Title 29LaborRelease 119-73

§1322b Aggregate limit on benefits guaranteed; criteria applicable

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER III— - PLAN TERMINATION INSURANCE › Subtitle Subtitle B— - Coverage › § 1322b

Last updated Apr 6, 2026|Official source

Summary

No one may get from the corporation more than the value of a monthly life annuity starting at age 65 that equals the amount set in section 1322(b)(3)(B) on the date of the plan’s last termination. That limit applies across all single‑employer and multiemployer plans together. If a multiemployer plan gets financial help from the corporation, benefits paid under that plan are treated as if they came from the corporation’s guarantee unless the corporation’s rules say otherwise. The day a multiemployer plan begins getting that help counts as the plan’s termination date.

Full Legal Text

Title 29, §1322b

Labor — Source: USLM XML via OLRC

(a)Notwithstanding section 1322 and 1322a of this title, no person shall receive from the corporation pursuant to a guarantee by the corporation of basic benefits with respect to a participant under all multiemployer and single employer plans an amount, or amounts, with an actuarial value which exceeds the actuarial value of a monthly benefit in the form of a life annuity commencing at age 65 equal to the amount determined under section 1322(b)(3)(B) of this title as of the date of the last plan termination.
(b)For purposes of this section—
(1)the receipt of benefits under a multiemployer plan receiving financial assistance from the corporation shall be considered the receipt of amounts from the corporation pursuant to a guarantee by the corporation of basic benefits except to the extent provided in regulations prescribed by the corporation, and
(2)the date on which a multiemployer plan, whether or not terminated, begins receiving financial assistance from the corporation shall be considered a date of plan termination.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1322b

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73