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29 U.S.C. § 1145 — Delinquent contributions
Federal law — U.S. Code and appendices · legal_authorities
Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement.
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Stable record: federal_law:legal_authorities:record_usc_8e126ccb4d5be2637e8d992b
Source file: Laws/federal/codes/united-states-code/title-29/section-1145-delinquent-contributions--6b4fcb7f34.md
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Passage SHA-256: 0543a0678248ec48f5aa0f281c5be7923a52fa4dc76fc6cfe42b231ee644dd74
Source location: Title 29, Chapter 18, § 1145; chapter-018-employee-retirement-income-security-program.md
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Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement.
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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) Persons empowered to bring a civil action** A civil action may be brought—
(1) by a participant or beneficiary—
(A) for the relief provided for in subsection (c) of this section, or
(B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan;
(2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under [section 1109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1109&num=0&edition=prelim);
(3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan;
(4) by the Secretary, or by a participant, or beneficiary for appropriate relief in the case of a violation of section 1025(c) or 1032(a) of this title;
(5) except as otherwise provided in subsection (b), by the Secretary (A) to enjoin any act or practice which violates any provision of this subchapter, or (B) to obtain other appropriate equitable relief (i) to redress such violation or (ii) to enforce any provision of this subchapter;
(6) by the Secretary to collect any civil penalty under paragraph (2), (4), (5), (6), (7), (8), or (9) of subsection (c) or under subsection (i) or (l);
(7) by a State to enforce compliance with a qualified medical child support order (as defined in [section 1169(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1169/a/2/A&num=0&edition=prelim));
(8) by the Secretary, o
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1132
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Arbitration proceedings; matters subject to arbitration, procedures applicable, etc.**
(1) Any dispute between an employer and the plan sponsor of a multiemployer plan concerning a determination made under sections 1381 through 1399 of this title shall be resolved through arbitration. Either party may initiate the arbitration proceeding within a 60-day period after the earlier of—
(A) the date of notification to the employer under [section 1399(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1399/b/2/B&num=0&edition=prelim), or
(B) 120 days after the date of the employer’s request under [section 1399(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1399/b/2/A&num=0&edition=prelim).
The parties may jointly initiate arbitration within the 180-day period after the date of the plan sponsor’s demand under [section 1399(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1399/b/1&num=0&edition=prelim).
(2) An arbitration proceeding under this section shall be conducted in accordance with fair and equitable procedures to be promulgated by the corporation. The plan sponsor may purchase insurance to cover potential liability of the arbitrator. If the parties have not provided for the costs of the arbitration, including arbitrator’s fees, by agreement, the arbitrator shall assess such fees. The arbitrator may also award reasonable attorney’s fees.
(3)
(A) For purposes of any proceeding under this section, any determination made by a plan sponsor under sections 1381 through 1399 of this title and [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1405&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons entitled to maintain actions**
(1) A plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiary for purposes of collective bargaining, may bring an action for appropriate legal or equitable relief, or both.
(2) Notwithstanding paragraph (1), this section does not authorize an action against the Secretary of the Treasury, the Secretary of Labor, or the corporation.
**(b) Failure of employer to make withdrawal liability payment within prescribed time** In any action under this section to compel an employer to pay withdrawal liability, any failure of the employer to make any withdrawal liability payment within the time prescribed shall be treated in the same manner as a delinquent contribution (within the meaning of [section 1145 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1145&num=0&edition=prelim)).
**(c) Jurisdiction of Federal and State courts** The district courts of the United States shall have exclusive jurisdiction of an action under this section without regard to the amount in controversy, except that State courts of competent jurisdiction shall have concurrent jurisdiction over an action brought by a plan fiduciary to collect withdrawal liability.
**(d) Venue and service of process** An action under this section may be brought in the district where the plan is administered or where a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found.
**(e) Costs and expenses** In any action under this section, the court may awar
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
Page 551
TITLE 29—LABOR
§ 1146
that is not the spreading of risk solely for the
purposes of the provisions of State insurance
laws described in subsection (b).
(3) Welfare plan
The term ‘‘welfare plan’’—
(A) means any church plan to the extent
that such plan provides medical, surgical, or
hospital care or benefits, or benefits in the
event of sickness, accident, disability, death
or unemployment, or vacation benefits, ap-
prenticeship or other training programs, or
day care centers, scholarship funds, or pre-
paid legal services; and
(B) does not include any entity, such as a
health insurance issuer described in section
9832(b)(2) of title 26 or a health maintenance
organization described in section 9832(b)(3) of
title 26, or any other organization that does
business with the church plan or organiza-
tion sponsoring or maintaining such a plan.
(d) Enforcement authority
Notwithstanding any other provision of this
section, for purposes of enforcing provisions of
State insurance laws that apply to a church plan
that is a welfare plan, the church plan shall be
subject to State enforcement as if the church
plan were an insurer licensed by the State.
(e) Application of section
Except as provided in subsection (d), the appli-
cation of this section is limited to determining
the status of a church plan that is a welfare plan
under the provisions of State insurance laws de-
scribed in subsection (b). This section shall not
otherwise be construed to recharacterize the
status, or modify or affect the rights, of any
plan participant or beneficiary, including par-
ticipants or beneficiaries who make plan con-
tributions.
(Pub. L. 106–244, § 2, July 10, 2000, 114 Stat. 499.)
Editorial Notes
CODIFICATION
Section was not enacted as part of the Employee R
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1145
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.