2018 US Code
Title 29 - Labor
Chapter 18 - Employee Retirement Income Security Program
Subchapter II - Jurisdiction, Administration, Enforcement; Joint Pension Task Force, Etc.
Subtitle A - Jurisdiction, Administration, and Enforcement
Sec. 1202a - Employee plans compliance resolution system

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Citation 29 U.S.C. § 1202a (2018)
Section Name §1202a. Employee plans compliance resolution system
Section Text (a) In general

The Secretary of the Treasury shall have full authority to establish and implement the Employee Plans Compliance Resolution System (or any successor program) and any other employee plans correction policies, including the authority to waive income, excise, or other taxes to ensure that any tax, penalty, or sanction is not excessive and bears a reasonable relationship to the nature, extent, and severity of the failure.

(b) Improvements

The Secretary of the Treasury shall continue to update and improve the Employee Plans Compliance Resolution System (or any successor program), giving special attention to—

(1) increasing the awareness and knowledge of small employers concerning the availability and use of the program;

(2) taking into account special concerns and circumstances that small employers face with respect to compliance and correction of compliance failures;

(3) extending the duration of the self-correction period under the Self-Correction Program for significant compliance failures;

(4) expanding the availability to correct insignificant compliance failures under the Self-Correction Program during audit; and

(5) assuring that any tax, penalty, or sanction that is imposed by reason of a compliance failure is not excessive and bears a reasonable relationship to the nature, extent, and severity of the failure.

Source Credit

(Pub. L. 109–280, title XI, §1101, Aug. 17, 2006, 120 Stat. 1055.)

Editorial Notes CODIFICATION

Section was enacted as part of the Pension Protection Act of 2006, and not as part of the Employee Retirement Income Security Act of 1974 which comprises this chapter.

Publication Title United States Code, 2018 Edition, 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 II - JURISDICTION, ADMINISTRATION, ENFORCEMENT; JOINT PENSION TASK FORCE, ETC.
Subtitle A - Jurisdiction, Administration, and Enforcement
Sec. 1202a - Employee plans compliance resolution system
Contains section 1202a
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 120 Stat. 1055
Public Law References Public Law 109-280
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