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29 U.S.C. 1341: Termination of single-employer plans

Created in 1974 by Public Law 93-406. Changed by 7 later laws. No bill we track in this Congress changes it.

6 other sections of the Code cite this one, including 29 U.S.C. 1303, 29 U.S.C. 1306, 29 U.S.C. 1342, 29 U.S.C. 1348, 29 U.S.C. 1350.

4 parts of federal rules cite it as their authority, written by Pension Benefit Guaranty Corporation (4).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2008

    • Pub. L. 110–458, §104(d), substituted "subparagraphs (B) and (D)" for "subparagraph (B)" in introductory provisions. (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (b)
    • Pub. L. 110–458, §105(e)(1), substituted "subparagraph (A) or the regulations under subsection (a)(2)" for "subsection (a)(2)". (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (c)

    2006

    • Pub. L. 109–280, §409(a), added par. (5). (Pension Protection Act of 2006) Law text · (b)
    • Pub. L. 109–280, §506(a)(2), substituted "subparagraphs (B) and (D)" for "subparagraph (B)". (Pension Protection Act of 2006) Law text · (c)
    • Pub. L. 109–280, §506(a)(1), added subpar. (D). (Pension Protection Act of 2006) Law text · (c)

    1994

    • Pub. L. 103–465, §778(a)(1)(A), added subcl. (I) and struck out former subcl. (I) which read as follows: "It has reason to believe that any requirement of subsection (a)(2) or subparagraph (A) or (B) has not been met, or". · (b)
    • Pub. L. 103–465, §778(a)(1)(B), (C), added subcl. (III). · (b)
    • Pub. L. 103–465, §776(b)(3), inserted at end "A transfer of assets to the corporation in accordance with section 1350 of this title on behalf of a missing participant shall satisfy this subparagraph with respect to such participant." · (b)
    • Pub. L. 103–465, §778(b)(1), inserted "Federal law or" after "under any similar". · (c)

    1989

    • Pub. L. 101–239, §7881(g)(6), realigned margin of last sentence. · (b)
    • Pub. L. 101–239, §7893(c), realigned margin of last sentence. · (b)
    • Pub. L. 101–239, §7881(g)(4), inserted period at end. · (b)
    • Pub. L. 101–239, §7881(g)(3), in introductory provisions, inserted "unless the corporation determines the information is not necessary for purposes of paragraph (3)(A) or section 1362 of this title," before "certification", in subcl. (I), inserted "and, if applicable, the pro… · (c)
    • Pub. L. 101–239, §7881(f)(7)(A), (B), struck out "(or its designee under section 1349(b) of this title)" before "to be able" and substituted "section 1322(c) of this title" for "section 1349 of this title". · (c)
    • Pub. L. 101–239, §7881(g)(2), substituted "(as of the proposed termination date)" for "(as of the termination date)". · (c)
    • Pub. L. 101–239, §7881(g)(5), made clarifying amendment to directory language of Pub. L. 100–203, §9313(b)(3), see 1987 Amendment note below. · (c), (ii)
    • Pub. L. 101–239, §7881(f)(7)(C), struck out at end "If the corporation concurs in the finding of the plan administrator (or the corporation itself makes such a finding) the corporation shall take the actions set forth in subparagraph (B)(ii)(II) relating to the trust establish… · (c)
    • Pub. L. 101–239, §7893(d)(1), realigned margins. · (c)
    • Pub. L. 101–239, §7893(d)(2), substituted "under this subsection" for "of this subsection". · (c)
    • Pub. L. 101–239, §7881(g)(1), substituted "sufficient for benefit liabilities" for "sufficient for benefit commitments". · (d)

    1987

    • Pub. L. 100–203, §9313(a)(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "when the final distribution of assets occurs, the plan is sufficient for benefit commitments (determined as of the termination date)." · (b)
    • Pub. L. 100–203, §9314(a)(1)(B), inserted at end "Clause (i) and clause (iii)(I) shall not apply to a plan described in section 412(i) of title 26." · (b)
    • Pub. L. 100–203, §9313(a)(2)(A), substituted "benefit liabilities" for "benefit commitments" in subcls. (II) and (III). · (b)
    • Pub. L. 100–203, §9314(a)(1)(A), added cl. (iii) and struck out former cl. (iii) which read as follows: "certification by the plan administrator that the information on which the enrolled actuary based the certification under clause (i) and the information provided to the co… · (b)
    • Pub. L. 100–203, §9313(a)(2)(B), substituted "the amount of the benefit liabilities (if any) attributable to such person" for "the amount of such person's benefit commitments (if any)" in cl. (i), and "such benefit liabilities" for "such benefit commitments" in cl. (ii). · (b)
    • Pub. L. 100–203, §9313(a)(2)(A), substituted "benefit liabilities" for "benefit commitments". · (b), (D)
    • Pub. L. 100–203, §9313(a)(2)(C)(i), added cl. (i) and struck out former cl. (i) which read as follows: "purchase irrevocable commitments from an insurer to provide the benefit liabilities under the plan and all other benefits (if any) under the plan to which assets are require… · (b)
    • Pub. L. 100–203, §9313(a)(2)(A), substituted "benefit liabilities" for "benefit commitments". · (b)
    • Pub. L. 100–203, §9313(a)(2)(C)(i), added cl. (ii) and struck out former cl. (ii) which read as follows: "in accordance with the provisions of the plan and any applicable regulations of the corporation, otherwise fully provide the benefit liabilities under the plan and all ot… · (b)
    • Pub. L. 100–203, §9313(a)(2)(A), substituted "benefit liabilities" for "benefit commitments". · (b)
    • Pub. L. 100–203, §9313(a)(2)(C)(ii), substituted "so as to pay all benefit liabilities under the plan" for "so as to pay the benefit liabilities under the plan and all other benefits under the plan to which assets are required to be allocated under section 1344 of this title." · (b)
    • Pub. L. 100–203, §9313(a)(2)(A), substituted "benefit liabilities" for "benefit commitments". · (b)
    • Pub. L. 100–203, §9314(a)(1)(B), inserted at end "Clause (ii) and clause (iv)(I) shall not apply to a plan described in section 412(i) of title 26." · (c)
    • Pub. L. 100–203, §9313(a)(2)(D), substituted "benefit liabilities" for "benefit commitments" in subcls. (II) and (III). · (c)
    • Pub. L. 100–203, §9313(a)(2)(D), substituted "benefit liabilities" for "benefit commitments" in introductory provision. · (c)
    • Pub. L. 100–203, §9314(a)(2)(A), added cl. (iv) and struck out former cl. (iv) which read as follows: "certification by the plan administrator that the information on which the enrolled actuary based the certifications under clause (ii) and the information provided to the cor… · (c)
    • Pub. L. 100–203, §9313(b)(1)(A), substituted "a member" for "a substantial member" in introductory provisions. · (c)
    • Pub. L. 100–203, §9313(b)(3), as amended by Pub. L. 101–239, §7881(g)(5), substituted "proposed termination date" for "termination date" in subcls. (I) and (II). · (c)
    • Pub. L. 100–203, §9313(b)(4), inserted "(or a case described in clause (ii) filed by or against such person has been converted, as of such date, to a case in which liquidation is sought)" in subcl. (I). · (c)
    • Pub. L. 100–203, §9313(b)(3), as amended by Pub. L. 101–239, §7881(g)(5), substituted "proposed termination date" for "termination date". · (c)
    • Pub. L. 100–203 §9313(b)(5)(A), struck out "and" at end. · (c)
    • Pub. L. 100–203, §9313(b)(3), as amended by Pub. L. 101–239, §7881(g)(5), substituted "proposed termination date" for "termination date". · (c)
    • Pub. L. 100–203, §9313(b)(5)(C), added subcl. (III). Former subcl. (III) redesignated (IV). · (c)
    • Pub. L. 100–203, §9313(b)(2), (5)(B), (D), redesignated former subcl. (III) as (IV) and substituted "(or such other appropriate court) determines that, unless the plan is terminated, such person will be unable to pay all its debts pursuant to a plan of reorganization and … · (c)
    • Pub. L. 100–203, §9313(b)(1)(B), redesignated former subpar. (D) as (C) and struck out former subpar. (C) which read as follows: "For purposes of subparagraph (B), the term 'substantial member' of a controlled group means a person whose assets comprise 5 percent or more of t… · (c), (D)
    • Pub. L. 100–203, §9313(a)(2)(D), substituted "benefit liabilities" for "benefit commitments" in heading and in cl. (ii). · (c)
    • Pub. L. 100–203, §9313(a)(2)(D), substituted in heading and text "benefit liabilities" for "benefit commitments". · (c)
    • Pub. L. 100–203, §9313(a)(2)(D), substituted in heading and text "benefit liabilities" for "benefit commitments". · (c)
    • Pub. L. 100–203, §9312(c)(1), struck out former subcl. (I) designation and substituted comma for dash before "the plan administrator", substituted period for ", and" after "termination of the plan", and struck out former subcl. (II) which read as follows: "the corporation shall establish a separate… · (c)
    • Pub. L. 100–203, §9312(c)(2), struck out former subcl. (I) designation and substituted comma for dash before "the corporation shall commence", substituted period for ", and" after "section 1342 of this title", and struck out former subcl. (II) which read as follows: "the cor… · (c)
    • Pub. L. 100–203, §9313(a)(2)(D), substituted in heading and text "benefit liabilities" for "benefit commitments". · (c)
    • Pub. L. 100–203, §9313(a)(2)(D), substituted "benefit liabilities" for "benefit commitments". · (c)
    • Pub. L. 100–203, §9313(a)(2)(E), substituted in text, "no amount of unfunded benefit liabilities" for "no amount of unfunded benefit commitments" and in heading, "benefit liabilities" for "benefit commitments". · (d)

    1986

    • Pub. L. 99–272, §11007(a), added subsec. (a) relating to general rules governing single-employer plan terminations and struck out former subsec. (a) relating to filing of notice that the plan is to be terminated. · (a)
    • Pub. L. 99–272, §§11007(a), 11008(a), added subsec. (b) relating to standard termination of single-employer plans and struck out former subsec. (b) relating to notice of sufficiency of plan assets. · (b)
    • Pub. L. 99–272, §§11007(a), 11009(a), added subsec. (c) relating to distress termination of single-employer plans and struck out former subsec. (c) relating to a finding and notice of inability to determine that the assets of a plan are sufficient. · (c)
    • Pub. L. 99–272, §11007(b), amended subsec. (d) generally, substituting provisions relating to sufficiency for benefit commitments and for guaranteed benefits, for provisions relating to an extension of the 90-day period upon written agreement. · (d)
    • Pub. L. 99–272, §11009(b), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to notification and appropriate proceedings upon a finding after authorized commencement of termination that the plan is unable to pay basic benefits when due. · (e)
    • Pub. L. 99–272, §11009(b)(2), redesignated subsec. (f) as (e). · (f)
    • Pub. L. 99–272, §11008(b), amended subsec. (f) generally, substituting provisions relating to limitation on the conversion of a defined benefit plan to a defined contribution plan, for provisions relating to amendment of a plan with respect to which basic benefits are guaranteed. · (f)

    1980

    • Pub. L. 96–364, §403(d)(2), inserted "single-employer" after "termination of a". · (a)
    • Pub. L. 96–364, §403(d)(3), struck out subsec. (g) which related to petition to the appropriate court for appointment of a trustee. · (g)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.