Title 29 — LaborRelease 119-73

§1394 Application of plan amendments; exception

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER III— - PLAN TERMINATION INSURANCE › Subtitle Subtitle E— - Special Provisions for Multiemployer Plans › Part part 1— - employer withdrawals › § 1394

Last updated Apr 6, 2026|Official source

Summary

Rules made after January 31, 1981 cannot be used to make an employer pay for a withdrawal that happened before the rule was adopted unless the employer agrees. Rules must be applied the same to each employer, though they may vary for an employer’s creditworthiness, and the plan sponsor must notify all contributing employers and employee organizations about any changes.

Full Legal Text

Title 29, §1394

Labor — Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1394

Title 29 — Labor

Last Updated

Apr 6, 2026

Release point: 119-73