2013 US Code
Title 29 - Labor
Chapter 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM (§§ 1001 - 1461)
Subchapter III - PLAN TERMINATION INSURANCE (§§ 1301 - 1461)
Subtitle E - Special Provisions for Multiemployer Plans (§§ 1381 - 1453)
Part 2 - merger or transfer of plan assets or liabilities (§§ 1411 - 1415)
Section 1411 - Mergers and transfers between multiemployer plans
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 29 - LABOR |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 29 - LABOR CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM SUBCHAPTER III - PLAN TERMINATION INSURANCE Subtitle E - Special Provisions for Multiemployer Plans part 2 - merger or transfer of plan assets or liabilities Sec. 1411 - Mergers and transfers between multiemployer plans |
Contains | section 1411 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 93-406, title IV, §4231, as added Pub. L. 96-364, title I, §104(2), Sept. 26, 1980, 94 Stat. 1244. |
Statutes at Large Reference | 94 Stat. 1244 |
Public Law References | Public Law 93-406, Public Law 96-364 |
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Unless otherwise provided in regulations prescribed by the corporation, a plan sponsor may not cause a multiemployer plan to merge with one or more multiemployer plans, or engage in a transfer of assets and liabilities to or from another multiemployer plan, unless such merger or transfer satisfies the requirements of subsection (b) of this section.
(b) CriteriaA merger or transfer satisfies the requirements of this section if—
(1) in accordance with regulations of the corporation, the plan sponsor of a multiemployer plan notifies the corporation of a merger with or transfer of plan assets or liabilities to another multiemployer plan at least 120 days before the effective date of the merger or transfer;
(2) no participant's or beneficiary's accrued benefit will be lower immediately after the effective date of the merger or transfer than the benefit immediately before that date;
(3) the benefits of participants and beneficiaries are not reasonably expected to be subject to suspension under section 1426 of this title; and
(4) an actuarial valuation of the assets and liabilities of each of the affected plans has been performed during the plan year preceding the effective date of the merger or transfer, based upon the most recent data available as of the day before the start of that plan year, or other valuation of such assets and liabilities performed under such standards and procedures as the corporation may prescribe by regulation.
(c) Actions not deemed violation of section 1106(a) or (b)(2) of this titleThe merger of multiemployer plans or the transfer of assets or liabilities between multiemployer plans, shall be deemed not to constitute a violation of the provisions of section 1106(a) of this title or section 1106(b)(2) of this title if the corporation determines that the merger or transfer otherwise satisfies the requirements of this section.
(d) Nature of plan to which liabilities are transferredA plan to which liabilities are transferred under this section is a successor plan for purposes of section 1322a(b)(2)(B) of this title.
(Pub. L. 93–406, title IV, §4231, as added Pub. L. 96–364, title I, §104(2), Sept. 26, 1980, 94 Stat. 1244.)
EFFECTIVE DATEPart effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.
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