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29 U.S.C. § 1348 — Termination date

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1348 — Termination date

**(a)** For purposes of this subchapter the termination date of a single-employer plan is— (1) in the case of a plan terminated in a standard termination in accordance with the provisions of [section 1341(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/b&num=0&edition=prelim), the termination date proposed in the notice provided under [section 1341(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/a/2&num=0&edition=prelim), (2) in the case of a plan terminated in a distress termination in accordance with the provisions of [section 1341(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/c&num=0&edition=prelim), the date established by the plan administrator and agreed to by the corporation, (3) in the case of a plan terminated in accordance with the provisions of [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), the date established by the corporation and agreed to by the plan administrator, or (4) in the case of a plan terminated under section 1341(c) or 1342 of this title in any case in which no agreement is reached between the plan administrator and the corporation (or the trustee), the date established by the court. **(b)** For purposes of this subchapter, the date of termination of a multiemployer plan is— (1) in the case of a plan terminated in accordance with the provisions of [section 1341a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341a&num=0&edition=prelim), the date determined under subsection (b) of that section; or (2) in the case of a plan terminated in accordance with the

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Source location: Title 29, Chapter 18, § 1348; chapter-018-employee-retirement-income-security-program.md

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**(a)** For purposes of this subchapter the termination date of a single-employer plan is— (1) in the case of a plan terminated in a standard termination in accordance with the provisions of [section 1341(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/b&num=0&edition=prelim), the termination date proposed in the notice provided under [section 1341(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/a/2&num=0&edition=prelim), (2) in the case of a plan terminated in a distress termination in accordance with the provisions of [section 1341(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/c&num=0&edition=prelim), the date established by the plan administrator and agreed to by the corporation, (3) in the case of a plan terminated in accordance with the provisions of [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), the date established by the corporation and agreed to by the plan administrator, or (4) in the case of a plan terminated under section 1341(c) or 1342 of this title in any case in which no agreement is reached between the plan administrator and the corporation (or the trustee), the date established by the court. **(b)** For purposes of this subchapter, the date of termination of a multiemployer plan is— (1) in the case of a plan terminated in accordance with the provisions of [section 1341a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341a&num=0&edition=prelim), the date determined under subsection (b) of that section; or (2) in the case of a plan terminated in accordance with the provisions of [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), the date agreed to between the plan administrator and the corporation (or the trustee appointed under [section 1342(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342/b/2&num=0&edition=prelim), if any), or, if no agreement is reached, the date established by the court.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1341 — Termination of single-employer plans

**(a) General rules governing single-employer plan terminations** (1) **Exclusive means of plan termination** — Except in the case of a termination for which proceedings are otherwise instituted by the corporation as provided in [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), a single-employer plan may be terminated only in a standard termination under subsection (b) or a distress termination under subsection (c). (2) **60-day notice of intent to terminate** — Not less than 60 days before the proposed termination date of a standard termination under subsection (b) or a distress termination under subsection (c), the plan administrator shall provide to each affected party (other than the corporation in the case of a standard termination) a written notice of intent to terminate stating that such termination is intended and the proposed termination date. The written notice shall include any related additional information required in regulations of the corporation. (3) **Adherence to collective bargaining agreements** — The corporation shall not proceed with a termination of a plan under this section if the termination would violate the terms and conditions of an existing collective bargaining agreement. Nothing in the preceding sentence shall be construed as limiting the authority of the corporation to institute proceedings to involuntarily terminate a plan under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim). **(b) Standard termination of single-employer plans** (1) **General requirements** — A single-employer plan may terminate under a standard termination only if— (A) the plan administrator provi

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1342 — Institution of termination proceedings by the corporation

**(a) Authority to institute proceedings to terminate a plan** The corporation may institute proceedings under this section to terminate a plan whenever it determines that— (1) the plan has not met the minimum funding standard required under [section 412 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section412&num=0&edition=prelim), or has been notified by the Secretary of the Treasury that a notice of deficiency under [section 6212 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6212&num=0&edition=prelim) has been mailed with respect to the tax imposed under [section 4971(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4971/a&num=0&edition=prelim), (2) the plan will be unable to pay benefits when due, (3) the reportable event described in [section 1343(c)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1343/c/7&num=0&edition=prelim) has occurred, or (4) the possible long-run loss of the corporation with respect to the plan may reasonably be expected to increase unreasonably if the plan is not terminated. The corporation shall as soon as practicable institute proceedings under this section to terminate a single-employer plan whenever the corporation determines that the plan does not have assets available to pay benefits which are currently due under the terms of the plan. The corporation may prescribe a simplified procedure to follow in terminating small plans as long as that procedure includes substantial safeguards for the rights of the participants and beneficiaries under the plans, and for the employers who maintain such plans (including the requirement for a court decree under subsection (c)). Not

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1342

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1341a — Termination of multiemployer plans

**(a) Determinative factors** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1383&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1321/b/1&num=0&edition=prelim). **(b) Date of termination** (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) Duties of plan sponsor of amended plan** 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 t

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1341a

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 411 — Minimum vesting standards

**(a) General rule** A trust shall not constitute a qualified trust under section 401(a) unless the plan of which such trust is a part provides that an employee’s right to his normal retirement benefit is nonforfeitable upon the attainment of normal retirement age (as defined in paragraph (8)) and in addition satisfies the requirements of paragraphs (1), (2), and (11) of this subsection and the requirements of subsection (b)(3), and also satisfies, in the case of a defined benefit plan, the requirements of subsection (b)(1) and, in the case of a defined contribution plan, the requirements of subsection (b)(2). (1) **Employee contributions** — A plan satisfies the requirements of this paragraph if an employee’s rights in his accrued benefit derived from his own contributions are nonforfeitable. (2) **Employer contributions** (A) *Defined benefit plans* (i) *In general* — In the case of a defined benefit plan, a plan satisfies the requirements of this paragraph if it satisfies the requirements of clause (ii) or (iii). (ii) *5-year vesting* — A plan satisfies the requirements of this clause if an employee who has completed at least 5 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions. (iii) *3 to 7 year vesting* — A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee’s accrued benefit derived from employer contributions determined under the following table: Years of service:The nonforfeitable percentage is: 320 440 560 680 7 or more100. (B) *Defined contribution plans* (i) *In general* — In the case of a defined contribution plan, a plan satisfies the requirements of this paragraph if it satisfies the

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 411

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1053 — Minimum vesting standards

**(a) Nonforfeitability requirements** Each pension plan shall provide that an employee’s right to his normal retirement benefit is nonforfeitable upon the attainment of normal retirement age and in addition shall satisfy the requirements of paragraphs (1) and (2) of this subsection. (1) A plan satisfies the requirements of this paragraph if an employee’s rights in his accrued benefit derived from his own contributions are nonforfeitable. (2) (A) (i) In the case of a defined benefit plan, a plan satisfies the requirements of this paragraph if it satisfies the requirements of clause (ii) or (iii). (ii) A plan satisfies the requirements of this clause if an employee who has completed at least 5 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions. (iii) A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee’s accrued benefit derived from employer contributions determined under the following table: Years of service:The nonforfeitable percentage is: 320 440 560 680 7 or more100. (B) (i) In the case of an individual account plan, a plan satisfies the requirements of this paragraph if it satisfies the requirements of clause (ii) or (iii). (ii) A plan satisfies the requirements of this clause if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions. (iii) A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee’s accrued benefit derived from employer contributions determined under the following table: Years of service:T

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1053

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1461 — Effective date; special rules

**(a)** The provisions of this subchapter take effect on September 2, 1974. **(b)** Notwithstanding the provisions of subsection (a), the corporation shall pay benefits guaranteed under this subchapter with respect to any plan— (1) which is not a multiemployer plan, (2) which terminates after June 30, 1974, and before September 2, 1974, (3) to which [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1321&num=0&edition=prelim) would apply if that section were effective beginning on July 1, 1974, and (4) with respect to which a notice is filed with the Secretary of Labor and received by him not later than 10 days after September 2, 1974, except that, for reasonable cause shown, such notice may be filed with the Secretary of Labor and received by him not later than October 31, 1974, stating that the plan is a plan described in paragraphs (1), (2), and (3). The corporation shall not pay benefits guaranteed under this subchapter with respect to a plan described in the preceding sentence unless the corporation finds substantial evidence that the plan was terminated for a reasonable business purpose and not for the purpose of obtaining the payment of benefits by the corporation under this subchapter or for the purpose of avoiding the liability which might be imposed under subtitle D if the plan terminated on or after September 2, 1974. The provisions of subtitle D do not apply in the case of such a plan which terminates before September 2, 1974. For purposes of determining whether a plan is a plan described in paragraph (2), the provisions of [section 1348 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1348&num=0&edition=prelim) shall not apply, but the corporation shall make

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1461

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1348 — Termination date

Page 683 TITLE 29—LABOR § 1348 shall furnish to the trustee such information as the corporation or the plan administrator has and, to the extent practicable, can obtain re- garding— (1) the amount of benefits payable with re- spect to each participant under a plan to be terminated, (2) the amount of basic benefits guaranteed under section 1322 or 1322a of this title which are payable with respect to each participant in the plan, (3) the present value, as of the time of termi- nation, of the aggregate amount of basic bene- fits payable under section 1322 or 1322a of this title (determined without regard to section 1322b of this title), (4) the fair market value of the assets of the plan at the time of termination, (5) the computations under section 1344 of this title, and all actuarial assumptions under which the items described in paragraphs (1) through (4) were computed, and (6) any other information with respect to the plan the trustee may require in order to ter- minate the plan. (Pub. L. 93–406, title IV, § 4046, Sept. 2, 1974, 88 Stat. 1028; Pub. L. 96–364, title IV, § 403(e), Sept. 26, 1980, 94 Stat. 1301.) Editorial Notes AMENDMENTS 1980—Par. (2). Pub. L. 96–364, § 403(e)(1), inserted ‘‘basic’’ before ‘‘benefits’’ and ‘‘or 1322a’’ after ‘‘1322’’. Par. (3). Pub. L. 96–364, § 403(e), inserted ‘‘basic’’ be- fore ‘‘benefits’’ and ‘‘or 1322a’’ after ‘‘1322’’, and sub- stituted ‘‘1322b’’ for ‘‘1322(b)(5)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title. § 1347. Restoration of plans Whenever the corporation determines that a plan which is to be terminated under section 1341 or 1342 of this t

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1348

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