
the terms “Helen Keller National Center for Youths and Adults who are Deaf-Blind” and “Center” mean the Helen Keller National Center for Youths and Adults who are Deaf-Blind, and its affiliated network, operated pursuant to this chapter;
“individual who is deaf-blind” applies throughout its chapter
the term “individual who is deaf-blind” means any individual— (A) (i) who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions; (ii) who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and (iii) for whom the combination of impairments described in clauses (i) and (ii) cause extreme difficulty in attaining …
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Education.
“endowment fund” applies in that section
The term “endowment fund” means a fund, or a tax-exempt foundation, established and maintained by the Helen Keller National Center for the purpose of generating income for the support of the Center. (2) Endowment Fund corpus
“Endowment Fund corpus” applies in that section
The term “Endowment Fund corpus” means an amount equal to the Federal payments made to the Endowment Fund and amounts contributed to the Endowment Fund from non-Federal sources. (3) Endowment Fund income
“Endowment Fund income” applies in that section
The term “Endowment Fund income” means an amount equal to the total market value of the Endowment Fund minus the Endowment Fund corpus. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 1999 through 2003. Such sums shall remain available until expended.
“commerce” applies throughout its chapter
The term “commerce” has the meaning provided by section 203(b) of this title . (2) Employer
“employer” applies throughout its chapter
The term “employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. (3) Lie detector
“lie detector” applies throughout its chapter
The term “lie detector” includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (4) Polygraph
“polygraph” applies throughout its chapter
The term “polygraph” means an instrument that— (A) records continuously, visually, permanently, and simultaneously changes in cardiovascular, respiratory, and electrodermal patterns as minimum instrumentation standards; and (B) is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (5) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Labor.
“affected employees” applies throughout its chapter
the term “affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer; (6) subject to subsection (b),
“employer” applies throughout its chapter
the term “employer” means any business enterprise that employs— (A) 100 or more employees, excluding part-time employees; or (B) 100 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime);
“employment loss” applies throughout its chapter
the term “employment loss” means (A) an employment termination, other than a discharge for cause, voluntary departure, or retirement, (B) a layoff exceeding 6 months, or (C) a reduction in hours of work of more than 50 percent during each month of any 6-month period;
“mass layoff” applies throughout its chapter
the term “mass layoff” means a reduction in force which— (A) is not the result of a plant closing; and (B) results in an employment loss at the single site of employment during any 30-day period for— (i) (I) at least 33 percent of the employees (excluding any part-time employees); and (II) at least 50 employees (excluding any part-time employees); or (ii) at least 500 employees (excluding any part-time employees);
“part-time employee” applies throughout its chapter
the term “part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (b) Exclusions from definition of employment loss (1) In the case of a sale of part or all of an employer’s business, the seller shall be responsible for providing notice for any plant closing or mass layoff in accordance with section 2102 of this title , up to and including the effective date of the sale.
“plant closing” applies throughout its chapter
the term “plant closing” means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees;
“representative” applies throughout its chapter
the term “representative” means an exclusive representative of employees within the meaning of section 159(a) or 158(f) of this title or section 152 of title 45 ;
“unit of local government” applies throughout its chapter
the term “unit of local government” means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers; and;
“community-based organization” applies throughout its chapter
The term “community-based organization” means a community-based organization as defined in section 4(5) of the Job Training Partnership Act ( 29 U.S.C. 1501(5) ), 1 that has demonstrated experience administering programs that train women for apprenticeable occupations or other nontraditional occupations.;
“nontraditional occupation” applies throughout its chapter
The term “nontraditional occupation” means jobs in which women make up 25 percent or less of the total number of workers in that occupation.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Labor.
“applicable monthly guarantee” applies throughout its subchapter
the term “applicable monthly guarantee” means— (I) for an employee described in clause (i) other than an employee on reserve status, the minimum number of hours for which an employer has agreed to schedule such employee for any given month; and (II) for an employee described in clause (i) who is on reserve status, the number of hours for which an employer has agreed to pay such employee on reserve status for any given month, as established in the applicable collective bargaining agreement or, if none exists, in the employer’s policies.
“commerce” applies throughout its subchapter
The terms “commerce” and “industry or activity affecting commerce” mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include “commerce” and any “industry affecting commerce”, as defined in paragraphs (1) and (3) of section 142 of this title . (2) Eligible employee (A) In general
“covered active duty” applies throughout its subchapter
The term “covered active duty” means— (A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 . (15) Covered servicemember
“covered servicemember” applies throughout its subchapter
The term “covered servicemember” means— (A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
“eligible employee” applies throughout its subchapter
The term “eligible employee” means an employee who has been employed— (i) for at least 12 months by the employer with respect to whom leave is requested under section 2612 of this title ; and (ii) for at least 1,250 hours of service with such employer during the previous 12-month period. (B) Exclusions The term “eligible employee” does not include— (i) any Federal officer or employee covered under subchapter V of chapter 63 of title 5; or (ii) any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50.
“employ” applies throughout its subchapter
The terms “employ”, “employee”, and “State” have the same meanings given such terms in subsections (c), (e), and (g) of section 203 of this title . (4) Employer (A) In general
“employee” applies throughout its subchapter
The terms “employ”, “employee”, and “State” have the same meanings given such terms in subsections (c), (e), and (g) of section 203 of this title . (4) Employer (A) In general
“employer” applies throughout its subchapter
The term “employer”— (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; (ii) includes— (I) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (II) any successor in interest of an employer; (iii) includes any “public agency”, as defined in section 203(x) of this title ; and (iv) includes the Government Accountability Office and the Library of Congress.
“employment benefits” applies throughout its subchapter
The term “employment benefits” means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an “employee benefit plan”, as defined in section 1002(3) of this title . (6) Health care provider
“health care provider” applies throughout its subchapter
The term “health care provider” means— (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or (B) any other person determined by the Secretary to be capable of providing health care services. (7) Parent
“industry or activity affecting commerce” applies throughout its subchapter
The terms “commerce” and “industry or activity affecting commerce” mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include “commerce” and any “industry affecting commerce”, as defined in paragraphs (1) and (3) of section 142 of this title . (2) Eligible employee (A) In general
“parent” applies throughout its subchapter
The term “parent” means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. (8) Person
“person” applies throughout its subchapter
The term “person” has the same meaning given such term in section 203(a) of this title . (9) Reduced leave schedule
“reduced leave schedule” applies throughout its subchapter
The term “reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. (10) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Labor. (11) Serious health condition
“serious health condition” applies throughout its subchapter
The term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves— (A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider. (12) Son or daughter
“serious injury or illness” applies throughout its subchapter
The term “serious injury or illness”— (A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and (B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (15)(B), …
“son or daughter” applies throughout its subchapter
The term “son or daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is— (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability. (13) Spouse
“spouse” applies throughout its subchapter
The term “spouse” means a husband or wife, as the case may be. (14) Covered active duty
“State” applies throughout its subchapter
The terms “employ”, “employee”, and “State” have the same meanings given such terms in subsections (c), (e), and (g) of section 203 of this title . (4) Employer (A) In general
“veteran” applies throughout its subchapter
The term “veteran” has the meaning given the term in section 101 of title 38 .
“eligible employee” applies in that section
The term “eligible employee” means an eligible employee of an agency or school described in paragraph (1). (B) Employer
“employer” applies in that section
The term “employer” means an agency or school described in paragraph (1). (b) Leave does not violate certain other Federal laws A local educational agency and a private elementary or secondary school shall not be in violation of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.), section 794 of this title , or title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.), solely as a result of an eligible employee of such agency or school exercising the rights of such employee under this subchapter.
“child care provider” applies in that section
The term “child care provider” means a provider who receives compensation for providing child care services on a regular basis, including an “eligible child care provider” (as defined in section 9858n of title 42 ). (D) School