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29 U.S.C. § 1415 — Transfers pursuant to change in bar-
Federal law — U.S. Code and appendices · legal_authorities
Page 724
TITLE 29—LABOR
§ 1415
1 See References in Text note below.
§ 1415. Transfers pursuant to change in bar-
gaining representative
(a) Authority to transfer from old plan to new
plan pursuant to employee participation in
another multiemployer plan after certified
change of representative
In any case in which an employer has com-
pletely or partially withdrawn from a multiem-
ployer plan (hereafter in this section referred to
as the ‘‘old plan’’) as a result of a certified
change of collective bargaining representative
occurring after September 25, 1980, if partici-
pants of the old plan who are employed by the
employer will, as a result of that change, par-
ticipate in another multiemployer plan (here-
after in this section referred to as the ‘‘new
plan’’), the old plan shall transfer assets and li-
abilities to the new plan in accordance with this
section.
(b) Notification by employer of plan sponsor of
old plan; notification by plan sponsor of old
plan of employer and plan sponsor of new
plan; appeal by new plan to prevent transfer;
further proceedings
(1) The employer shall notify the plan sponsor
of the old plan of a change in multiemployer
plan participation described in subsection (a) no
later than 30 days after the employer determines
that the change will occur.
(2) The plan sponsor of the old plan shall—
(A) notify the employer of—
(i) the amount of the employer’s with-
drawal liability determined under part 1 of
this subtitle with respect to the withdrawal,
(ii) the old plan’s intent to transfer to the
new plan the nonforfeitable benefits of the
employees who are no longer working in cov-
ered service under the old plan as a result of
the change of bargaining representative, and
(iii) the amount of assets and liabilities
which
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Page 724
TITLE 29—LABOR
§ 1415
1 See References in Text note below.
§ 1415. Transfers pursuant to change in bar-
gaining representative
(a) Authority to transfer from old plan to new
plan pursuant to employee participation in
another multiemployer plan after certified
change of representative
In any case in which an employer has com-
pletely or partially withdrawn from a multiem-
ployer plan (hereafter in this section referred to
as the ‘‘old plan’’) as a result of a certified
change of collective bargaining representative
occurring after September 25, 1980, if partici-
pants of the old plan who are employed by the
employer will, as a result of that change, par-
ticipate in another multiemployer plan (here-
after in this section referred to as the ‘‘new
plan’’), the old plan shall transfer assets and li-
abilities to the new plan in accordance with this
section.
(b) Notification by employer of plan sponsor of
old plan; notification by plan sponsor of old
plan of employer and plan sponsor of new
plan; appeal by new plan to prevent transfer;
further proceedings
(1) The employer shall notify the plan sponsor
of the old plan of a change in multiemployer
plan participation described in subsection (a) no
later than 30 days after the employer determines
that the change will occur.
(2) The plan sponsor of the old plan shall—
(A) notify the employer of—
(i) the amount of the employer’s with-
drawal liability determined under part 1 of
this subtitle with respect to the withdrawal,
(ii) the old plan’s intent to transfer to the
new plan the nonforfeitable benefits of the
employees who are no longer working in cov-
ered service under the old plan as a result of
the change of bargaining representative, and
(iii) the amount of assets and liabilities
which are to be transferred to the new plan,
and
(B) notify the plan sponsor of the new plan
of the benefits, assets, and liabilities which
will be transferred to the new plan.
(3) Within 60 days after receipt of the notice
described in paragraph (2)(B), the new plan may
file an appeal with the corporation to prevent
the transfer. The transfer shall not be made if
the corporation determines that the new plan
would suffer substantial financial harm as a re-
sult of the transfer. Upon notification described
in paragraph (2), if—
(A) the employer fails to object to the trans-
fer within 60 days after receipt of the notice
described in paragraph (2)(A), or
(B) the new plan either—
(i) fails to file such an appeal, or
(ii) the corporation, pursuant to such an
appeal, fails to find that the new plan would
suffer substantial financial harm as a result
of the transfer described in the notice under
paragraph (2)(B) within 180 days after the
date on which the appeal is filed,
then the plan sponsor of the old plan shall trans-
fer the appropriate amount of assets and liabil-
ities to the new plan.
(c) Reduction of amount of withdrawal liability
of employer upon transfer of appropriate
amount of assets and liabilities by plan spon-
sor of old plan to new plan
If the plan sponsor of the old plan transfers
the appropriate amount of assets and liabilities
under this section to the new plan, then the
amount of the employer’s withdrawal liability
(as determined under section 1381(b) of this title
without regard to such transfer and this section)
with respect to the old plan shall be reduced by
the amount by which—
(1) the value of the unfunded vested benefits
allocable to the employer which were trans-
ferred by the plan sponsor of the old plan to
the new plan, exceeds
(2) the value of the assets transferred.
(d) Escrow payments by employer upon complete
or partial withdrawal and prior to transfer
In any case in which there is a complete or
partial withdrawal described in subsection (a),
if—
(1) the new plan files an appeal with the cor-
poration under subsection (b)(3), and
(2) the employer is required by section 1399
of this title to begin making payments of
withdrawal liability before the earlier of—
(A) the date on which the corporation finds
that the new plan would not suffer substan-
tial financial harm as a result of the trans-
fer, or
(B) the last day of the 180-day period be-
ginning on the date on which the new plan
files its appeal,
then the employer shall make such payments
into an escrow held by a bank or similar finan-
cial institution satisfactory to the old plan. If
the transfer is made, the amounts paid into the
escrow shall be returned to the employer. If the
transfer is not made, the amounts paid into the
escrow shall be paid to the old plan and credited
against the employer’s withdrawal liability.
(e) Prohibition on transfer of assets to new plan
by plan sponsor of old plan; exemptions
(1) Notwithstanding subsection (b), the plan
sponsor shall not transfer any assets to the new
plan if—
(A) the old plan is in reorganization (within
the meaning of section 1421(a) 1 of this title),
or
(B) the transfer of assets would cause the old
plan to go into reorganization (within the
meaning of section 1421(a) 1 of this title).
(2) In any case in which a transfer of assets
from the old plan to the new plan is prohibited
by paragraph (1), the plan sponsor of the old
plan shall transfer—
(A) all nonforfeitable benefits described in
subsection (b)(2), if the value of such benefits
does not exceed the withdrawal liability of the
employer with respect to such withdrawal, or
(B) such nonforfeitable benefits having a
value equal to the withdrawal liability of the
employer, if the value of such benefits exceeds
the withdrawal liability of the employer.
Page 725
TITLE 29—LABOR
§ 1426
(f) Agreement between plan sponsors of old plan
and new plan to transfer in compliance with
other statutory provisions; reduction of with-
drawal liability of employer from old plan;
amount of withdrawal liability of employer
to new plan
(1) Notwithstanding subsections (b) and (e),
the plan sponsors of the old plan and the new
plan may agree to a transfer of assets and liabil-
ities that complies with sections 1411 and 1414 of
this title, rather than this section, except that
the employer’s liability with respect to the
withdrawal from the old plan shall be reduced
under subsection (c) as if assets and liabilities
had been transferred in accordance with this
section.
(2) If the employer withdraws from the new
plan within 240 months after the effective date
of a transfer of assets and liabilities described in
this section, the amount of the employer’s with-
drawal liability to the new plan shall be the
greater of—
(A) the employer’s withdrawal liability de-
termined under part 1 of this subtitle with re-
spect to the new plan, or
(B) the amount by which the employer’s
withdrawal liability to the old plan was re-
duced under subsection (c), reduced by 5 per-
cent for each 12-month period following the ef-
fective date of the transfer and ending before
the date of the withdrawal from the new plan.
(g) Definitions
For purposes of this section—
(1) ‘‘appropriate amount of assets’’ means
the amount by which the value of the non-
forfeitable benefits to be transferred exceeds
the amount of the employer’s withdrawal li-
ability to the old plan (determined under part
1 of this subtitle without regard to section
1391(e) of this title), and
(2) ‘‘certified change of collective bargaining
representative’’ means a change of collective
bargaining representative certified under the
Labor-Management Relations Act, 1947 [29
U.S.C. 141 et seq.], or the Railway Labor Act
[45 U.S.C. 151 et seq.].
(Pub. L. 93–406, title IV, § 4235, as added Pub. L.
96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1247;
amended Pub. L. 98–369, div. A, title V,
§ 558(b)(1)(A), July 18, 1984, 98 Stat. 899.)
Editorial Notes
REFERENCES IN TEXT
Section 1421 of this title, referred to in subsec. (e)(1),
was repealed by Pub. L. 113–235, div. O, title I,
§ 108(a)(1), Dec. 16, 2014, 128 Stat. 2786.
The Labor-Management Relations Act, 1947, referred
to in subsec. (g)(2), is act June 23, 1947, ch. 120, 61 Stat.
136, which is classified principally to chapter 7 (§ 141 et
seq.) of this title. For complete classification of this
Act to the Code, see section 141 of this title and Tables.
The Railway Labor Act, referred to in subsec. (g)(2),
is act May 20, 1926, ch. 347, 44 Stat. 577, which is classi-
fied principally to chapter 8 (§ 151 et seq.) of Title 45,
Railroads. For complete classification of this Act to
the Code, see section 151 of Title 45 and Tables.
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–369 substituted ‘‘Sep-
tember 25, 1980’’ for ‘‘April 28, 1980’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Sept. 26, 1980, see section 1461(e)(4)
of this title.
PART 3—INSOLVENT PLANS
Editorial Notes
CODIFICATION
Pub. L. 113–235, div. O, title I, § 108(a)(3)(C), Dec. 16,
2014, 128 Stat. 2787, which directed amendment of part
3 of subtitle D of title IV of the Employee Retirement
Income Security Act of 1974 by striking the heading
and inserting ‘‘insolvent plans’’, was executed in this
part, which is part 3 of subtitle E of title IV of the Act,
to reflect the probable intent of Congress.
§§ 1421 to 1425. Repealed. Pub. L. 113–235, div. O,
title I, § 108(a)(1), Dec. 16, 2014, 128 Stat. 2786
Section 1421, Pub. L. 93–406, title IV, § 4241, as added
Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat.
1249; amended Pub. L. 101–239, title VII, § 7891(a)(1), Dec.
19, 1989, 103 Stat. 2445, related to reorganization status.
Section 1422, Pub. L. 93–406, title IV, § 4242, as added
Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat.
1251, related to notice of reorganization and funding re-
quirements.
Section 1423, Pub. L. 93–406, title IV, § 4243, as added
Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat.
1252; amended Pub. L. 101–239, title VII, § 7891(a)(1), Dec.
19, 1989, 103 Stat. 2445; Pub. L. 109–280, title I,
§ 108(b)(6)–(9), formerly § 107(b)(6)–(9), Aug. 17, 2006, 120
Stat. 820, renumbered Pub. L. 111–192, title II, § 202(a),
June 25, 2010, 124 Stat. 1297, related to minimum con-
tribution requirement.
Section 1424, Pub. L. 93–406, title IV, § 4244, as added
Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat.
1255, related to overburden credit against minimum
contribution requirement.
Section 1425, Pub. L. 93–406, title IV, § 4244A, as added
Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat.
1257; amended Pub. L. 101–239, title VII, § 7891(a)(1), Dec.
19, 1989, 103 Stat. 2445, related to adjustments in ac-
crued benefits.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal applicable with respect to plan years begin-
ning after Dec. 31, 2014, see section 108(c) of div. O of
Pub. L. 113–235, set out as a note under section 418 of
Title 26, Internal Revenue Code.
§ 1426. Insolvent plans
(a) Suspension of payments of benefits; condi-
tions, amount, etc.
Notwithstanding sections 1053 and 1054 of this
title, in any case in which benefit payments
under an insolvent multiemployer plan exceed
the resource benefit level, any such payments of
benefits which are not basic benefits shall be
suspended, in accordance with this section, to
the extent necessary to reduce the sum of such
payments and the payments of such basic bene-
fits to the greater of the resource benefit level
or the level of basic benefits, unless an alter-
native procedure is prescribed by the corpora-
tion under section 1322a(g)(5) of this title.
(b) Determination of insolvency status for plan
year; definitions
For purposes of this section, for a plan year—
(1) a multiemployer plan is insolvent if the
plan’s available resources are not sufficient to
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)** This chapter may be cited as the “Labor Management Relations Act, 1947”.
**(b)** Industrial strife which interferes with the normal flow of commerce and with the full production of articles and commodities for commerce, can be avoided or substantially minimized if employers, employees, and labor organizations each recognize under law one another’s legitimate rights in their relations with each other, and above all recognize under law that neither party has any right in its relations with any other to engage in acts or practices which jeopardize the public health, safety, or interest.It is the purpose and policy of this chapter, in order to promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations whose activities affect commerce, to define and proscribe practices on the part of labor and management which affect commerce and are inimical to the general welfare, and to protect the rights of the public in connection with labor disputes affecting commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 141
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Federal law — U.S. Code and appendices · legal_authorities
Page 34
TITLE 29—LABOR
§ 141
Sec.
152.
Definitions.
153.
National Labor Relations Board.
154.
National Labor Relations Board; eligibility
for reappointment; officers and employees;
payment of expenses.
155.
National Labor Relations Board; principal of-
fice, conducting inquiries throughout coun-
try; participation in decisions or inquiries
conducted by member.
156.
Rules and regulations.
157.
Right of employees as to organization, collec-
tive bargaining, etc.
158.
Unfair labor practices.
158a.
Providing facilities for operations of Federal
Credit Unions.
159.
Representatives and elections.
160.
Prevention of unfair labor practices.
161.
Investigatory powers of Board.
162.
Offenses and penalties.
163.
Right to strike preserved.
164.
Construction of provisions.
165.
Conflict of laws.
166.
Separability.
167.
Short title of subchapter.
168.
Validation of certificates and other Board ac-
tions.
169.
Employees with religious convictions; pay-
ment of dues and fees.
SUBCHAPTER III—CONCILIATION OF LABOR
DISPUTES; NATIONAL EMERGENCIES
171.
Declaration of purpose and policy.
172.
Federal Mediation and Conciliation Service.
173.
Functions of Service.
174.
Co-equal obligations of employees, their rep-
resentatives, and management to minimize
labor disputes.
175.
National Labor-Management Panel; creation
and composition; appointment, tenure, and
compensation; duties.
175a.
Assistance to plant, area, and industrywide
labor management committees.
176.
National emergencies; appointment of board
of inquiry by President; report; contents;
filing with Service.
177.
Board of inquiry.
178.
Injunctions during national emergency.
179.
Injunctions during national emergency; ad-
justment efforts by parties during injunc-
tio
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 141
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to transfer from old plan to new plan pursuant to employee participation in another multiemployer plan after certified change of representative** In any case in which an employer has completely or partially withdrawn from a multiemployer plan (hereafter in this section referred to as the “old plan”) as a result of a certified change of collective bargaining representative occurring after September 25, 1980, if participants of the old plan who are employed by the employer will, as a result of that change, participate in another multiemployer plan (hereafter in this section referred to as the “new plan”), the old plan shall transfer assets and liabilities to the new plan in accordance with this section.
**(b) Notification by employer of plan sponsor of old plan; notification by plan sponsor of old plan of employer and plan sponsor of new plan; appeal by new plan to prevent transfer; further proceedings**
(1) The employer shall notify the plan sponsor of the old plan of a change in multiemployer plan participation described in subsection (a) no later than 30 days after the employer determines that the change will occur.
(2) The plan sponsor of the old plan shall—
(A) notify the employer of—
(i) the amount of the employer’s withdrawal liability determined under part 1 of this subtitle with respect to the withdrawal,
(ii) the old plan’s intent to transfer to the new plan the nonforfeitable benefits of the employees who are no longer working in covered service under the old plan as a result of the change of bargaining representative, and
(iii) the amount of assets and liabilities which are to be transferred to the new plan, and
(B) notify the plan sponsor of the new plan of the benefits, assets, and liabilities which will be transferred
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1415
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter and for the purposes of this chapter—
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
Page 8
TITLE 45—RAILROADS
§ 126
1 So in original.
Section 124, act July 15, 1913, ch. 6, § 11, 38 Stat. 108,
related to constitution of United States Board of Medi-
ation and Conciliation. See section 151 et seq. of this
title.
Section 125, act July 15, 1913, ch. 6, § 11, 38 Stat. 108,
related to repeal of certain prior law.
§ 126. Repealed. Pub. L. 103–272, § 7(b), July 5,
1994, 108 Stat. 1379
Section, act Dec. 15, 1921, ch. 1, § 1, 42 Stat. 328, abol-
ished offices of Commissioner and Assistant Commis-
sioner of Mediation and Conciliation.
CHAPTER 7—ADJUSTMENT BOARDS AND
LABOR BOARDS
§§ 131 to 146. Repealed. May 20, 1926, ch. 347, § 14,
44 Stat. 587
Section 131, act Feb. 28, 1920, ch. 91, § 300, 41 Stat. 469,
defined terms for purposes of this chapter. See section
151 et seq. of this title.
Section 132, act Feb. 28, 1920, ch. 91, § 301, 41 Stat. 469,
related to disputes between carriers and their officers,
agents, and employees. See section 151 et seq. of this
title.
Section 133, act Feb. 28, 1920, ch. 91, § 302, 41 Stat. 469,
related to establishment of railroad boards of labor ad-
justment. See section 151 et seq. of this title.
Section 134, act Feb. 28, 1920, ch. 91, § 303, 41 Stat. 469,
related to duty of boards to hear and decide disputes.
See section 151 et seq. of this title.
Section 135, act Feb. 28, 1920, ch. 91, § 304, 41 Stat. 470,
related to establishment and composition of Railroad
Labor Board. See section 151 et seq. of this title.
Section 136, act Feb. 28, 1920, ch. 91, § 305, 41 Stat. 470,
related to selection of members of board by President.
See section 151 et seq. of this title.
Section 137, act Feb. 28, 1920, ch. 91, § 306, 41 Stat. 470,
related to effect of subsequent ineligibility of certain
members. See section 151
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 151
Stored review status: historical_2024_not_currentness_verified. The source passage cites 45 U.S.C. § 151. This identifies an authority to review, not proof of applicability.