Title 29LaborRelease 119-73not60

§1341a Termination of Multiemployer Plans

Title 29 › Chapter 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter III— PLAN TERMINATION INSURANCE › Subtitle Subtitle C— Terminations › § 1341a

Last updated Apr 5, 2026|Official source

Summary

Says when a multiemployer pension plan ends and what must happen afterward. A plan ends if after September 26, 1980 the plan is changed so it stops giving credit for work after a certain date; if every employer leaves or all employers stop having to pay into the plan; or if the plan is changed so it becomes the other type of plan described in the law. Gives rules for the end date and for payments. If the plan ends because of an amendment, the end date is the later of when the amendment was adopted or when it takes effect. If it ends because all employers left, the end date is the earlier of when the last employer left or the first day of the first plan year with no employer contributions. For employer-withdrawal endings, the plan must pay only benefits people already have a right to keep, and employer-paid benefits (except death benefits) must be paid as an annuity unless the plan pays out everything. The sponsor must cut or suspend benefits as the law allows. For amendment endings, each employer must keep contributing at least the highest rate it paid in the 5 plan years before the end, unless the corporation approves a lower rate because the plan is or will soon be fully funded. The sponsor may allow a lump-sum instead of an annuity if the whole nonforfeitable employer-paid benefit (not a death benefit) is $1,750 or less. The corporation can allow other exceptions, and it can require reports and set rules to protect participants and prevent unreasonable loss.

Full Legal Text

Title 29, §1341a

Labor — Source: USLM XML via OLRC

(a)Termination of a multiemployer plan under this section occurs as a result of—
(1)the adoption after September 26, 1980, of a plan amendment which provides that participants will receive no credit for any purpose under the plan for service with any employer after the date specified by such amendment;
(2)the withdrawal of every employer from the plan, within the meaning of section 1383 of this title, or the cessation of the obligation of all employers to contribute under the plan; or
(3)the adoption of an amendment to the plan which causes the plan to become a plan described in section 1321(b)(1) of this title.
(b)(1)The date on which a plan terminates under paragraph (1) or (3) of subsection (a) is the later of—
(A)the date on which the amendment is adopted, or
(B)the date on which the amendment takes effect.
(2)The date on which a plan terminates under paragraph (2) of subsection (a) is the earlier of—
(A)the date on which the last employer withdraws, or
(B)the first day of the first plan year for which no employer contributions were required under the plan.
(c)Except as provided in subsection (f)(1), the plan sponsor of a plan which terminates under paragraph (2) of subsection (a) shall—
(1)limit the payment of benefits to benefits which are nonforfeitable under the plan as of the date of the termination, and
(2)pay benefits attributable to employer contributions, other than death benefits, only in the form of an annuity, unless the plan assets are distributed in full satisfaction of all nonforfeitable benefits under the plan.
(d)The plan sponsor of a plan which terminates under paragraph (2) of subsection (a) shall reduce benefits and suspend benefit payments in accordance with section 1441 of this title.
(e)In the case of a plan which terminates under paragraph (1) or (3) of subsection (a), the rate of an employer’s contributions under the plan for each plan year beginning on or after the plan termination date shall equal or exceed the highest rate of employer contributions at which the employer had an obligation to contribute under the plan in the 5 preceding plan years ending on or before the plan termination date, unless the corporation approves a reduction in the rate based on a finding that the plan is or soon will be fully funded.
(f)(1)The plan sponsor of a terminated plan may authorize the payment other than in the form of an annuity of a participant’s entire nonforfeitable benefit attributable to employer contributions, other than a death benefit, if the value of the entire nonforfeitable benefit does not exceed $1,750. The corporation may authorize the payment of benefits under the terms of a terminated plan other than nonforfeitable benefits, or the payment other than in the form of an annuity of benefits having a value greater than $1,750, if the corporation determines that such payment is not adverse to the interest of the plan’s participants and beneficiaries generally and does not unreasonably increase the corporation’s risk of loss with respect to the plan.
(2)The corporation may prescribe reporting requirements for terminated plans, and rules and standards for the administration of such plans, which the corporation considers appropriate to protect the interests of plan participants and beneficiaries or to prevent unreasonable loss to the corporation.

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. § 1341a

Title 29Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60