Title 29LaborRelease 119-73

§1397 Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan

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 › § 1397

Last updated Apr 6, 2026|Official source

Summary

When figuring how much of the unpaid promised pension benefits an employer must cover after a partial or full withdrawal that happens after September 25, 1980, use the employer’s contributions and contribution base units that are properly tied to work under a collective bargaining agreement or to work at a facility where contributions or operations permanently stopped before September 26, 1980. A plan may adjust how much unpaid promised benefits are charged to other employers in a plan run by one of those employers, as long as the adjustments follow rules the corporation must make. Unfunded vested benefits = promised benefits not fully paid for. Contribution base units = the measure used to record employer contributions.

Full Legal Text

Title 29, §1397

Labor — Source: USLM XML via OLRC

(a)For the purpose of determining the amount of unfunded vested benefits allocable to an employer for a partial or complete withdrawal from a plan which occurs after September 25, 1980, and for the purpose of determining whether there has been a partial withdrawal after such date, the amount of contributions, and the number of contribution base units, of such employer properly allocable—
(1)to work performed under a collective bargaining agreement for which there was a permanent cessation of the obligation to contribute before September 26, 1980, or
(2)to work performed at a facility at which all covered operations permanently ceased before September 26, 1980, or for which there was a permanent cessation of the obligation to contribute before that date,
(b)A plan may, in a manner not inconsistent with regulations, which shall be prescribed by the corporation, adjust the amount of unfunded vested benefits allocable to other employers under a plan maintained by an employer described in subsection (a).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–369, § 558(b)(1)(A), (B), substituted “
September 25, 1980” for “
April 28, 1980” in provisions preceding par. (1) and “
September 26, 1980” for “
April 29, 1980” in pars. (1) and (2).

Reference

Citations & Metadata

Citation

29 U.S.C. § 1397

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73