29 U.S.C. § 1061 — Effective dates

Page 446 TITLE 29—LABOR § 1061 1 See References in Text note below. known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Section 104 of the Pension Protection Act of 2006, re- ferred to in subsec. (f)(1)(A), (3)(B), is section 104 of Pub. L. 109–280, which is set out as a note under section 401 of Title 26, Internal Revenue Code. The Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, referred to in subsec. (f)(3)(B), is Pub. L. 111–192, June 25, 2010, 124 Stat. 1280. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 1001 of this title and Tables. AMENDMENTS 2020—Subsec. (f)(1)(D). Pub. L. 116–136 added subpar. (D). 2014—Subsec. (f). Pub. L. 113–97, § 101, added subsec. (f). Subsec. (f)(1)(C). Pub. L. 113–235, § 3(a)(1), added sub- par. (C). Subsec. (f)(2). Pub. L. 113–235, § 3(a)(2), substituted ‘‘subparagraph (B) and (C) of paragraph (1)’’ for ‘‘para- graph (1)(B)’’. Subsec. (f)(3). Pub. L. 113–97, § 103(a), added par. (3). 2008—Subsec. (e)(1). Pub. L. 110–458, § 109(c)(2)(A), in- serted at end ‘‘In the case of a termination of the de- fined benefit plan and the applicable defined contribu- tion plan forming part of an eligible combined plan, the plan administrator shall terminate each such plan sep- arately.’’ Subsec. (e)(3) to (6). Pub. L. 110–458, § 109(c)(2)(B), struck out par. (3) and redesignated pars. (4) to (6) as (3) to (5), respectively. Former par. (3) related to non- discrimination requirements for qualified cash or de- ferred arrangement. 2006—Pub. L. 109–280, § 903(b)(2)(A), inserted ‘‘and other special rules’’ after ‘‘plans’’ in section catchline. Subsec. (e). Pub. L. 109–280, § 903(b)(1), added subsec. (e). 1989—Subsec. (c). Pub. L. 101–239, § 7894(c)(10), sub- stituted ‘‘and (e)(3)(C) of such Code’’ for ‘‘and (e)(3)(C) of such code’’, which for purposes of codification was translated as ‘‘and (e)(3)(C) of title 26’’ thus requiring no change in text. Pub. L. 101–239, § 7891(a)(1), substituted ‘‘Internal Rev- enue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–136 applicable to plan years beginning after Dec. 31, 2018, see section 3609(c) of Pub. L. 116–136, set out as a note under section 414 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 2014 AMENDMENT Amendments by Pub. L. 113–235 effective as if in- cluded in the amendments made by the Cooperative and Small Employer Charity Pension Flexibility Act, Pub. L. 113–97, see section 3(c) of Pub. L. 113–235, set out as a note under section 414 of Title 26, Internal Revenue Code. Amendment by section 101 of Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code. Pub. L. 113–97, title I, § 103(d), Apr. 7, 2014, 128 Stat. 1120, provided that: ‘‘The amendments made by this section [amending this section and provisions set out as a note under section 401 of Title 26, Internal Revenue Code] shall apply as of the date of enactment of this Act [Apr. 7, 2014].’’ EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–458 effective as if included in the provisions of Pub. L. 109–280 to which the amend- ment relates, except as otherwise provided, see section 112 of Pub. L. 110–458, set out as a note under section 72 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable to plan years beginning after Dec. 31, 2009, see section 903(c) of Pub. L. 109–280, set out as a note under section 414 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 7891(a)(1) of Pub. L. 101–239 ef- fective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Amendment by section 7894(c)(10) of Pub. L. 101–239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Pub. L. 93–406, to which such amendment relates, see section 7894(i) of Pub. L. 101–239, set out as a note under section 1002 of this title. REGULATIONS Secretary authorized, effective Sept. 2, 1974, to pro- mulgate regulations wherever provisions of this sub- chapter call for the promulgation of regulations, see section 1031 of this title. § 1061. Effective dates (a) Except as otherwise provided in this sec- tion, this part shall apply in the case of plan years beginning after September 2, 1974. (b)(1) Except as otherwise provided in sub- section (d), sections 1055, 1056(d) and 1058 of this title shall apply with respect to plan years be- ginning after December 31, 1975. (2) Except as otherwise provided in subsections (c) and (d) in the case of a plan in existence on January 1, 1974, this part shall apply in the case of plan years beginning after December 31, 1975. (c)(1) In the case of a plan maintained on Jan- uary 1, 1974, pursuant to one or more agreements which the Secretary finds to be collective bar- gaining agreements between employee organiza- tions and one or more employers, no plan shall be treated as not meeting the requirements of sections 1054 and 1055 of this title by reason of a supplementary or special plan provision (within the meaning of paragraph (2)) for any plan year before the year which begins after the earlier of— (A) the date on which the last of such agree- ments relating to the plan terminates (deter- mined without regard to any extension thereof agreed to after September 2, 1974), or (B) December 31, 1980. For purposes of subparagraph (A) and section 1086(c) 1 of this title, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan sole- ly to conform to any requirement contained in this chapter or title 26 shall not be treated as a termination of such collective bargaining agree- ment. This paragraph shall not apply unless the Secretary determines that the participation and vesting rules in effect on September 2, 1974, are not less favorable to participants, in the aggre- Page 447 TITLE 29—LABOR § 1081 gate, than the rules provided under sections 1052, 1053, and 1054 of this title. (2) For purposes of paragraph (1), the term ‘‘supplementary or special plan provision’’ means any plan provision which— (A) provides supplementary benefits, not in excess of one-third of the basic benefit, in the form of an annuity for the life of the partici- pant, or (B) provides that, under a contractual agree- ment based on medical evidence as to the ef- fects of working in an adverse environment for an extended period of time, a participant hav- ing 25 years of service is to be treated as hav- ing 30 years of service. (3) This subsection shall apply with respect to a plan if (and only if) the application of this sub- section results in a later effective date for this part than the effective date required by sub- section (b). (d) If the administrator of a plan elects under section 1017(d) of this Act to make applicable to a plan year and to all subsequent plan years the provisions of title 26 relating to participation, vesting, funding, and form of benefit, this part shall apply to the first plan year to which such election applies and to all subsequent plan years. (e)(1) No pension plan to which section 1052 of this title applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 1052 of this title first becomes ef- fective with respect to such plan) which provides that any employee’s participation in the plan would commence at any date later than the later of— (A) the date on which his participation would commence under the break in service rules of section 1052(b) of this title, or (B) the date on which his participation would commence under the plan as in effect on January 1, 1974. (2) No pension plan to which section 1053 of this title applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 1053 of this title first becomes ef- fective with respect to such plan) if such amend- ment provides that the nonforfeitable benefit derived from employer contributions to which any employee would be entitled is less than the lesser of the nonforfeitable benefit derived from employer contributions to which he would be en- titled under— (A) the break in service rules of section 1052(b)(3) of this title, or (B) the plan as in effect on January 1, 1974. Subparagraph (B) shall not apply if the break in service rules under the plan would have been in violation of any law or rule of law in effect on January 1, 1974. (f) The preceding provisions of this section shall not apply with respect to amendments made to this part in provisions enacted after September 2, 1974. (Pub. L. 93–406, title I, § 211, Sept. 2, 1974, 88 Stat. 867; Pub. L. 99–272, title XI, § 11015(a)(1)(B), Apr. 7, 1986, 100 Stat. 265; Pub. L. 101–239, title VII, §§ 7891(a)(1), 7894(h)(2), Dec. 19, 1989, 103 Stat. 2445, 2451.) Editorial Notes REFERENCES IN TEXT Section 1086(c) of this title, referred to in subsec. (c)(1), was in the original ‘‘section 307(c)’’, meaning sec- tion 307(c) of Pub. L. 93–406, the Employee Retirement Income Security Act of 1974. Section 307(c) was renum- bered section 308(c) by Pub. L. 100–203, title IX, § 9341(b)(1), Dec. 22, 1987, 101 Stat. 1330–370 and subse- quently was repealed by Pub. L. 109–280, title I, § 101(a), Aug. 17, 2006, 120 Stat. 784. This chapter, referred to in subsec. (c)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Section 1017(d) of this Act, referred to in subsec. (d), is section 1017 of Pub. L. 93–406, which is set out as an Effective Date; Transitional Rules note under section 410 of Title 26. AMENDMENTS 1989—Subsecs. (c)(1), (d). Pub. L. 101–239, § 7891(a)(1), substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Inter- nal Revenue Code of 1954’’, which for purposes of codi- fication was translated as ‘‘title 26’’. Subsec. (f). Pub. L. 101–239, § 7894(h)(2), added subsec. (f). 1986—Subsec. (c)(1). Pub. L. 99–272 made a technical amendment to the reference to section 1086(c) of this title to reflect the renumbering of the corresponding section of the original act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 7891(a)(1) of Pub. L. 101–239 ef- fective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. Amendment by section 7894(h)(2) of Pub. L. 101–239 ef- fective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Pub. L. 93–406, to which such amendment relates, see section 7894(i) of Pub. L. 101–239, set out as a note under section 1002 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–272 applicable with respect to applications for waivers, extensions, and modifica- tions filed on or after Apr. 7, 1986, see section 11015(a)(3) of Pub. L. 99–272, set out as an Effective Date note under section 412 of Title 26, Internal Revenue Code. PART 3—FUNDING § 1081. Coverage (a) Plans excepted from applicability of this part This part shall apply to any employee pension benefit plan described in section 1003(a) of this title, (and not exempted under section 1003(b) of this title), other than— (1) an employee welfare benefit plan; (2) an insurance contract plan described in subsection (b); (3) a plan which is unfunded and is main- tained by an employer primarily for the pur- pose of providing deferred compensation for a