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29 U.S.C. § 1392 — Obligation to contribute

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

29 U.S.C. § 1392 — Obligation to contribute

**(a) “Obligation to contribute” defined** For purposes of this part, the term “obligation to contribute” means an obligation to contribute arising— (1) under one or more collective bargaining (or related) agreements, or (2) as a result of a duty under applicable labor-management relations law, but does not include an obligation to pay withdrawal liability under this section or to pay delinquent contributions. **(b) Payments of withdrawal liability not considered contributions** Payments of withdrawal liability under this part shall not be considered contributions for purposes of this part. **(c) Transactions to evade or avoid liability** If a principal purpose of any transaction is to evade or avoid liability under this part, this part shall be applied (and liability shall be determined and collected) without regard to such transaction.

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Source location: Title 29, Chapter 18, § 1392; chapter-018-employee-retirement-income-security-program.md

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

29 U.S.C. § 1401 — Resolution of disputes

**(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

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

29 U.S.C. § 1392 — Obligation to contribute

Page 710 TITLE 29—LABOR § 1392 (5)(A) The corporation shall prescribe by regu- lation a procedure by which a plan may, by amendment, adopt any other alternative method for determining an employer’s allocable share of unfunded vested benefits under this section, sub- ject to the approval of the corporation based on its determination that adoption of the method by the plan would not significantly increase the risk of loss to plan participants and bene- ficiaries or to the corporation. (B) The corporation may prescribe by regula- tion standard approaches for alternative meth- ods, other than those set forth in the preceding paragraphs of this subsection, which a plan may adopt under subparagraph (A), for which the cor- poration may waive or modify the approval re- quirements of subparagraph (A). Any alternative method shall provide for the allocation of sub- stantially all of a plan’s unfunded vested bene- fits among employers who have an obligation to contribute under the plan. (C) Unless the corporation by regulation pro- vides otherwise, a plan may be amended to pro- vide that a period of more than 5 but not more than 10 plan years may be used for determining the numerator and denominator of any fraction which is used under any method authorized under this section for determining an employ- er’s allocable share of unfunded vested benefits under this section. (D) The corporation may by regulation permit adjustments in any denominator under this sec- tion, consistent with the purposes of this sub- chapter, where such adjustment would be appro- priate to ease administrative burdens of plan sponsors in calculating such denominators. (E) FRESH START OPTION.—Notwithstanding paragraph (1), a plan may be amended to provide that the withdrawal liability me

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