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29 U.S.C. § 1306 — Premium rates

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29 U.S.C. § 1306 — Premium rates

**(a) Schedules for premium rates and bases for application; establishment, coverage, etc.** (1) The corporation shall prescribe such schedules of premium rates and bases for the application of those rates as may be necessary to provide sufficient revenue to the fund for the corporation to carry out its functions under this subchapter. The premium rates charged by the corporation for any period shall be uniform for all plans, other than multiemployer plans, insured by the corporation with respect to basic benefits guaranteed by it under [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322&num=0&edition=prelim), and shall be uniform for all multiemployer plans with respect to basic benefits guaranteed by it under [section 1322a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a&num=0&edition=prelim). (2) The corporation shall maintain separate schedules of premium rates, and bases for the application of those rates, for— (A) basic benefits guaranteed by it under [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322&num=0&edition=prelim) for single-employer plans, (B) basic benefits guaranteed by it under [section 1322a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a&num=0&edition=prelim) for multiemployer plans, (C) nonbasic benefits guaranteed by it under [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322&num=0&edition=prelim) for single-employer plans, (D) nonbasic benefits guaranteed by it under [section 1322a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29

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Source location: Title 29, Chapter 18, § 1306; chapter-018-employee-retirement-income-security-program.md

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**(a) Schedules for premium rates and bases for application; establishment, coverage, etc.** (1) The corporation shall prescribe such schedules of premium rates and bases for the application of those rates as may be necessary to provide sufficient revenue to the fund for the corporation to carry out its functions under this subchapter. The premium rates charged by the corporation for any period shall be uniform for all plans, other than multiemployer plans, insured by the corporation with respect to basic benefits guaranteed by it under [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322&num=0&edition=prelim), and shall be uniform for all multiemployer plans with respect to basic benefits guaranteed by it under [section 1322a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a&num=0&edition=prelim). (2) The corporation shall maintain separate schedules of premium rates, and bases for the application of those rates, for— (A) basic benefits guaranteed by it under [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322&num=0&edition=prelim) for single-employer plans, (B) basic benefits guaranteed by it under [section 1322a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a&num=0&edition=prelim) for multiemployer plans, (C) nonbasic benefits guaranteed by it under [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322&num=0&edition=prelim) for single-employer plans, (D) nonbasic benefits guaranteed by it under [section 1322a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a&num=0&edition=prelim) for multiemployer plans, and (E) reimbursements of uncollectible withdrawal liability under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1402&num=0&edition=prelim). The corporation may revise such schedules whenever it determines that revised schedules are necessary. Except as provided in [section 1322a(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a/f&num=0&edition=prelim), in order to place a revised schedule described in subparagraph (A) or (B) in effect, the corporation shall proceed in accordance with subsection (b)(1), and such schedule shall apply only to plan years beginning more than 30 days after the date on which a joint resolution approving such revised schedule is enacted. (3) (A) Except as provided in subparagraph (C), the annual premium rate payable to the corporation by all plans for basic benefits guaranteed under this subchapter is— (i) in the case of a single-employer plan other than a CSEC plan (as defined in [section 1060(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1060/f/1&num=0&edition=prelim)) an amount for each individual who is a participant in such plan during the plan year equal to the sum of the additional premium (if any) determined under subparagraph (E) and— (I) for plan years beginning after December 31, 2005, and before January 1, 2013, $30; (II) for plan years beginning after December 31, 2012, and before January 1, 2014, $42; (III) for plan years beginning after December 31, 2013 and before January 1, 2015,,11 So in original. $49.22 So in original. The period probably should be a semicolon. (IV) for plan years beginning after December 31, 2014, and before January 1, 2016, $57; (V) for plan years beginning after December 31, 2015, and before January 1, 2017, $64; (VI) for plan years beginning after December 31, 2016, and before January 1, 2018, $69; (VII) for plan years beginning after December 31, 2017, and before January 1, 2019, $74; and (VIII) for plan years beginning after December 31, 2018, $80.33 So in original. The period probably should be a comma. (ii) in the case of a multiemployer plan, for the plan year within which the date of enactment of the Multiemployer Pension Plan Amendments Act of 1980 falls, an amount for each individual who is a participant in such plan for such plan year equal to the sum of— (I) 50 cents, multiplied by a fraction the numerator of which is the number of months in such year ending on or before such date and the denominator of which is 12, and (II) $1.00, multiplied by a fraction equal to 1 minus the fraction determined under clause (i), (iii) in the case of a multiemployer plan, for plan years beginning after September 26, 1980, and before January 1, 2006, an amount equal to— (I) $1.40 for each participant, for the first, second, third, and fourth plan years, (II) $1.80 for each participant, for the fifth and sixth plan years, (III) $2.20 for each participant, for the seventh and eighth plan years, and (IV) $2.60 for each participant, for the ninth plan year, and for each succeeding plan year, (iv) in the case of a multiemployer plan, for plan years beginning after December 31, 2005, and before January 1, 2013, $8.00 for each individual who is a participant in such plan during the applicable plan year, (v) in the case of a multiemployer plan, for plan years beginning after December 31, 2012, and before January 1, 2015, $12.00 for each individual who is a participant in such plan during the applicable plan year, (vi) in the case of a multiemployer plan, for plan years beginning after December 31, 2014,,1 and before January 1, 2031, $26 for each individual who is a participant in such plan during the applicable plan year, (vii) in the case of a CSEC plan (as defined in [section 1060(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1060/f/1&num=0&edition=prelim)), for plan years beginning after December 31, 2018, for each individual who is a participant in such plan during the plan year an amount equal to the sum of— (I) the additional premium (if any) determined under subparagraph (E), and (II) $19, or (viii) in the case of a multiemployer plan, for plan years beginning after December 31, 2030, $52 for each individual who is a participant in such plan during the applicable plan year. (B) The corporation may prescribe by regulation the extent to which the rate described in subparagraph (A)(i) applies more than once for any plan year to an individual participating in more than one plan maintained by the same employer, and the corporation may prescribe regulations under which the rate described in clause (iii) or (iv) of subparagraph (A) will not apply to the same participant in any multiemployer plan more than once for any plan year. (C) (i) If the sum of— (I) the amounts in any fund for basic benefits guaranteed for multiemployer plans, and (II) the value of any assets held by the corporation for payment of basic benefits guaranteed for multiemployer plans, is for any calendar year less than 2 times the amount of basic benefits guaranteed by the corporation under this subchapter for multiemployer plans which were paid out of any such fund or assets during the preceding calendar year, the annual premium rates under subparagraph (A) shall be increased to the next highest premium level necessary to insure that such sum will be at least 2 times greater than such amount during the following calendar year. (ii) If the board of directors of the corporation determines that an increase in the premium rates under subparagraph (A) is necessary to provide assistance to plans which are receiving assistance under [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1431&num=0&edition=prelim) and to plans the board finds are reasonably likely to require such assistance, the board may order such increase in the premium rates. (iii) The maximum annual premium rate which may be established under this subparagraph is $2.60 for each participant. (iv) The provisions of this subparagraph shall not apply if the annual premium rate is increased to a level in excess of $2.60 per participant under any other provisions of this subchapter. (D) (i) Not later than 120 days before the date on which an increase under subparagraph (C)(ii) is to become effective, the corporation shall publish in the Federal Register a notice of the determination described in subparagraph (C)(ii), the basis for the determination, the amount of the increase in the premium, and the anticipated increase in premium income that would result from the increase in the premium rate. The notice shall invite public comment, and shall provide for a public hearing if one is requested. Any such hearing shall be commenced not later than 60 days before the date on which the increase is to become effective. (ii) The board of directors shall review the hearing record established under clause (i) and shall, not later than 30 days before the date on which the increase is to become effective, determine (after consideration of the comments received) whether the amount of the increase should be changed and shall publish its determination in the Federal Register. (E) (i) Except as provided in subparagraph (I), the additional premium determined under this subparagraph with respect to any plan for any plan year— (I) shall be an amount equal to the amount determined under clause (ii) divided by the number of participants in such plan as of the close of the preceding plan year; (II) in the case of plan years beginning in a calendar year after 2012 and before 2016, shall not exceed $400 44 So in original. Probably should be followed by a semicolon. and (III) in the case of plan years beginning in a calendar year after 2015, shall not exceed $500. (ii) The amount determined under this clause for any plan year shall be an amount equal to the applicable dollar amount under paragraph (8) for each $1,000 (or fraction thereof) of unfunded vested benefits under the plan as of the close of the preceding plan year. (iii) Except as provided in clause (v), for purposes of clause (ii), the term “unfunded vested benefits” means, for a plan year, the excess (if any) of— (I) the funding target of the plan as determined under [section 1083(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1083/d&num=0&edition=prelim) for the plan year by only taking into account vested benefits and by using the interest rate described in clause (iv), over (II) the fair market value of plan assets for the plan year which are held by the plan on the valuation date. (iv) The interest rate used in valuing benefits for purposes of subclause (I) of clause (iii) shall be equal to the first, second, or third segment rate for the month preceding the month in which the plan year begins, which would be determined under [section 1083(h)(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1083/h/2/C&num=0&edition=prelim) (notwithstanding any regulations issued by the corporation, determined by not taking into account any adjustment under clause (iv) thereof) if [section 1083(h)(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1083/h/2/D&num=0&edition=prelim) were applied by using the monthly yields for the month preceding the month in which the plan year begins on investment grade corporate bonds with varying maturities and in the top 3 quality levels rather than the average of such yields for a 24-month period. (v) For purposes of clause (ii), in the case of a CSEC plan (as defined in [section 1060(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1060/f/1&num=0&edition=prelim)), the term “unfunded vested benefits” means, for plan years beginning after December 31, 2018, the excess (if any) of— (I) the funding liability of the plan as determined under [section 1085a(j)(5)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1085a/j/5/C&num=0&edition=prelim) for the plan year by only taking into account vested benefits, over (II) the fair market value of plan assets for the plan year which are held by the plan on the valuation date. (F) For each plan year beginning in a calendar year after 2006 and before 2013, there shall be substituted for the premium rate specified in clause (i) of subparagraph (A) an amount equal to the greater of— (i) the product derived by multiplying the premium rate specified in clause (i) of subparagraph (A) by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2004 (2012 in the case of plan years beginning after calendar year 2014); and (ii) the premium rate in effect under clause (i) of subparagraph (A) for plan years beginning in the preceding calendar year. (G) For each plan year beginning in a calendar year after 2019, there shall be substituted for the premium rate specified in clause (i) of subparagraph (A) an amount equal to the greater of— (i) the product derived by multiplying the premium rate specified in clause (i) of subparagraph (A) by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2017; and (ii) the premium rate in effect under clause (i) of subparagraph (A) for plan years beginning in the preceding calendar year. (H) For each plan year beginning in a calendar year after 2006, there shall be substituted for the premium rate specified in clause (iv) of subparagraph (A) an amount equal to the greater of— (i) the product derived by multiplying the premium rate specified in clause (iv) of subparagraph (A) by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2004; and (ii) the premium rate in effect under clause (iv) of subparagraph (A) for plan years beginning in the preceding calendar year. (I) (i) In the case of an employer who has 25 or fewer employees on the first day of the plan year, the additional premium determined under subparagraph (E) for each participant shall not exceed $5 multiplied by the number of participants in the plan as of the close of the preceding plan year. (ii) For purposes of clause (i), whether an employer has 25 or fewer employees on the first day of the plan year is determined by taking into consideration all of the employees of all members of the contributing sponsor’s controlled group. In the case of a plan maintained by two or more contributing sponsors, the employees of all contributing sponsors and their controlled groups shall be aggregated for purposes of determining whether the 25-or-fewer-employees limitation has been satisfied. (J) For each plan year beginning in a calendar year after 2013, there shall be substituted for the premium rate specified in clause (v) of subparagraph (A) an amount equal to the greater of— (i) the product derived by multiplying the premium rate specified in clause (v) of subparagraph (A) by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2011; and (ii) the premium rate in effect under clause (v) of subparagraph (A) for plan years beginning in the preceding calendar year. (K) For each plan year beginning in a calendar year after 2013 and before 2016, there shall be substituted for the dollar amount specified in subclause (II) of subparagraph (E)(i) an amount equal to the greater of— (i) the product derived by multiplying such dollar amount by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2011; and (ii) such dollar amount for plan years beginning in the preceding calendar year. (L) For each plan year beginning in a calendar year after 2016, there shall be substituted for the dollar amount specified in subclause (III) of subparagraph (E)(i) an amount equal to the greater of— (i) the product derived by multiplying such dollar amount by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2014; and (ii) such dollar amount for plan years beginning in the preceding calendar year. (M) For each plan year beginning in a calendar year after 2015, there shall be substituted for the dollar amount specified in clause (vi) of subparagraph (A) an amount equal to the greater of— (i) the product derived by multiplying such dollar amount by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2013; and (ii) such dollar amount for plan years beginning in the preceding calendar year. (N) For each plan year beginning in a calendar year after 2031, there shall be substituted for the dollar amount specified in clause (viii) of subparagraph (A) an amount equal to the greater of— (i) the product derived by multiplying such dollar amount by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for 2029; and (ii) such dollar amount for plan years beginning in the preceding calendar year.If the amount determined under this subparagraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1. (4) The corporation may prescribe, subject to the enactment of a joint resolution in accordance with this section or [section 1322a(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a/f&num=0&edition=prelim), alternative schedules of premium rates, and bases for the application of those rates, for basic benefits guaranteed by it under sections 1322 and 1322a of this title based, in whole or in part, on the risks insured by the corporation in each plan. (5) (A) In carrying out its authority under paragraph (1) to establish schedules of premium rates, and bases for the application of those rates, for nonbasic benefits guaranteed under sections 1322 and 1322a of this title the premium rates charged by the corporation for any period for nonbasic benefits guaranteed shall— (i) be uniform by category of nonbasic benefits guaranteed, (ii) be based on the risks insured in each category, and (iii) reflect the experience of the corporation (including experience which may be reasonably anticipated) in guaranteeing such benefits. (B) Notwithstanding subparagraph (A), premium rates charged to any multiemployer plan by the corporation for any period for supplemental guarantees under [section 1322a(g)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322a/g/2&num=0&edition=prelim) may reflect any reasonable considerations which the corporation determines to be appropriate. (6) (A) In carrying out its authority under paragraph (1) to establish premium rates and bases for basic benefits guaranteed under [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1322&num=0&edition=prelim) with respect to single-employer plans, the corporation shall establish such rates and bases in coverage schedules in accordance with the provisions of this paragraph. (B) The corporation may establish annual premiums for single-employer plans composed of the sum of— (i) a charge based on a rate applicable to the excess, if any, of the present value of the basic benefits of the plan which are guaranteed over the value of the assets of the plan, not in excess of 0.1 percent, and (ii) an additional charge based on a rate applicable to the present value of the basic benefits of the plan which are guaranteed. The rate for the additional charge referred to in clause (ii) shall be set by the corporation for every year at a level which the corporation estimates will yield total revenue approximately equal to the total revenue to be derived by the corporation from the charges referred to in clause (i) of this subparagraph. (C) The corporation may establish annual premiums for single-employer plans based on— (i) the number of participants in a plan, but such premium rates shall not exceed the rates described in paragraph (3), (ii) unfunded basic benefits guaranteed under this subchapter, but such premium rates shall not exceed the limitations applicable to charges referred to in subparagraph (B)(i), or (iii) total guaranteed basic benefits, but such premium rates shall not exceed the rates for additional charges referred to in subparagraph (B)(ii). If the corporation uses two or more of the rate bases described in this subparagraph, the premium rates shall be designed to produce approximately equal amounts of aggregate premium revenue from each of the rate bases used. (D) For purposes of this paragraph, the corporation shall by regulation define the terms “value of assets” and “present value of the benefits 55 So in original. Probably should be preceded by “basic”. of the plan which are guaranteed” in a manner consistent with the purposes of this subchapter and the provisions of this section. (7) **Premium Rate for Certain Terminated Single-Employer Plans.—** (A) *In general.—* — If there is a termination of a single-employer plan under clause (ii) or (iii) of [section 1341(c)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/c/2/B&num=0&edition=prelim) or [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), there shall be payable to the corporation, with respect to each applicable 12-month period, a premium at a rate equal to $1,250 multiplied by the number of individuals who were participants in the plan immediately before the termination date. Such premium shall be in addition to any other premium under this section. (B) *Special rule for plans terminated in bankruptcy reorganization.—* — In the case of a single-employer plan terminated under [section 1341(c)(2)(B)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/c/2/B/ii&num=0&edition=prelim) or under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim) during pendency of any bankruptcy reorganization proceeding under chapter 11 of title 11 or under any similar law of a State or a political subdivision of a State (or a case described in [section 1341(c)(2)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/c/2/B/i&num=0&edition=prelim) filed by or against such person has been converted, as of such date, to such a case in which reorganization is sought), subparagraph (A) shall not apply to such plan until the date of the discharge or dismissal of such person in such case. (C) *Applicable 12-month period.—* — For purposes of subparagraph (A)— (i) *In general.—* — The term “applicable 12-month period” means— (I) the 12-month period beginning with the first month following the month in which the termination date occurs, and (II) each of the first two 12-month periods immediately following the period described in subclause (I). (ii) *Plans terminated in bankruptcy reorganization.—* — In any case in which the requirements of subparagraph (B) are met in connection with the termination of the plan with respect to 1 or more persons described in such subparagraph, the 12-month period described in clause (i)(I) shall be the 12-month period beginning with the first month following the month which includes the earliest date as of which each such person is discharged or dismissed in the case described in such clause in connection with such person. (D) *Coordination with section 1307.—* (i) Notwithstanding [section 1307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1307&num=0&edition=prelim)— (I) premiums under this paragraph shall be due within 30 days after the beginning of any applicable 12-month period, and (II) the designated payor shall be the person who is the contributing sponsor as of immediately before the termination date. (ii) The fifth sentence of [section 1307(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1307/a&num=0&edition=prelim) shall not apply in connection with premiums determined under this paragraph. (8) **Applicable dollar amount for variable rate premium.—** — For purposes of paragraph (3)(E)(ii)— (A) *In general.—* — Except as provided in subparagraphs (B), (C), and (E), the applicable dollar amount shall be— (i) $9 for plan years beginning in a calendar year before 2015; (ii) for plan years beginning in calendar year 2015, the amount in effect for plan years beginning in 2014 (determined after application of subparagraph (C)); (iii) for plan years beginning after calendar year 2015, the amount in effect for plan years beginning in 2015 (determined after application of subparagraph (C)); (iv) for plan years beginning after calendar year 2016, the amount in effect for plan years beginning in 2016 (determined after application of subparagraph (C)); (v) for plan years beginning after calendar year 2017, the amount in effect for plan years beginning in 2017 (determined after application of subparagraph (C)); (vi) for plan years beginning after calendar year 2018, the amount in effect for plan years beginning in 2018 (determined after application of subparagraph (C)); (vii) for plan years beginning after calendar year 2019, the amount in effect for plan years beginning in 2019 (determined after application of subparagraph (C)); and (viii) for plan years beginning after calendar year 2023, $52. (B) *Adjustment for inflation.—* — For each plan year beginning in a calendar year after 2012 and before 2024, there shall be substituted for the applicable dollar amount specified under subparagraph (A) an amount equal to the greater of— (i) the product derived by multiplying such applicable dollar amount for plan years beginning in that calendar year by the ratio of— (I) the national average wage index (as defined in [section 409(k)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/k/1&num=0&edition=prelim)) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (II) the national average wage index (as so defined) for the base year; and (ii) such applicable dollar amount in effect for plan years beginning in the preceding calendar year. If the amount determined under this subparagraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1. (C) *Additional increases.—* — The applicable dollar amount determined under subparagraph (A) (after the application of subparagraph (B)) shall be increased— (i) in the case of plan years beginning in calendar year 2014, by $4; (ii) in the case of plan years beginning in calendar year 2015, by $10; (iii) in the case of plan years beginning in calendar year 2016, by $5; (iv) in the case of plan years beginning in calendar year 2017, by $3; (v) in the case of plan years beginning in calendar year 2018, by $4; and (vi) in the case of plan years beginning in calendar year 2019, by $4. (D) *Base year.—* — For purposes of subparagraph (B), the base year is— (i) 2010, in the case of plan years beginning in calendar year 2013 or 2014; (ii) 2012, in the case of plan years beginning in calendar year 2015; (iii) 2013, in the case of plan years beginning after calendar year 2015; (iv) 2014, in the case of plan years beginning after calendar year 2016; (v) 2015, in the case of plan years beginning after calendar year 2017; (vi) 2016, in the case of plan years beginning after calendar year 2018; and (vii) 2017, in the case of plan years beginning after calendar year 2019 and before 2024. (E) *CSEC plans.—* — In the case of a CSEC plan (as defined in [section 1060(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1060/f/1&num=0&edition=prelim)), the applicable dollar amount shall be $9. **(b) Revised schedule; Congressional procedures applicable** (1) In order to place a revised schedule (other than a schedule described in subsection (a)(2)(C), (D), or (E)) in effect, the corporation shall transmit the proposed schedule, its proposed effective date, and the reasons for its proposal to the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, and to the Committee on Finance and the Committee on Labor and Human Resources of the Senate. (2) The succeeding paragraphs of this subsection are enacted by Congress as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described in paragraph (3). They shall supersede other rules only to the extent that they are inconsistent therewith. They are enacted with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any rule of that House. (3) For the purpose of the succeeding paragraphs of this subsection, “resolution” means only a joint resolution, the matter after the resolving clause of which is as follows: “The proposed revised schedule transmitted to Congress by the Pension Benefit Guaranty Corporation on __ is hereby approved.”, the blank space therein being filled with the date on which the corporation’s message proposing the rate was delivered. (4) A resolution shall be referred to the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives and to the Committee on Finance and the Committee on Labor and Human Resources of the Senate. (5) If a committee to which has been referred a resolution has not reported it before the expiration of 10 calendar days after its introduction, it shall then (but not before) be in order to move to discharge the committee from further consideration of that resolution, or to discharge the committee from further consideration of any other resolution with respect to the proposed adjustment which has been referred to the committee. The motion to discharge may be made only by a person favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same proposed rate), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same proposed rate. (6) When a committee has reported, or has been discharged from further consideration of a resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. Debate on the resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. (7) Motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution and motions to proceed to the consideration of other business shall be decided without debate. Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. **(c) Rates for plans for basic benefits** (1) Except as provided in subsection (a)(3), and subject to paragraph (2), the rate for all plans for basic benefits guaranteed under this subchapter with respect to plan years ending after September 2, 1974, is— (A) in the case of each plan which was not a multiemployer plan in a plan year— (i) with respect to each plan year beginning before January 1, 1978, an amount equal to $1 for each individual who was a participant in such plan during the plan year, (ii) with respect to each plan year beginning after December 31, 1977, and before January 1, 1986, an amount equal to $2.60 for each individual who was a participant in such plan during the plan year, and 66 So in original. The word “and” probably should not appear. (iii) with respect to each plan year beginning after December 31, 1985, and before January 1, 1988, an amount equal to $8.50 for each individual who was a participant in such plan during the plan year, and (iv) with respect to each plan year beginning after December 31, 1987, and before January 1, 1991, an amount equal to $16 for each individual who was a participant in such plan during the plan year, and (B) in the case of each plan which was a multiemployer plan in a plan year, an amount equal to 50 cents for each individual who was a participant in such plan during the plan year. (2) The rate applicable under this subsection for the plan year preceding September 1, 1975, is the product of— (A) the rate described in the preceding sentence; and (B) a fraction— (i) the numerator of which is the number of calendar months in the plan year which ends after September 2, 1974, and before the date on which the new plan year commences, and (ii) the denominator of which is 12.

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

26 U.S.C. § 430 — Minimum funding standards for single-employer defined benefit pension plans

**(a) Minimum required contribution** For purposes of this section and section 412(a)(2)(A), except as provided in subsection (f), the term “minimum required contribution” means, with respect to any plan year of a defined benefit plan which is not a multiemployer plan— (1) in any case in which the value of plan assets of the plan (as reduced under subsection (f)(4)(B)) is less than the funding target of the plan for the plan year, the sum of— (A) the target normal cost of the plan for the plan year, (B) the shortfall amortization charge (if any) for the plan for the plan year determined under subsection (c), and (C) the waiver amortization charge (if any) for the plan for the plan year as determined under subsection (e); (2) in any case in which the value of plan assets of the plan (as reduced under subsection (f)(4)(B)) equals or exceeds the funding target of the plan for the plan year, the target normal cost of the plan for the plan year reduced (but not below zero) by such excess. **(b) Target normal cost** For purposes of this section: (1) **In general** — Except as provided in subsection (i)(2) with respect to plans in at-risk status, the term “target normal cost” means, for any plan year, the excess of— (A) the sum of— (i) the present value of all benefits which are expected to accrue or to be earned under the plan during the plan year, plus (ii) the amount of plan-related expenses expected to be paid from plan assets during the plan year, over (B) the amount of mandatory employee contributions expected to be made during the plan year. (2) **Special rule for increase in compensation** — For purposes of this subsection, if any benefit attributable to services performed in a preceding plan year is increased by reason of any increase in

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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

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26 U.S.C. § 56 — Adjustments in computing alternative minimum taxable income

**(a) Adjustments applicable to all taxpayers** In determining the amount of the alternative minimum taxable income for any taxable year the following treatment shall apply (in lieu of the treatment applicable for purposes of computing the regular tax): (1) **Depreciation** (A) *In general* (i) *Property other than certain personal property* — Except as provided in clause (ii), the depreciation deduction allowable under section 167 with respect to any tangible property placed in service after December 31, 1986, shall be determined under the alternative system of section 168(g). In the case of property placed in service after December 31, 1998, the preceding sentence shall not apply but clause (ii) shall continue to apply. (ii) *150-percent declining balance method for certain property* — The method of depreciation used shall be— (I) the 150 percent declining balance method, (II) switching to the straight line method for the 1st taxable year for which using the straight line method with respect to the adjusted basis as of the beginning of the year will yield a higher allowance. The preceding sentence shall not apply to any section 1250 property (as defined in section 1250(c)) (and the straight line method shall be used for such section 1250 property) or to any other property if the depreciation deduction determined under section 168 with respect to such other property for purposes of the regular tax is determined by using the straight line method. (B) *Exception for certain property* — This paragraph shall not apply to property described in paragraph (1), (2), (3), or (4) of section 168(f), or in section 168(e)(3)(C)(iv). (C) *Coordination with transitional rules* (i) *In general* — This paragraph shall not apply to property pla

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29 U.S.C. § 1307 — Payment of premiums

**(a) Premiums payable when due; accrual; waiver or reduction** The designated payor of each plan shall pay the premiums imposed by the corporation under this subchapter with respect to that plan when they are due. Premiums under this subchapter are payable at the time, and on an estimated, advance, or other basis, as determined by the corporation. Premiums imposed by this subchapter on September 2, 1974 (applicable to that portion of any plan year during which such date occurs) are due within 30 days after such date. Premiums imposed by this subchapter on the first plan year commencing after September 2, 1974, are due within 30 days after such plan year commences. Premiums shall continue to accrue until a plan’s assets are distributed pursuant to a termination procedure, or until a trustee is appointed pursuant to [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), whichever is earlier. The corporation may waive or reduce premiums for a multiemployer plan for any plan year during which such plan receives financial assistance from the corporation under [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1431&num=0&edition=prelim), except that any amount so waived or reduced shall be treated as financial assistance under such section. **(b) Late payment charge; waiver; interest on overpayment** (1) If any basic benefit premium is not paid when it is due the corporation is authorized to assess a late payment charge of not more than 100 percent of the premium payment which was not timely paid. The preceding sentence shall not apply to any payment of premium made within 60 days after the date on which payment is due, if before such date, th

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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

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26 U.S.C. § 72 — Annuities; certain proceeds of endowment and life insurance contracts

**(a) General rules for annuities** (1) **Income inclusion** — Except as otherwise provided in this chapter, gross income includes any amount received as an annuity (whether for a period certain or during one or more lives) under an annuity, endowment, or life insurance contract. (2) **Partial annuitization** — If any amount is received as an annuity for a period of 10 years or more or during one or more lives under any portion of an annuity, endowment, or life insurance contract— (A) such portion shall be treated as a separate contract for purposes of this section, (B) for purposes of applying subsections (b), (c), and (e), the investment in the contract shall be allocated pro rata between each portion of the contract from which amounts are received as an annuity and the portion of the contract from which amounts are not received as an annuity, and (C) a separate annuity starting date under subsection (c)(4) shall be determined with respect to each portion of the contract from which amounts are received as an annuity. **(b) Exclusion ratio** (1) **In general** — Gross income does not include that part of any amount received as an annuity under an annuity, endowment, or life insurance contract which bears the same ratio to such amount as the investment in the contract (as of the annuity starting date) bears to the expected return under the contract (as of such date). (2) **Exclusion limited to investment** — The portion of any amount received as an annuity which is excluded from gross income under paragraph (1) shall not exceed the unrecovered investment in the contract immediately before the receipt of such amount. (3) **Deduction where annuity payments cease before entire investment recovered** (A) *In general* — If— (i) after the annuity starti

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29 U.S.C. § 1322 — Single-employer plan benefits guaranteed

**(a) Nonforfeitable benefits** Subject to the limitations contained in subsection (b), the corporation shall guarantee, in accordance with this section, the payment of all nonforfeitable benefits (other than benefits becoming nonforfeitable solely on account of the termination of a plan) under a single-employer plan which terminates at a time when this subchapter applies to it. **(b) Exceptions** (1) Except to the extent provided in paragraph (7)— (A) no benefits provided by a plan which has been in effect for less than 60 months at the time the plan terminates shall be guaranteed under this section, and (B) any increase in the amount of benefits under a plan resulting from a plan amendment which was made, or became effective, whichever is later, within 60 months before the date on which the plan terminates shall be disregarded. (2) For purposes of this subsection, the time a successor plan (within the meaning of [section 1321(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1321/a&num=0&edition=prelim)) has been in effect includes the time a previously established plan (within the meaning of [section 1321(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1321/a&num=0&edition=prelim)) was in effect. For purposes of determining what benefits are guaranteed under this section in the case of a plan to which [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1321&num=0&edition=prelim) does not apply on September 3, 1974, the 60-month period referred to in paragraph (1) shall be computed beginning on the first date on which such section does apply to the plan. (3) The amount of monthly benefits described in subsection (a) p

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26 U.S.C. § 404 — Deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan

**(a) General rule** If contributions are paid by an employer to or under a stock bonus, pension, profit-sharing, or annuity plan, or if compensation is paid or accrued on account of any employee under a plan deferring the receipt of such compensation, such contributions or compensation shall not be deductible under this chapter; but, if they would otherwise be deductible, they shall be deductible under this section, subject, however, to the following limitations as to the amounts deductible in any year: (1) **Pension trusts** (A) *In general* — In the taxable year when paid, if the contributions are paid into a pension trust (other than a trust to which paragraph (3) applies), and if such taxable year ends within or with a taxable year of the trust for which the trust is exempt under section 501(a), in the case of a defined benefit plan other than a multiemployer plan, in an amount determined under subsection (o), and in the case of any other plan in an amount determined as follows: (i) the amount necessary to satisfy the minimum funding standard provided by section 412(a) for plan years ending within or with such taxable year (or for any prior plan year), if such amount is greater than the amount determined under clause (ii) or (iii) (whichever is applicable with respect to the plan), (ii) the amount necessary to provide with respect to all of the employees under the trust the remaining unfunded cost of their past and current service credits distributed as a level amount, or a level percentage of compensation, over the remaining future service of each such employee, as determined under regulations prescribed by the Secretary, but if such remaining unfunded cost with respect to any 3 individuals is more than 50 percent of such remaining unfunded cost, the

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

29 U.S.C. § 1322a — Multiemployer plan benefits guaranteed

**(a) Benefits of covered plans subject to guarantee** The corporation shall guarantee, in accordance with this section, the payment of all nonforfeitable benefits (other than benefits becoming nonforfeitable solely on account of the termination of a plan) under a multiemployer plan— (1) to which this subchapter applies, and (2) which is insolvent under section 1426(b) or 1441(d)(2) of this title. **(b) Benefits or benefit increases not eligible for guarantee** (1) (A) For purposes of this section, a benefit or benefit increase which has been in effect under a plan for less than 60 months is not eligible for the corporation’s guarantee. For purposes of this paragraph, any month of any plan year during which the plan was insolvent or terminated (within the meaning of [section 1341a(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341a/a/2&num=0&edition=prelim)) shall not be taken into account. (B) For purposes of this section, a benefit or benefit increase which has been in effect under a plan for less than 60 months before the first day of the plan year for which an amendment reducing the benefit or the benefit increase is taken into account under section 1425(a)(2) 11 See References in Text note below. of this title in determining the minimum contribution requirement for the plan year under section 1423(b) 1 of this title is not eligible for the corporation’s guarantee. (2) For purposes of this section— (A) the date on which a benefit or a benefit increase under a plan is first in effect is the later of— (i) the date on which the documents establishing or increasing the benefit were executed, or (ii) the effective date of the benefit or benefit increase; (B) the period of time for which a benef

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26 U.S.C. § 401 — Qualified pension, profit-sharing, and stock bonus plans

**(a) Requirements for qualification** A trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan of an employer for the exclusive benefit of his employees or their beneficiaries shall constitute a qualified trust under this section— (1) if contributions are made to the trust by such employer, or employees, or both, or by another employer who is entitled to deduct his contributions under section 404(a)(3)(B) (relating to deduction for contributions to profit-sharing and stock bonus plans), or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section 664(g)(1)), for the purpose of distributing to such employees or their beneficiaries the corpus and income of the fund accumulated by the trust in accordance with such plan; (2) if under the trust instrument it is impossible, at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust, for any part of the corpus or income to be (within the taxable year or thereafter) used for, or diverted to, purposes other than for the exclusive benefit of his employees or their beneficiaries (but this paragraph shall not be construed, in the case of a multiemployer plan, to prohibit the return of a contribution within 6 months after the plan administrator determines that the contribution was made by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) or the trust which is part of such plan is exempt from taxation under section 501(a), or the return of any withdrawal liability payment determined to be an overpayment within 6 months of such determination)); (3) if the plan of which such trust is a part satisfies the requireme

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