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Title 29 — LaborRelease 119-73

§1148 Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 5— - administration and enforcement › § 1148

Last updated Apr 6, 2026|Official source

Summary

The Secretary can allow pension and other employee benefit plans and the people involved (sponsors, administrators, participants, and beneficiaries) up to 1 year extra to meet deadlines after a presidentially declared disaster, a terror or military action, or an HHS public health emergency, even if other laws say otherwise. Using that extra time won't by itself make a plan be treated as not following its rules.

Full Legal Text

Title 29, §1148

Labor — Source: USLM XML via OLRC

In the case of a pension or other employee benefit plan, or any sponsor, administrator, participant, beneficiary, or other person with respect to such plan, affected by a Presidentially declared disaster (as defined in section 1033(h)(3) of title 26) 11 So in original. Probably should be followed by a comma. a terroristic or military action (as defined in section 692(c)(2) of such title), or a public health emergency declared by the Secretary of Health and Human Services pursuant to section 247d of title 42, the Secretary may, notwithstanding any other provision of law, prescribe, by notice or otherwise, a period of up to 1 year which may be disregarded in determining the date by which any action is required or permitted to be completed under this chapter. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1001 of this title and Tables.

Amendments

2020—Pub. L. 116–136 substituted “a terroristic or military action (as defined in section 692(c)(2) of such title), or a public health emergency declared by the Secretary of Health and Human Services pursuant to section 247d of title 42, the Secretary may” for “or a terroristic or military action (as defined in section 692(c)(2) of such title), the Secretary may”.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to disasters and terroristic or military actions occurring on or after Sept. 11, 2001, with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Benefit Guaranty Corporation occurring on or after Jan. 23, 2002, see section 112(f) of Pub. L. 107–134, set out as an

Effective Date

of 2002 Amendment note under section 6081 of Title 26, Internal Revenue Code.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1148

Title 29 — Labor

Last Updated

Apr 6, 2026

Release point: 119-73