§ 1364. Liability on termination of single-employer plans under multiple controlled groups
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/usc/title-29/section-1364A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)This section applies to all contributing sponsors of a single-employer plan which has two or more contributing sponsors at least two of whom are not under common control at the time such plan is terminated under section 1341(c) or 1342 of this title, or who, at any time within the 5 plan years preceding the date of termination, made contributions under the plan.
(b)The corporation shall determine the liability with respect to each contributing sponsor and each member of its controlled group in a manner consistent with section 1362 of this title, except that the amount of liability determined under section 1362(b)(1) of this title with respect to the entire plan shall be allocated to each controlled group by multiplying such amount by a fraction—
(1)the numerator of which is the amount required to be contributed to the plan for the last 5 plan years ending prior to the termination date by persons in such controlled group as contributing sponsors, and
(2)the denominator of which is the total amount required to be contributed to the plan for such last 5 plan years by all persons as contributing sponsors,
and section 1368(a) of this title shall be applied separately with respect to each controlled group. The corporation may also determine the liability of each such contributing sponsor and member of its controlled group on any other equitable basis prescribed by the corporation in regulations.
(Pub. L. 93–406, title IV, § 4064, Sept. 2, 1974, 88 Stat. 1031; Pub. L. 96–364, title IV, § 403(i), Sept. 26, 1980, 94 Stat. 1301; Pub. L. 99–272, title XI, § 11016(a)(5)(B), Apr. 7, 1986, 100 Stat. 270; Pub. L. 100–203, title IX, § 9312(b)(2)(C)(i), Dec. 22, 1987, 101 Stat. 1330–361; Pub. L. 101–239, title VII, § 7881(f)(3)(A), Dec. 19, 1989, 103 Stat. 2440.)
Connections10 cite this · traces to 7
Cited by 10 sections · top 7
statutes-at-large
- Public Law 93–406
- Private Law 99–22For the relief of Audrey O
- Public Law 99–272To provide for reconciliation pursuant to section 2 of the first concurrent resolution on the budget for fiscal year 1986 (S
- Public Law 101–239To provide for reconciliation pursuant to section 5 of the concurrent resolution on the budget for the fiscal year 1990
- Public Law 96–364To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1954 to improve retirement income security under private multiemployer pension plans by strengthening the funding requirements for those plans, to authorize plan preservation measures for financially troubl
Traces to 7 documents
U.S. Code
- Liability for termination of single-employer plans under a distress termination or a termination by corporation§ 1362
- Lien for liability§ 1368
- Qualified pension, profit-sharing, and stock bonus plans§ 401
- Termination of single-employer plans§ 1341
- Institution of termination proceedings by the corporation§ 1342
- Definitions§ 1301
- Effective date; special rules§ 1461
20 references not yet in our index
- Pub. L. 93–406, title IV, § 4064
- 88 Stat. 1031
- Pub. L. 96–364, title IV, § 403(i)
- 94 Stat. 1301
- Pub. L. 99–272, title XI, § 11016(a)(5)(B)
- 100 Stat. 270
- Pub. L. 100–203, title IX, § 9312(b)(2)(C)(i)
- 101 Stat. 1330–361
- Pub. L. 101–239, title VII, § 7881(f)(3)(A)
- 103 Stat. 2440
- Pub. L. 101–239
- Pub. L. 100–203
- Pub. L. 99–272, § 11016(a)(5)(B)(iii)
- Pub. L. 99–272, § 11016(a)(5)(B)(i)
- Pub. L. 99–272, § 11016(a)(5)(B)(ii)
- Pub. L. 96–364
- section 7882 of Pub. L. 101–239
- section 9312(d)(1) of Pub. L. 100–203
- Pub. L. 99–272
- section 11019 of Pub. L. 99–272
Citation graph
cites case law
§ 1364
Liability on termination of single-employer plans under multiple controlled groups
Stat.×6
U.S.C.×4
Pub. L.Pub. L. 93–406, title IV, § 4064
Stat.88 Stat. 1031
Pub. L.Pub. L. 96–364, title IV, § 403(i)
Stat.94 Stat. 1301
Pub. L.Pub. L. 99–272, title XI, § 11016(a)(5)(B)
Cites 27 · showing 12Cited by 10 across 2 sources