Title 29, LaborRelease 119-102

§1394 Application of Plan Amendments; Exception

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

Last updated Aug 21, 2026|Official source

Summary

Plan changes made after January 31, 1981 cannot be used to charge an employer for a withdrawal or partial withdrawal that happened before the change, unless the employer agrees. Plan rules and changes must be applied the same way to every employer, though the plan can treat employers differently when it needs to consider how financially stable they are. The plan sponsor must tell all employers who must contribute and all employee groups covered by the plan about any rules or 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

Aug 21, 2026

Release point: 119-102