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29 U.S.C. § 1061 — Effective dates

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

29 U.S.C. § 1061 — Effective dates

**(a)** Except as otherwise provided in this section, this part shall apply in the case of plan years beginning after September 2, 1974. **(b)** (1) Except as otherwise provided in subsection (d), sections 1055, 1056(d) and 1058 of this title shall apply with respect to plan years beginning after December 31, 1975. (2) Except as otherwise provided in subsections (c) and (d) in the case of a plan in existence on January 1, 1974, this part shall apply in the case of plan years beginning after December 31, 1975. **(c)** (1) In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements between employee organizations and one or more employers, no plan shall be treated as not meeting the requirements of sections 1054 and 1055 of this title by reason of a supplementary or special plan provision (within the meaning of paragraph (2)) for any plan year before the year which begins after the earlier of— (A) the date on which the last of such agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after September 2, 1974), or (B) December 31, 1980. For purposes of subparagraph (A) and section 1086(c) 11 See References in Text note below. of this title, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement contained in this chapter or title 26 shall not be treated as a termination of such collective bargaining agreement. This paragraph shall not apply unless the Secretary determines that the participation and vesting rules in effect on September 2, 1974, are not less favorable to participants, in the aggregate, than the rules provided und

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Stable record: federal_law:legal_authorities:record_usc_66cbb2c7fee9f43fa6386ec8
Source file: Laws/federal/codes/united-states-code/title-29/section-1061-effective-dates--1bb184b38b.md
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Source location: Title 29, Chapter 18, § 1061; chapter-018-employee-retirement-income-security-program.md

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**(a)** Except as otherwise provided in this section, this part shall apply in the case of plan years beginning after September 2, 1974. **(b)** (1) Except as otherwise provided in subsection (d), sections 1055, 1056(d) and 1058 of this title shall apply with respect to plan years beginning after December 31, 1975. (2) Except as otherwise provided in subsections (c) and (d) in the case of a plan in existence on January 1, 1974, this part shall apply in the case of plan years beginning after December 31, 1975. **(c)** (1) In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements between employee organizations and one or more employers, no plan shall be treated as not meeting the requirements of sections 1054 and 1055 of this title by reason of a supplementary or special plan provision (within the meaning of paragraph (2)) for any plan year before the year which begins after the earlier of— (A) the date on which the last of such agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after September 2, 1974), or (B) December 31, 1980. For purposes of subparagraph (A) and section 1086(c) 11 See References in Text note below. of this title, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement contained in this chapter or title 26 shall not be treated as a termination of such collective bargaining agreement. This paragraph shall not apply unless the Secretary determines that the participation and vesting rules in effect on September 2, 1974, are not less favorable to participants, in the aggregate, than the rules provided under sections 1052, 1053, and 1054 of this title. (2) For purposes of paragraph (1), the term “supplementary or special plan provision” means any plan provision which— (A) provides supplementary benefits, not in excess of one-third of the basic benefit, in the form of an annuity for the life of the participant, or (B) provides that, under a contractual agreement based on medical evidence as to the effects of working in an adverse environment for an extended period of time, a participant having 25 years of service is to be treated as having 30 years of service. (3) This subsection shall apply with respect to a plan if (and only if) the application of this subsection results in a later effective date for this part than the effective date required by subsection (b). **(d)** If the administrator of a plan elects under section 1017(d) of this Act to make applicable to a plan year and to all subsequent plan years the provisions of title 26 relating to participation, vesting, funding, and form of benefit, this part shall apply to the first plan year to which such election applies and to all subsequent plan years. **(e)** (1) No pension plan to which [section 1052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1052&num=0&edition=prelim) applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which [section 1052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1052&num=0&edition=prelim) first becomes effective with respect to such plan) which provides that any employee’s participation in the plan would commence at any date later than the later of— (A) the date on which his participation would commence under the break in service rules of [section 1052(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1052/b&num=0&edition=prelim), or (B) the date on which his participation would commence under the plan as in effect on January 1, 1974. (2) No pension plan to which [section 1053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1053&num=0&edition=prelim) applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which [section 1053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1053&num=0&edition=prelim) first becomes effective with respect to such plan) if such amendment provides that the nonforfeitable benefit derived from employer contributions to which any employee would be entitled is less than the lesser of the nonforfeitable benefit derived from employer contributions to which he would be entitled under— (A) the break in service rules of [section 1052(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1052/b/3&num=0&edition=prelim), or (B) the plan as in effect on January 1, 1974. Subparagraph (B) shall not apply if the break in service rules under the plan would have been in violation of any law or rule of law in effect on January 1, 1974. **(f)** The preceding provisions of this section shall not apply with respect to amendments made to this part in provisions enacted after September 2, 1974.

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

26 U.S.C. § 412 — Minimum funding standards

**(a) Requirement to meet minimum funding standard** (1) **In general** — A plan to which this section applies shall satisfy the minimum funding standard applicable to the plan for any plan year. (2) **Minimum funding standard** — For purposes of paragraph (1), a plan shall be treated as satisfying the minimum funding standard for a plan year if— (A) in the case of a defined benefit plan which is not a multiemployer plan or a CSEC plan, the employer makes contributions to or under the plan for the plan year which, in the aggregate, are not less than the minimum required contribution determined under section 430 for the plan for the plan year, (B) in the case of a money purchase plan which is not a multiemployer plan, the employer makes contributions to or under the plan for the plan year which are required under the terms of the plan, (C) in the case of a multiemployer plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 431 as of the end of the plan year, and (D) in the case of a CSEC plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 433 as of the end of the plan year. **(b) Liability for contributions** (1) **In general** — Except as provided in paragraph (2), the amount of any contribution required by this section (including any required installments under paragraphs (3) and (4) of section 430(j) or under section 433(f)) shall be paid by the employer responsible for making contributions to or under the plan. (2) **Joint and several liability where emp

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 412

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

29 U.S.C. § 1001 — Congressional findings and declaration of policy

**(a) Benefit plans as affecting interstate commerce and the Federal taxing power** The Congress finds that the growth in size, scope, and numbers of employee benefit plans in recent years has been rapid and substantial; that the operational scope and economic impact of such plans is increasingly interstate; that the continued well-being and security of millions of employees and their dependents are directly affected by these plans; that they are affected with a national public interest; that they have become an important factor affecting the stability of employment and the successful development of industrial relations; that they have become an important factor in commerce because of the interstate character of their activities, and of the activities of their participants, and the employers, employee organizations, and other entities by which they are established or maintained; that a large volume of the activities of such plans are carried on by means of the mails and instrumentalities of interstate commerce; that owing to the lack of employee information and adequate safeguards concerning their operation, it is desirable in the interests of employees and their beneficiaries, and to provide for the general welfare and the free flow of commerce, that disclosure be made and safeguards be provided with respect to the establishment, operation, and administration of such plans; that they substantially affect the revenues of the United States because they are afforded preferential Federal tax treatment; that despite the enormous growth in such plans many employees with long years of employment are losing anticipated retirement benefits owing to the lack of vesting provisions in such plans; that owing to the inadequacy of current minimum standards, the soundness and stabilit

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1001

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

29 U.S.C. § 1052 — Minimum participation standards

**(a)** (1) (A) No pension plan may require, as a condition of participation in the plan, that an employee complete a period of service with the employer or employers maintaining the plan extending beyond the later of the following dates— (i) the date on which the employee attains the age of 21; or (ii) the date on which he completes 1 year of service. (B) (i) In the case of any plan which provides that after not more than 2 years of service each participant has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable at the time such benefit accrues, clause (ii) of subparagraph (A) shall be applied by substituting “2 years of service” for “1 year of service”. (ii) In the case of any plan maintained exclusively for employees of an educational organization (as defined in [section 170(b)(1)(A)(ii) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section170/b/1/A/ii&num=0&edition=prelim)) by an employer which is exempt from tax under [section 501(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/a&num=0&edition=prelim), which provides that each participant having at least 1 year of service has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable at the time such benefit accrues, clause (i) of subparagraph (A) shall be applied by substituting “26” for “21”. This clause shall not apply to any plan to which clause (i) applies. (2) No pension plan may exclude from participation (on the basis of age) employees who have attained a specified age. (3) (A) For purposes of this section, the term “year of service” means a 12-month period during which the employee has not less than 1,000 hours of service. For purpose

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1052

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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

26 U.S.C. § 410 — Minimum participation standards

**(a) Participation** (1) **Minimum age and service conditions** (A) *General rule* — A trust shall not constitute a qualified trust under section 401(a) if the plan of which it is a part requires, as a condition of participation in the plan, that an employee complete a period of service with the employer or employers maintaining the plan extending beyond the later of the following dates— (i) the date on which the employee attains the age of 21; or (ii) the date on which he completes 1 year of service. (B) *Special rules for certain plans* (i) In the case of any plan which provides that after not more than 2 years of service each participant has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable (within the meaning of section 411) at the time such benefit accrues, clause (ii) of subparagraph (A) shall be applied by substituting “2 years of service” for “1 year of service”. (ii) In the case of any plan maintained exclusively for employees of an educational institution (as defined in section 170(b)(1)(A)(ii)) by an employer which is exempt from tax under section 501(a) which provides that each participant having at least 1 year of service has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable (within the meaning of section 411) at the time such benefit accrues, clause (i) of subparagraph (A) shall be applied by substituting “26” for “21”. This clause shall not apply to any plan to which clause (i) applies. (2) **Maximum age conditions** — A trust shall not constitute a qualified trust under section 401(a) if the plan of which it is a part excludes from participation (on the basis of age) employees who have attained a specified age. (3) **Definition of year of service** (A)

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 410

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

29 U.S.C. § 1002 — Definitions

For purposes of this subchapter: (1) The terms “employee welfare benefit plan” and “welfare plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any benefit described in [section 186(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section186/c&num=0&edition=prelim) (other than pensions on retirement or death, and insurance to provide such pensions). (2) (A) Except as provided in subparagraph (B), the terms “employee pension benefit plan” and “pension plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (i) provides retirement income to employees, or (ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan. A distribution from a plan, fund, or program shall not be treated as made

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

29 U.S.C. § 1061 — Effective dates

Page 446 TITLE 29—LABOR § 1061 1 See References in Text note below. known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Section 104 of the Pension Protection Act of 2006, re- ferred to in subsec. (f)(1)(A), (3)(B), is section 104 of Pub. L. 109–280, which is set out as a note under section 401 of Title 26, Internal Revenue Code. The Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, referred to in subsec. (f)(3)(B), is Pub. L. 111–192, June 25, 2010, 124 Stat. 1280. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 1001 of this title and Tables. AMENDMENTS 2020—Subsec. (f)(1)(D). Pub. L. 116–136 added subpar. (D). 2014—Subsec. (f). Pub. L. 113–97, § 101, added subsec. (f). Subsec. (f)(1)(C). Pub. L. 113–235, § 3(a)(1), added sub- par. (C). Subsec. (f)(2). Pub. L. 113–235, § 3(a)(2), substituted ‘‘subparagraph (B) and (C) of paragraph (1)’’ for ‘‘para- graph (1)(B)’’. Subsec. (f)(3). Pub. L. 113–97, § 103(a), added par. (3). 2008—Subsec. (e)(1). Pub. L. 110–458, § 109(c)(2)(A), in- serted at end ‘‘In the case of a termination of the de- fined benefit plan and the applicable defined contribu- tion plan forming part of an eligible combined plan, the plan administrator shall terminate each such plan sep- arately.’’ Subsec. (e)(3) to (6). Pub. L. 110–458, § 109(c)(2)(B), struck out par. (3) and redesignated pars. (4) to (6) as (3) to (5), respectively. Former par. (3) related to non- discrimination requirements for qualified cash or d

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1061

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