Browse Arkansas Code titles and sections
29 U.S.C. § 1341a — Termination of multiemployer plans
Federal law — U.S. Code and appendices · legal_authorities
**(a) Determinative factors** Termination of a multiemployer plan under this section occurs as a result of—
(1) the adoption after September 26, 1980, of a plan amendment which provides that participants will receive no credit for any purpose under the plan for service with any employer after the date specified by such amendment;
(2) the withdrawal of every employer from the plan, within the meaning of [section 1383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1383&num=0&edition=prelim), or the cessation of the obligation of all employers to contribute under the plan; or
(3) the adoption of an amendment to the plan which causes the plan to become a plan described in [section 1321(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1321/b/1&num=0&edition=prelim).
**(b) Date of termination**
(1) The date on which a plan terminates under paragraph (1) or (3) of subsection (a) is the later of—
(A) the date on which the amendment is adopted, or
(B) the date on which the amendment takes effect.
(2) The date on which a plan terminates under paragraph (2) of subsection (a) is the earlier of—
(A) the date on which the last employer withdraws, or
(B) the first day of the first plan year for which no employer contributions were required under the plan.
**(c) Duties of plan sponsor of amended plan** Except as provided in subsection (f)(1), the plan sponsor of a plan which terminates under paragraph (2) of subsection (a) shall—
(1) limit the payment of benefits to benefits which are nonforfeitable under the plan as of the date of the termination, and
(2) pay benefits attributable to employer contributions, other than death benefits, only in the form of an annuity, unless t
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1341a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 8188a84ded666dd7574e19a34ee7652d6448d58150a33d8cede066fb07be363d. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_dd5082f673466f13e632cd79
Source file: Laws/federal/codes/united-states-code/title-29/section-1341a-termination-of-multiemployer-plans--e4822a3fd4.md
Pages: Not recorded – Not recorded
Passage SHA-256: 9175f0f0ad881deec98b4220d9946fed218f56f1818608b7d09d4130667ecf84
Source location: Title 29, Chapter 18, § 1341a; chapter-018-employee-retirement-income-security-program.md
Stored source content
**(a) Determinative factors** Termination of a multiemployer plan under this section occurs as a result of—
(1) the adoption after September 26, 1980, of a plan amendment which provides that participants will receive no credit for any purpose under the plan for service with any employer after the date specified by such amendment;
(2) the withdrawal of every employer from the plan, within the meaning of [section 1383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1383&num=0&edition=prelim), or the cessation of the obligation of all employers to contribute under the plan; or
(3) the adoption of an amendment to the plan which causes the plan to become a plan described in [section 1321(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1321/b/1&num=0&edition=prelim).
**(b) Date of termination**
(1) The date on which a plan terminates under paragraph (1) or (3) of subsection (a) is the later of—
(A) the date on which the amendment is adopted, or
(B) the date on which the amendment takes effect.
(2) The date on which a plan terminates under paragraph (2) of subsection (a) is the earlier of—
(A) the date on which the last employer withdraws, or
(B) the first day of the first plan year for which no employer contributions were required under the plan.
**(c) Duties of plan sponsor of amended plan** Except as provided in subsection (f)(1), the plan sponsor of a plan which terminates under paragraph (2) of subsection (a) shall—
(1) limit the payment of benefits to benefits which are nonforfeitable under the plan as of the date of the termination, and
(2) pay benefits attributable to employer contributions, other than death benefits, only in the form of an annuity, unless the plan assets are distributed in full satisfaction of all nonforfeitable benefits under the plan.
**(d) Duties of plan sponsor of nonoperative plan** The plan sponsor of a plan which terminates under paragraph (2) of subsection (a) shall reduce benefits and suspend benefit payments in accordance with [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1441&num=0&edition=prelim).
**(e) Amount of contribution of employer under amended plan for each plan year subsequent to plan termination date** In the case of a plan which terminates under paragraph (1) or (3) of subsection (a), the rate of an employer’s contributions under the plan for each plan year beginning on or after the plan termination date shall equal or exceed the highest rate of employer contributions at which the employer had an obligation to contribute under the plan in the 5 preceding plan years ending on or before the plan termination date, unless the corporation approves a reduction in the rate based on a finding that the plan is or soon will be fully funded.
**(f) Payment of benefits; reporting requirements for terminated plans and rules and standards for administration of such plans**
(1) The plan sponsor of a terminated plan may authorize the payment other than in the form of an annuity of a participant’s entire nonforfeitable benefit attributable to employer contributions, other than a death benefit, if the value of the entire nonforfeitable benefit does not exceed $1,750. The corporation may authorize the payment of benefits under the terms of a terminated plan other than nonforfeitable benefits, or the payment other than in the form of an annuity of benefits having a value greater than $1,750, if the corporation determines that such payment is not adverse to the interest of the plan’s participants and beneficiaries generally and does not unreasonably increase the corporation’s risk of loss with respect to the plan.
(2) The corporation may prescribe reporting requirements for terminated plans, and rules and standards for the administration of such plans, which the corporation considers appropriate to protect the interests of plan participants and beneficiaries or to prevent unreasonable loss to the corporation.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Determinative factors** For purposes of this part, a complete withdrawal from a multiemployer plan occurs when an employer—
(1) permanently ceases to have an obligation to contribute under the plan, or
(2) permanently ceases all covered operations under the plan.
**(b) Building and construction industry**
(1) Notwithstanding subsection (a), in the case of an employer that has an obligation to contribute under a plan for work performed in the building and construction industry, a complete withdrawal occurs only as described in paragraph (2), if—
(A) substantially all the employees with respect to whom the employer has an obligation to contribute under the plan perform work in the building and construction industry, and
(B) the plan—
(i) primarily covers employees in the building and construction industry, or
(ii) is amended to provide that this subsection applies to employers described in this paragraph.
(2) A withdrawal occurs under this paragraph if—
(A) an employer ceases to have an obligation to contribute under the plan, and
(B) the employer—
(i) continues to perform work in the jurisdiction of the collective bargaining agreement of the type for which contributions were previously required, or
(ii) resumes such work within 5 years after the date on which the obligation to contribute under the plan ceases, and does not renew the obligation at the time of the resumption.
(3) In the case of a plan terminated by mass withdrawal (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)), paragraph (2) shall be applied by substituting “3 years” for “5 years” in subparagraph (B)(ii).
**(c) Entertainment industry**
(1) No
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1383
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Amendment of plan by plan sponsor to reduce benefits, and suspension of benefit payments** Notwithstanding sections 1053 and 1054 of this title, the plan sponsor of a terminated multiemployer plan to which [section 1341a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341a/d&num=0&edition=prelim) applies shall amend the plan to reduce benefits, and shall suspend benefit payments, as required by this section.
**(b) Determinations respecting value of nonforfeitable benefits under terminated plan and value of assets of plan**
(1) The value of nonforfeitable benefits under a terminated plan referred to in subsection (a), and the value of the plan’s assets, shall be determined in writing, in accordance with regulations prescribed by the corporation, as of the end of the plan year during which [section 1341a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341a/d&num=0&edition=prelim) becomes applicable to the plan, and each plan year thereafter.
(2) For purposes of this section, plan assets include outstanding claims for withdrawal liability (within the meaning of [section 1301(a)(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1301/a/12&num=0&edition=prelim)).
**(c) Amendment of plan by plan sponsor to reduce benefits for conservation of assets; factors applicable**
(1) If, according to the determination made under subsection (b), the value of nonforfeitable benefits exceeds the value of the plan’s assets, the plan sponsor shall amend the plan to reduce benefits under the plan to the extent necessary to ensure that the plan’s assets are sufficient, as determined and certified in accordance with regulations prescribed by the c
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1441
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this subchapter the termination date of a single-employer plan is—
(1) in the case of a plan terminated in a standard termination in accordance with the provisions of [section 1341(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/b&num=0&edition=prelim), the termination date proposed in the notice provided under [section 1341(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/a/2&num=0&edition=prelim),
(2) in the case of a plan terminated in a distress termination in accordance with the provisions of [section 1341(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/c&num=0&edition=prelim), the date established by the plan administrator and agreed to by the corporation,
(3) in the case of a plan terminated in accordance with the provisions of [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), the date established by the corporation and agreed to by the plan administrator, or
(4) in the case of a plan terminated under section 1341(c) or 1342 of this title in any case in which no agreement is reached between the plan administrator and the corporation (or the trustee), the date established by the court.
**(b)** For purposes of this subchapter, the date of termination of a multiemployer plan is—
(1) in the case of a plan terminated in accordance with the provisions of [section 1341a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341a&num=0&edition=prelim), the date determined under subsection (b) of that section; or
(2) in the case of a plan terminated in accordance with the
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1348
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule**
(1) **Payment to the corporation** — A plan administrator satisfies [section 1341(b)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/b/3/A&num=0&edition=prelim) in the case of a missing participant only if the plan administrator—
(A) transfers the participant’s designated benefit to the corporation or purchases an irrevocable commitment from an insurer in accordance with clause (i) of [section 1341(b)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/b/3/A&num=0&edition=prelim), and
(B) provides the corporation such information and certifications with respect to such designated benefits or irrevocable commitments as the corporation shall specify.
(2) **Treatment of transferred assets** — A transfer to the corporation under this section shall be treated as a transfer of assets from a terminated plan to the corporation as trustee, and shall be held with assets of terminated plans for which the corporation is trustee under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1342&num=0&edition=prelim), subject to the rules set forth in that section.
(3) **Payment by the corporation** — After a missing participant whose designated benefit was transferred to the corporation is located—
(A) in any case in which the plan could have distributed the benefit of the missing participant in a single sum without participant or spousal consent under [section 1055(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1055/g&num=0&edition=prelim), the corporation shall pay the participant or beneficiary a single sum benefit equal to the designated benefit paid
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1350
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 671
TITLE 29—LABOR
§ 1341a
the notification described in subparagraph (A)(i)
and with respect to which a notice of sufficiency
has been issued by the Corporation before the
date of the enactment of this Act, clause (i)(I)
shall apply, except that the 90-day period referred
to in clause (i)(I) shall begin on the date of the
enactment of this Act.
‘‘(C) TERMINATIONS PROCEEDING AS DISTRESS TER-
MINATION.—In the case of a plan termination de-
scribed in paragraph (1) with respect to which the
Corporation has been provided the notification de-
scribed in subparagraph (A)(ii), if the requirements
of section 4041(c)(2)(B) of such Act (as amended by
this title) are met, the termination shall be treated
as a distress termination under section 4041(c) of
such Act (as amended by this title).
‘‘(D) TERMINATION OF PROCEEDINGS BY PLAN ADMIN-
ISTRATOR.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), in the case of a plan termination described in
paragraph (1) with respect to which the Corpora-
tion has been provided the notification described
in subparagraph (A)(iii), the termination shall
not take effect.
‘‘(ii) TERMINATIONS
WITH
RESPECT
TO
WHICH
FINAL DISTRIBUTION OF ASSETS HAS COMMENCED.—
Clause (i) shall not apply with respect to a termi-
nation with respect to which the final distribu-
tion of assets has commenced before the date of
the enactment of this Act unless, within 90 days
after the date of the enactment of this Act, the
plan has been restored in accordance with proce-
dures issued by the Corporation pursuant to sub-
section (c).
‘‘(E) AUTHORITY OF CORPORATION TO EXTEND 90-DAY
PERIODS
TO
PERMIT
STANDARD
TERMINATION.—The
Corporation may, on a case-by-case basis in accord-
ance with subsection (c), provide for extensions of
the applicab
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1341a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.