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29 U.S.C. § 1304 — Participant and Plan Sponsor Advocate
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The board of directors of the corporation shall select a Participant and Plan Sponsor Advocate from the candidates nominated by the advisory committee to the corporation under [section 1302(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1302/h/1&num=0&edition=prelim) and without regard to the provisions of title 5 relating to appointments in the competitive service or Senior Executive Service.
**(b) Duties** The Participant and Plan Sponsor Advocate shall—
(1) act as a liaison between the corporation, sponsors of defined benefit pension plans insured by the corporation, and participants in pension plans trusteed by the corporation;
(2) advocate for the full attainment of the rights of participants in plans trusteed by the corporation;
(3) assist pension plan sponsors and participants in resolving disputes with the corporation;
(4) identify areas in which participants and plan sponsors have persistent problems in dealings with the corporation;
(5) to the extent possible, propose changes in the administrative practices of the corporation to mitigate problems;
(6) identify potential legislative changes which may be appropriate to mitigate problems; and
(7) refer instances of fraud, waste, and abuse, and violations of law to the Office of the Inspector General of the corporation.
**(c) Removal** If the Participant and Plan Sponsor Advocate is removed from office or is transferred to another position or location within the corporation or the Department of Labor, the board of the 11 So in original. The word “the” probably should not appear. directors of the corporation shall communicate in writing the reasons for any such removal or transfer to Congress not less than 30 days before the removal or tr
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1304
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Stable record: federal_law:legal_authorities:record_usc_68f2d8fe184a908083293699
Source file: Laws/federal/codes/united-states-code/title-29/section-1304-participant-and-plan-sponsor-advocate--e48588b1b1.md
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Source location: Title 29, Chapter 18, § 1304; chapter-018-employee-retirement-income-security-program.md
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**(a) In general** The board of directors of the corporation shall select a Participant and Plan Sponsor Advocate from the candidates nominated by the advisory committee to the corporation under [section 1302(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1302/h/1&num=0&edition=prelim) and without regard to the provisions of title 5 relating to appointments in the competitive service or Senior Executive Service.
**(b) Duties** The Participant and Plan Sponsor Advocate shall—
(1) act as a liaison between the corporation, sponsors of defined benefit pension plans insured by the corporation, and participants in pension plans trusteed by the corporation;
(2) advocate for the full attainment of the rights of participants in plans trusteed by the corporation;
(3) assist pension plan sponsors and participants in resolving disputes with the corporation;
(4) identify areas in which participants and plan sponsors have persistent problems in dealings with the corporation;
(5) to the extent possible, propose changes in the administrative practices of the corporation to mitigate problems;
(6) identify potential legislative changes which may be appropriate to mitigate problems; and
(7) refer instances of fraud, waste, and abuse, and violations of law to the Office of the Inspector General of the corporation.
**(c) Removal** If the Participant and Plan Sponsor Advocate is removed from office or is transferred to another position or location within the corporation or the Department of Labor, the board of the 11 So in original. The word “the” probably should not appear. directors of the corporation shall communicate in writing the reasons for any such removal or transfer to Congress not less than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
**(d) Compensation** The annual rate of basic pay for the Participant and Plan Sponsor Advocate shall be the same rate as the highest rate of basic pay established for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) or, if the board of directors of the corporation so determines, at a rate fixed under section 9503 of such title.
**(e) Annual report**
(1) **In general** — Not later than December 31 of each calendar year, the Participant and Plan Sponsor Advocate shall report to the Health, Education, Labor, and Pensions Committee of the Senate, the Committee on Finance of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Ways and Means of the House of Representatives on the activities of the Office of the Participant and Plan Sponsor Advocate during the fiscal year ending during such calendar year.
(2) **Content** — Each report submitted under paragraph (1) shall—
(A) summarize the assistance requests received from participants and plan sponsors and describe the activities, and evaluate the effectiveness, of the Participant and Plan Sponsor Advocate during the preceding year;
(B) identify significant problems the Participant and Plan Sponsor Advocate has identified;
(C) include specific legislative and regulatory changes to address the problems; and
(D) identify any actions taken to correct problems identified in any previous report.
(3) **Concurrent submission** — The Participant and Plan Sponsor Advocate shall submit a copy of each report to the Secretary of Labor, the Director of the corporation, and any other appropriate official at the same time such report is submitted to the committees of Congress under paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1341
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373.
**(b)** Notwithstanding the provisions of subsection (a), the applicable maximum shall be level II of the Executive Schedule for any agency that is certified under section 5307 as having a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance.
**(c)** No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under subsection (b) to an agency with an applicable maximum rate of pay prescribed under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5382
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) General rule** For purposes of this part, in the case of a multiemployer plan in effect on July 16, 2006—
(1) if the plan is in endangered status—
(A) the plan sponsor shall adopt and implement a funding improvement plan in accordance with the requirements of subsection (c), and
(B) the requirements of subsection (d) shall apply during the funding plan adoption period and the funding improvement period,
(2) if the plan is in critical status—
(A) the plan sponsor shall adopt and implement a rehabilitation plan in accordance with the requirements of subsection (e), and
(B) the requirements of subsection (f) shall apply during the rehabilitation plan adoption period and the rehabilitation period, and
(3) if the plan is in critical and declining status—
(A) the requirements of paragraph (2) shall apply to the plan; and
(B) the plan sponsor may, by plan amendment, suspend benefits in accordance with the requirements of subsection (e)(9).
**(b) Determination of endangered and critical status** For purposes of this section—
(1) **Endangered status** — A multiemployer plan is in endangered status for a plan year if, as determined by the plan actuary under paragraph (3), the plan is not in critical status for the plan year and is not described in paragraph (5), and, as of the beginning of the plan year, either—
(A) the plan’s funded percentage for such plan year is less than 80 percent, or
(B) the plan has an accumulated funding deficiency for such plan year, or is projected to have such an accumulated funding deficiency for any of the 6 succeeding plan years, taking into account any extension of amortization periods under [section 1084(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1084/d&num=0&ed
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1085
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment within Department of Labor** There is established within the Department of Labor a body corporate to be known as the Pension Benefit Guaranty Corporation. In carrying out its functions under this subchapter, the corporation shall be administered by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall act in accordance with the policies established by the board. The purposes of this subchapter, which are to be carried out by the corporation, are—
(1) to encourage the continuation and maintenance of voluntary private pension plans for the benefit of their participants,
(2) to provide for the timely and uninterrupted payment of pension benefits to participants and beneficiaries under plans to which this subchapter applies, and
(3) to maintain premiums established by the corporation under [section 1306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1306&num=0&edition=prelim) at the lowest level consistent with carrying out its obligations under this subchapter.
**(b) Powers of corporation** To carry out the purposes of this subchapter, the corporation has the powers conferred on a nonprofit corporation under the District of Columbia Nonprofit Corporation Act and, in addition to any specific power granted to the corporation elsewhere in this subchapter or under that Act, the corporation has the power—
(1) to sue and be sued, complain and defend, in its corporate name and through its own counsel, in any court, State or Federal;
(2) to adopt, alter, and use a corporate seal, which shall be judicially noticed;
(3) to adopt, amend, and repeal, by the board of directors, bylaws, rules, and regulations relating to the conduct of its business and th
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition** In this section, the term “CSEC plan” has the meaning given that term in subsection (f)(1) of [section 1060 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1060&num=0&edition=prelim).
**(b) Education** The Participant and Plan Sponsor Advocate established under [section 1304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1304&num=0&edition=prelim) shall make itself available to assist CSEC plan sponsors and participants as part of the duties it performs under the general supervision of the Board of Directors under [section 1304(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1304/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1304a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of plan sponsor** 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).
**(b) Criteria** A 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1426&num=0&edition=prelim); 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 title** The merger of multiemployer plans or the transfer of assets or liabilities between multiemployer plans, shall be deemed not to const
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of corporation**
(1) Upon the application by the plan sponsor of an eligible multiemployer plan for a partition of the plan, the corporation may order a partition of the plan in accordance with this section. The corporation shall make a determination regarding the application not later than 270 days after the date such application was filed (or, if later, the date such application was completed) in accordance with regulations promulgated by the corporation.
(2) Not later than 30 days after submitting an application for partition of a plan under paragraph (1), the plan sponsor of the plan shall notify the participants and beneficiaries of such application, in the form and manner prescribed by regulations issued by the corporation.
**(b) Eligible multiemployer plans** For purposes of this section, a multiemployer plan is an eligible multiemployer plan if—
(1) the plan is in critical and declining status (as defined in [section 1085(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1085/b/4&num=0&edition=prelim));
(2) the corporation determines, after consultation with the Participant and Plan Sponsor Advocate selected under [section 1304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1304&num=0&edition=prelim), that the plan sponsor has taken (or is taking concurrently with an application for partition) all reasonable measures to avoid insolvency, including the maximum benefit suspensions under [section 1085(e)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1085/e/9&num=0&edition=prelim), if applicable;
(3) the corporation reasonably expects that—
(A) a partition of the plan will reduce the corporation’s expecte
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1413
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Federal law — U.S. Code and appendices · legal_authorities
Page 636
TITLE 29—LABOR
§ 1304
2006—Subsec. (b). Pub. L. 109–280, § 411(a)(2), sub-
stituted ‘‘under this subchapter, the Director, any
member’’ for ‘‘under this subchapter, any member’’ and
‘‘designated by the Director or chairman’’ for ‘‘des-
ignated by the chairman’’.
Subsec. (e)(1). Pub. L. 109–280, § 108(b)(2), formerly
§ 107(b)(2), as renumbered by Pub. L. 111–192, substituted
‘‘1083(k)(1)(A) and (B)’’ for ‘‘1082(f)(1)(A) and (B)’’ and
‘‘430(k)(1)(A) and (B)’’ for ‘‘412(n)(1)(A) and (B)’’.
1994—Subsec. (a). Pub. L. 103–465, § 776(b)(1), inserted
‘‘and whether section 1350(a) of this title has been satis-
fied’’ before period at end of second sentence.
Subsec. (e)(1). Pub. L. 103–465, § 773(a), inserted ‘‘(A)’’
after ‘‘enforce’’ and substituted ‘‘, and’’ and cl. (B) for
period at end.
1986—Subsec. (a). Pub. L. 99–272, § 11016(c)(5), inserted
provisions directing the corporation to audit annually
a statistically significant number of plans terminating
under section 1341(b) of this title to determine whether
participants and beneficiaries have received their ben-
efit commitments and to include a statistically signifi-
cant number of participants and beneficiaries in each
audit.
Subsec. (e)(6). Pub. L. 99–272, § 11014(b)(2), added par.
(6).
Subsec. (f). Pub. L. 99–272, § 11014(b)(1), amended sub-
sec. (f) generally. Prior to amendment, subsec. (f) read
as follows: ‘‘Except as provided in section 1451(a)(2) of
this title, any participant, beneficiary, plan adminis-
trator, or employee adversely affected by any action of
the corporation, or by a receiver or trustee appointed
by the corporation, with respect to a plan in which
such participant, beneficiary, plan administrator or
employer has an interest, may bring an action against
the corpora
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1304
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.