Employers Council on Flexible Compensation (ECFC)
(Washington DC / Telecommute)
MEP Assistant Team Leader
Nova 401(k) Associates
(Houston TX / Dallas TX / Austin TX / Scottsdale AZ / Telecommute)
Employee Benefits (ERISA) Associate Attorney
(Kansas City MO / Minneapolis MN)
Senior Retirement Plan Administrator
RetireWell Administrators, Inc.
(Marlton NJ / Telecommute)
401(k) Plan Administrator
Southern Pension Services
Benefit Plans Plus, LLC [BPP]
(Saint Louis MO / Edwardsville IL / Henderson KY)
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When the Employee Retirement Income Security Act ("ERISA" or "the Act") became law in 1974, it was codified as part of Title 29 of the United States Code. By that time Title 29 already contained the codified version of many other labor laws. (Title 29 section 1 was already "taken," for example.) So the Title 29 section numbers assigned to the provisions of ERISA do not line up with the section numbering in the original Act.
For example, the fiduciary duty provisions of ERISA section 404 are found in Title 29 section 1104. (Unfortunately the mismatch cannot be translated by simply adding 700 to the ERISA section number, though that's true for the fiduciary duty provisions.)
The following table shows the ERISA sections and their corresponding Title 29 section numbers.
TITLE 29 - LABOR (Current through Pub. L. 112-90, Jan. 3, 2012; source: Cornell Law School Legal Information Institute)
CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
|SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS|
|SUBTITLE A - GENERAL PROVISIONS|
|ERISA 2||29 USC 1001||Congressional findings and declaration of policy.
(a) Benefit plans as affecting interstate commerce and the Federal taxing power.
(b) Protection of interstate commerce and beneficiaries by requiring disclosure and reporting, setting standards of conduct, etc., for fiduciaries.
(c) Protection of interstate commerce, the Federal taxing power, and beneficiaries by vesting of accrued benefits, setting minimum standards of funding, requiring termination insurance.
|[Not part of ERISA]||29 USC 1001a||Additional Congressional findings and declaration of policy.
(a) Effects of multiemployer pension plans.
(b) Modification of multiemployer plan termination insurance provisions and replacement of program.
|[Not part of ERISA]||29 USC 1001b||Findings and declaration of policy.
(b) Additional findings.
(c) Declaration of policy.
|ERISA 3||29 USC 1002||Definitions.|
|ERISA 4||29 USC 1003||Coverage.
(a) In general.
(b) Exceptions for certain plans.
(c) Voluntary employee contributions to accounts and annuities.
|SUBTITLE B - REGULATORY PROVISIONS|
|PART 1 - REPORTING AND DISCLOSURE|
|ERISA 101||29 USC 1021||Duty of disclosure and reporting.
(a) Summary plan description and information to be furnished to participants and beneficiaries.
(b) Reports to be filed with Secretary of Labor.
(c) Terminal and supplementary reports.
(d) Notice of failure to meet minimum funding standards.
(e) Notice of transfer of excess pension assets to health benefits accounts.
(f) Defined benefit plan funding notices.
(g) Reporting by certain arrangements.
(h) Simple retirement accounts.
(i) Notice of blackout periods to participant or beneficiary under individual account plan.
(j) Notice of funding-based limitation on certain forms of distribution.
(k) Multiemployer plan information made available on request.
(l) Notice of potential withdrawal liability.
(m) Notice of right to divest.
(n) Cross reference.
|ERISA 102||29 USC 1022||Summary plan description.|
|ERISA 103||29 USC 1023||Annual reports.
(a) Publication and filing.
(b) Financial statement.
(c) Information to be furnished by administrator.
(d) Actuarial statement.
(e) Statement from insurance company, insurance service, or other similar organizations which sell or guarantee plan benefits.
(f) Additional information with respect to defined benefit plans.
|ERISA 104||29 USC 1024||Filing and furnishing of information.
(a) Filing of annual report with Secretary.
(b) Publication of summary plan description and annual report to participants and beneficiaries of plan.
(c) Statement of rights.
(d) Furnishing summary plan information to employers and employee representatives of multiemployer plans.
(e) Cross references.
|ERISA 105||29 USC 1025||Reporting of participant's benefit rights.
(a) Requirements to provide pension benefit statements.
(b) Limitation on number of statements.
(c) Individual statement furnished by administrator to participants setting forth information in administrator's Internal Revenue registration statement and notification of forfeitable benefits.
|ERISA 106||29 USC 1026||Reports made public information.|
|ERISA 107||29 USC 1027||Retention of records.|
|ERISA 108||29 USC 1028||Reliance on administrative interpretations.|
|ERISA 109||29 USC 1029||Forms.
(a) Information required on forms.
(b) Information not required on forms.
(c) Format and content of summary plan description, annual report, etc., required to be furnished to plan participants and beneficiaries.
|ERISA 110||29 USC 1030||Alternative methods of compliance.|
|ERISA 111||29 USC 1031||Repeal and effective date.|
|PART 2 - PARTICIPATION AND VESTING|
|ERISA 201||29 USC 1051||Coverage.|
|ERISA 202||29 USC 1052||Minimum participation standards.|
|ERISA 203||29 USC 1053||Minimum vesting standards.
(a) Nonforfeitability requirements.
(b) Computation of period of service.
(c) Plan amendments altering vesting schedule.
(d) Nonforfeitable benefits after lesser period and in greater amounts than required.
(e) Consent for distribution; present value; covered distributions.
(f) Special rules for plans computing accrued benefits by reference to hypothetical account balance or equivalent amounts.
|ERISA 204||29 USC 1054||Benefit accrual requirements.
(a) Satisfaction of requirements by pension plans.
(b) Enumeration of plan requirements.
(c) Employee's accrued benefits derived from employer and employee contributions.
(d) Employee service which may be disregarded in determining employee's accrued benefits under plan.
(e) Opportunity to repay full amount of distributions which have been reduced through disregarded employee service.
(f) Employer treated as maintaining a plan.
(g) Decrease of accrued benefits through amendment of plan.
(h) Notice of significant reduction in benefit accruals.
(i) Prohibition on benefit increases where plan sponsor is in bankruptcy.
(j) Diversification requirements for certain individual account plans.
(k) Cross reference.
|ERISA 205||29 USC 1055||Requirement of joint and survivor annuity and preretirement survivor annuity.
(a) Required contents for applicable plans.
(b) Applicable plans.
(c) Plans meeting requirements of section.
(d) "Qualified joint and survivor annuity" defined.
(e) "Qualified preretirement survivor annuity" defined.
(f) Marriage requirements for plan.
(g) Distribution of present value of annuity; written consent; determination of present value.
(i) Increased costs from providing annuity.
(j) Use of participant's accrued benefit as security for loan as not preventing distribution.
(k) Spousal consent.
(l) Regulations; consultation of Secretary of the Treasury with Secretary of Labor.
|ERISA 206||29 USC 1056||Form and payment of benefits.
(a) Commencement date for payment of benefits.
(b) Decrease in plan benefits by reason of increases in benefit levels under Social Security Act or Railroad Retirement Act of 1937.
(c) Forfeiture of accrued benefits derived from employer contributions.
(d) Assignment or alienation of plan benefits.
(e) Limitation on distributions other than life annuities paid by plan.
(f) Missing participants in terminated plans.
(g) Funding-based limits on benefits and benefit accruals under single-employer plans.
|ERISA 207||29 USC 1057||Repealed. Pub. L. 109-280, Title I, ? 107(d), Aug. 17, 2006, 120 Stat. 820.|
|ERISA 208||29 USC 1058||Mergers and consolidations of plans or transfers of plan assets.|
|ERISA 209||29 USC 1059||Recordkeeping and reporting requirements.|
|ERISA 210||29 USC 1060||Multiple employer plans and other special rules.
(a) Plan maintained by more than one employer.
(b) Maintenance of plan of predecessor employer.
(c) Plan maintained by controlled group of corporations.
(d) Plan of trades or businesses under common control.
(e) Special rules for eligible combined defined benefit plans and qualified cash or deferred arrangements.
|ERISA 211||29 USC 1061||Effective dates.|
|PART 3 - FUNDING|
|ERISA 301||29 USC 1081||Coverage.
(a) Plans excepted from applicability of this part.
(b) "Insurance contract plan" defined.
(c) Applicability of this part to terminated multiemployer plans.
|ERISA 302||29 USC 1082||Minimum funding standards.
(a) Requirement to meet minimum funding standard.
(b) Liability for contributions.
(c) Variance from minimum funding standards.
(d) Miscellaneous rules.
|ERISA 303||29 USC 1083||Minimum funding standards for single-employer defined benefit pension plans.
(a) Minimum required contribution.
(b) Target normal cost.
(c) Shortfall amortization charge.
(d) Rules relating to funding target.
(e) Waiver amortization charge.
(f) Reduction of minimum required contribution by prefunding balance and funding standard carryover balance.
(g) Valuation of plan assets and liabilities.
(h) Actuarial assumptions and methods.
(i) Special rules for at-risk plans.
(j) Payment of minimum required contributions.
(k) Imposition of lien where failure to make required contributions.
(l) Qualified transfers to health benefit accounts.
|ERISA 304||29 USC 1084||Minimum funding standards for multiemployer plans.
(a) In general.
(b) Funding standard account.
(c) Additional rules.
(d) Extension of amortization periods for multiemployer plans.
|ERISA 305||29 USC 1085||Additional funding rules for multiemployer plans in endangered status or critical status.
(a) General rule.
(b) Determination of endangered and critical status.
(c) Funding improvement plan must be adopted for multiemployer plans in endangered status.
(d) Rules for operation of plan during adoption and improvement periods.
(e) Rehabilitation plan must be adopted for multiemployer plans in critical status.
(f) Rules for operation of plan during adoption and rehabilitation period.
(g) Expedited resolution of plan sponsor decisions.
(h) Nonbargained participation.
(i) Definitions; actuarial method.
|ERISA 306||29 USC 1085a||Repealed. Pub. L. 109-280, Title I, ? 101(a), Aug. 17, 2006, 120 Stat. 784.|
|ERISA 307||29 USC 1085b||Repealed. Pub. L. 109-280, Title I, ? 101(a), Aug. 17, 2006, 120 Stat. 784.|
|ERISA 308||29 USC 1086||Repealed. Pub. L. 109-280, Title I, ? 101(a), Aug. 17, 2006, 120 Stat. 784.|
|PART 4 - FIDUCIARY RESPONSIBILITY|
|ERISA 401||29 USC 1101||Coverage.
(a) Scope of coverage.
(b) Securities or policies deemed to be included in plan assets.
(c) Clarification of application of ERISA to insurance company general accounts.
|ERISA 402||29 USC 1102||Establishment of plan.
(a) Named fiduciaries.
(b) Requisite features of plan.
(c) Optional features of plan.
|ERISA 403||29 USC 1103||Establishment of trust.
(a) Benefit plan assets to be held in trust; authority of trustees.
(c) Assets of plan not to inure to benefit of employer; allowable purposes of holding plan assets.
(d) Termination of plan.
|ERISA 404||29 USC 1104||Fiduciary duties.
(a) Prudent man standard of care.
(b) Indicia of ownership of assets outside jurisdiction of district courts.
(c) Control over assets by participant or beneficiary.
(d) Plan terminations.
|ERISA 405||29 USC 1105||Liability for breach of co-fiduciary.
(a) Circumstances giving rise to liability.
(b) Assets held by two or more trustees.
(c) Allocation of fiduciary responsibility; designated persons to carry out fiduciary responsibilities.
(d) Investment managers.
|ERISA 406||29 USC 1106||Prohibited transactions.
(a) Transactions between plan and party in interest.
(b) Transactions between plan and fiduciary.
(c) Transfer of real or personal property to plan by party in interest.
|ERISA 407||29 USC 1107||Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans.
(a) Percentage limitation.
(e) Marketable obligations.
(f) Maximum percentage of stock held by plan; time of holding or acquisition; necessity of legally binding contract.
|ERISA 408||29 USC 1108||Exemptions from prohibited transactions.
(a) Grant of exemptions.
(b) Enumeration of transactions exempted from section 1106 prohibitions.
(c) Fiduciary benefits and compensation not prohibited by section 1106.
(d) Owner-employees; family members; shareholder employees.
(e) Acquisition or sale by plan of qualifying employer securities; acquisition, sale, or lease by plan of qualifying employer real property.
(f) Applicability of statutory prohibitions to mergers or transfers.
(g) Provision of investment advice to participant and beneficiaries.
|ERISA 409||29 USC 1109||Liability for breach of fiduciary duty.|
|ERISA 410||29 USC 1110||Exculpatory provisions; insurance.|
|ERISA 411||29 USC 1111||Persons prohibited from holding certain positions.
(a) Conviction or imprisonment.
(d) Salary of person barred from employee benefit plan office during appeal of conviction.
|ERISA 412||29 USC 1112||Bonding.
(a) Requisite bonding of plan officials.
(b) Unlawful acts.
(c) Conflict of interest prohibited in procuring bonds.
(d) Exclusiveness of statutory basis for bonding requirement for persons handling funds or other property of employee benefit plans.
|ERISA 413||29 USC 1113||Limitation of actions.|
|ERISA 414||29 USC 1114||Effective date.|
|PART 5 - ADMINISTRATION AND ENFORCEMENT|
|ERISA 501||29 USC 1131||Criminal penalties.|
|ERISA 502||29 USC 1132||Civil enforcement.
(a) Persons empowered to bring a civil action.
(b) Plans qualified under Internal Revenue Code; maintenance of actions involving delinquent contributions.
(c) Administrator's refusal to supply requested information; penalty for failure to provide annual report in complete form.
(d) Status of employee benefit plan as entity.
(f) Amount in controversy; citizenship of parties.
(g) Attorney's fees and costs; awards in actions involving delinquent contributions.
(h) Service upon Secretary of Labor and Secretary of the Treasury.
(i) Administrative assessment of civil penalty.
(j) Direction and control of litigation by Attorney General.
(k) Jurisdiction of actions against the Secretary of Labor.
(l) Civil penalties on violations by fiduciaries.
(m) Penalty for improper distribution.
|ERISA 503||29 USC 1133||Claims procedure.|
|ERISA 504||29 USC 1134||Investigative authority.
(a) Investigation and submission of reports, books, etc.
(b) Frequency of submission of books and records.
(c) Other provisions applicable relating to attendance of witnesses and production of books, records, etc.
(d) Evidentiary privilege; confidentiality of communications.
(e) Application of privilege.
|ERISA 505||29 USC 1135||Regulations.|
|ERISA 506||29 USC 1136||Coordination and responsibility of agencies enforcing this subchapter and related Federal laws.
(a) Coordination with other agencies and departments.
(b) Responsibility for detecting and investigating civil and criminal violations of this subchapter and related Federal laws.
(c) Coordination of enforcement with States with respect to certain arrangements.
|ERISA 507||29 USC 1137||Administration.|
|ERISA 508||29 USC 1138||Appropriations.|
|ERISA 509||29 USC 1139||Separability.|
|ERISA 510||29 USC 1140||Interference with protected rights.|
|ERISA 511||29 USC 1141||Coercive interference.|
|ERISA 512||29 USC 1142||Advisory Council on Employee Welfare and Pension Benefit Plans.
(a) Establishment; membership; terms; appointment and reappointment; vacancies; quorum.
(b) Duties and functions.
(c) Executive secretary; secretarial and clerical services.
|ERISA 513||29 USC 1143||Research, studies, and reports.
(a) Authorization to undertake research and surveys.
(c) Cooperation with Congress.
|[Not part of ERISA]||29 USC 1143a||Studies by Comptroller General.
(1) In general.
(2) Access to books, documents, etc.
(4) Effective date.
|ERISA 514||29 USC 1144||Other laws.
(a) Supersedure; effective date.
(b) Construction and application.
(d) Alteration, amendment, modification, invalidation, impairment, or supersedure of any law of the United States prohibited.
(e) Automatic contribution arrangements.
|[Not part of ERISA]||29 USC 1144A||Clarification of church welfare plan status under State insurance law.
(a) In general.
(b) State insurance law.
(d) Enforcement authority.
(e) Application of section.
|ERISA 515||29 USC 1145||Delinquent contributions.|
|ERISA 516||29 USC 1146||Outreach to promote retirement income savings.
(a) In general.
(c) Information to be made available.
(d) Establishment of site on Internet.
|ERISA 517||29 USC 1147||National Summit on Retirement Savings.
(a) Authority to call Summit.
(b) Planning and direction.
(c) Purpose of National Summit.
(d) Scope of National Summit.
(e) National Summit participants.
(f) National Summit administration.
(h) "State" defined.
(i) Authorization of appropriations.
(j) Financial obligation for fiscal year 1998.
|ERISA 518||29 USC 1148||Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions.|
|ERISA 519||29 USC 1149||Prohibition on false statements and representations.|
|ERISA 520||29 USC 1150||Applicability of State law to combat fraud and abuse.|
|ERISA 521||29 USC 1151||Administrative summary cease and desist orders and summary seizure orders against multiple employer welfare arrangements in financially hazardous condition.
(a) In general.
(c) Burden of proof.
|PART 6 - CONTINUATION COVERAGE AND ADDITIONAL STANDARDS FOR GROUP HEALTH PLANS|
|ERISA 601||29 USC 1161||Plans must provide continuation coverage to certain individuals.
(a) In general.
(b) Exception for certain plans.
|ERISA 602||29 USC 1162||Continuation coverage.
(1) Type of benefit coverage.
(2) Period of coverage.
(3) Premium requirements.
(4) No requirement of insurability.
(5) Conversion option.
|ERISA 603||29 USC 1163||Qualifying event.|
|ERISA 604||29 USC 1164||Applicable premium.
(1) In general.
(2) Special rule for self-insured plans.
(3) Determination period.
|ERISA 605||29 USC 1165||Election
(a) In general.
(a) Temporary extension of COBRA election period for certain individuals.
|ERISA 606||29 USC 1166||Notice requirements.
(a) In general.
(b) Alternative means of compliance with requirements for notification of multiemployer plans by employers.
(c) Rules relating to notification of qualified beneficiaries by plan administrator.
|ERISA 607||29 USC 1167||Definitions and special rules.
(1) Group health plan.
(2) Covered employee.
(3) Qualified beneficiary.
(5) Optional extension of required periods.
|ERISA 608||29 USC 1168||Regulations.|
|ERISA 609||29 USC 1169||Additional standards for group health plans.
(a) Group health plan coverage pursuant to medical child support orders.
(b) Rights of States with respect to group health plans where participants or beneficiaries thereunder are eligible for medicaid benefits.
(c) Group health plan coverage of dependent children in cases of adoption.
(d) Continued coverage of costs of a pediatric vaccine under group health plans.
|PART 7 - GROUP HEALTH PLAN REQUIREMENTS
SUBPART A - REQUIREMENTS RELATING TO PORTABILITY, ACCESS, AND RENEWABILITY
|ERISA 701||29 USC 1181||Increased portability through limitation on preexisting condition exclusions.
(a) Limitation on preexisting condition exclusion period; crediting for periods of previous coverage.
(c) Rules relating to crediting previous coverage.
(e) Certifications and disclosure of coverage.
(f) Special enrollment periods.
(g) Use of affiliation period by HMOs as alternative to preexisting condition exclusion.
|ERISA 702||29 USC 1182||Prohibiting discrimination against individual participants and beneficiaries based on health status.
(a) In eligibility to enroll.
(b) In premium contributions.
(c) Genetic testing.
(d) Prohibition on collection of genetic information.
(e) Application to all plans.
(f) Genetic information of a fetus or embryo.
|ERISA 703||29 USC 1183||Guaranteed renewability in multiemployer plans and multiple employer welfare arrangements.|
|SUBPART B - OTHER REQUIREMENTS|
|ERISA 711||29 USC 1185||Standards relating to benefits for mothers and newborns.
(a) Requirements for minimum hospital stay following birth.
(c) Rules of construction.
(d) Notice under group health plan.
(e) Level and type of reimbursements.
(f) Preemption; exception for health insurance coverage in certain States.
|ERISA 712||29 USC 1185a||Parity in mental health and substance use disorder benefits.
(a) In general.
(d) Separate application to each option offered.
(f) Secretary report.
(g) Notice and assistance.
|ERISA 713||29 USC 1185b||Required coverage for reconstructive surgery following mastectomies.
(a) In general.
(d) Rule of construction.
(e) Preemption, relation to State laws.
|ERISA 714||29 USC 1185c||Coverage of dependent students on medically necessary leave of absence.
(a) Medically necessary leave of absence.
(b) Requirement to continue coverage.
(d) No change in benefits.
(e) Continued application in case of changed coverage.
|ERISA 715||29 USC 1185d||Additional market reforms.
(a) General rule.
|SUBPART C - GENERAL PROVISIONS|
|ERISA 731||29 USC 1191||Preemption; State flexibility; construction.
(a) Continued applicability of State law with respect to health insurance issuers.
(b) Special rules in case of portability requirements.
(c) Rules of construction.
|ERISA 732||29 USC 1191a||Special rules relating to group health plans.
(a) General exception for certain small group health plans.
(b) Exception for certain benefits.
(c) Exception for certain benefits if certain conditions met.
(d) Treatment of partnerships.
|ERISA 733||29 USC 1191b||Definitions.
(a) Group health plan.
(b) Definitions relating to health insurance.
(c) Excepted benefits.
(d) Other definitions.
|ERISA 734||29 USC 1191c||Regulations.|
|SUBCHAPTER II - JURISDICTION, ADMINISTRATION, ENFORCEMENT; JOINT PENSION TASK FORCE, ETC.|
|SUBTITLE A - JURISDICTION, ADMINISTRATION, AND ENFORCEMENT|
|ERISA 3001||29 USC 1201||Procedures in connection with the issuance of certain determination letters by the Secretary of the Treasury covering qualifications under Internal Revenue Code.
(a) Additional material required of applicants.
(b) Opportunity to comment on application.
(c) Intervention by Pension Benefit Guaranty Corporation or Secretary of Labor into declaratory judgment action under section 7476 of title 26, action by Corporation authorized.
(d) Notification and information by Secretary of the Treasury to Secretary of Labor upon issuance by Secretary of the Treasury of a determination letter to applicant.
(e) Effective date.
|ERISA 3002||29 USC 1202||Procedures with respect to continued compliance with Internal Revenue requirements relating to participation, vesting, and funding standards.
(a) Notification by Secretary of the Treasury to Secretary of Labor of issuance of a preliminary notice of intent to disqualify or of commencement of proceedings to determine satisfaction of requirements.
(b) Notification to Secretary of Labor before Secretary of the Treasury sends notice of deficiency under section 4971 of title 26; waiver of imposition of tax; requests for investigation; consultation.
(c) Extended application of regulations prescribed by Secretary of the Treasury relating to minimum participation standards, minimum vesting standards, and minimum funding standards.
(d) Opportunity afforded Secretary of the Treasury to intervene in cases involving construction or application of minimum standards; review of briefs filed by Pension Benefit Guaranty Corporation or Secretary of Labor.
(e) Consultative requirements respecting promulgation of proposed or final regulations.
|[Not part of ERISA]||29 USC 1202a||Employee plans compliance resolution system.
(a) In general.
|ERISA 3003||29 USC 1203||Procedures in connection with prohibited transactions.
(a) Notification to Secretary of Labor; opportunity to comment on imposition of tax under section 4975 of title 26; waiver; requests for investigations.
(c) Transmission of information to Secretary of the Treasury.
|ERISA 3004||29 USC 1204||Coordination between the Department of the Treasury and the Department of Labor.|
|SUBTITLE B - JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE; STUDIES|
|PART 1 - JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE|
|ERISA 3021||29 USC 1221||Establishment.|
|ERISA 3022||29 USC 1222||Duties.|
|PART 2 - OTHER STUDIES|
|ERISA 3031||29 USC 1231||Congressional study.|
|ERISA 3032||29 USC 1232||Protection for employees under Federal procurement, construction, and research contracts and grants.
(a) Study and investigation by Secretary of Labor.
(d) Congressional review of regulations; resolution of disapproval.
|SUBTITLE C - ENROLLMENT OF ACTUARIES|
|ERISA 3041||29 USC 1241||Joint Board for the Enrollment of Actuaries.|
|ERISA 3042||29 USC 1242||Enrollment by Board; standards and qualifications; suspension or termination of enrollment.|
|SUBCHAPTER III - PLAN TERMINATION INSURANCE
SUBTITLE A - PENSION BENEFIT GUARANTY CORPORATION
|ERISA 4001||29 USC 1301||Definitions.|
|ERISA 4002||29 USC 1302||Pension Benefit Guaranty Corporation.
(a) Establishment within Department of Labor.
(b) Powers of corporation.
(d) Board of directors; compensation; reimbursement for expenses.
(f) Adoption of bylaws; amendment, alteration; publication in the Federal Register.
(g) Exemption from taxation.
(h) Advisory committee to corporation.
(i) Special rules regarding disasters, etc.
|ERISA 4003||29 USC 1303||Operation of corporation.
(a) Investigatory authority; audit of statistically significant number of terminating plans.
(b) Discovery powers vested in board members or officers designated by the chairman.
(d) Cooperation with other governmental agencies.
(e) Civil actions by corporation; jurisdiction; process; expeditious handling of case; costs; limitation on actions.
(f) Civil actions against corporation; appropriate court; award of costs and expenses; limitation on actions; jurisdiction; removal of actions.
|ERISA 4004||29 USC 1304||Repealed.|
|ERISA 4005||29 USC 1305||Pension benefit guaranty funds.
(a) Establishment of four revolving funds on books of Treasury of the United States.
(b) Credits to funds; availability of funds; investment of moneys in excess of current needs.
(c) Authority to issue notes or other obligations; purchase by Secretary of the Treasury as public debt transaction.
(d) Establishment of fifth fund; purpose, availability, etc.
(e) Establishment of sixth fund; purpose, availability, etc.
(f) Deposit of premiums into separate revolving fund.
(g) Other use of funds; deposits of repayments.
(h) Voting by corporation of stock paid as liability.
|ERISA 4006||29 USC 1306||Premium rates.
(a) Schedules for premium rates and bases for application; establishment, coverage, etc.
(b) Revised schedule; Congressional procedures applicable.
(c) Rates for plans for basic benefits.
|ERISA 4007||29 USC 1307||Payment of premiums.
(a) Premiums payable when due; accrual; waiver or reduction.
(b) Late payment charge; waiver; interest on overpayment.
(c) Civil action to recover premium penalty and interest.
(d) Basic benefits guarantee not stopped by designated payor's failure to pay premiums when due.
(e) Designated payor.
|ERISA 4008||29 USC 1308||Annual report by the corporation.|
|ERISA 4009||29 USC 1309||Portability assistance.|
|ERISA 4010||29 USC 1310||Authority to require certain information.
(a) Information required.
(b) Persons required to provide information.
(c) Information exempt from disclosure requirements.
(d) Additional information required.
(a) Notice to Congress.
|ERISA 4011||29 USC 1311||Repealed. Pub. L. 109-280, Title V, ? 501(b), Aug. 17, 2006, 120 Stat. 939.|
|SUBTITLE B - COVERAGE|
|ERISA 4021||29 USC 1321||Coverage.
(a) Plans covered.
(b) Plans not covered.
(d) Substantial owner defined.
|ERISA 4022||29 USC 1322||Single-employer plan benefits guaranteed.
(a) Nonforfeitable benefits.
(c) Payment by corporation to participants and beneficiaries of recovery percentage of outstanding amount of benefit liabilities.
(d) Authorization to guarantee other classes of benefits.
(e) Nonforfeitability of preretirement survivor annuity.
(f) Effective date of plan amendments.
(g) Bankruptcy filing substituted for termination date.
(h) Special rule for plans electing certain funding requirements.
|ERISA 4022A||29 USC 1322a||Multiemployer plan benefits guaranteed.
(a) Benefits of covered plans subject to guarantee.
(b) Benefits or benefit increases not eligible for guarantee.
(c) Determinations respecting amount of guarantee.
(d) Amount of guarantee of reduced benefit.
(e) Ineligibility of benefits for guarantee.
(f) Study, report, etc., respecting premium increase in existing basic-benefit guarantee levels; Congressional procedures applicable for revision of schedules.
(g) Guarantee of payment of other classes of benefits and establishment of terms and conditions of guarantee; promulgation of regulations for establishment of supplemental program to guarantee benefits otherwise ineligible; status of benefits; applicability of revised schedule of premiums.
(h) Applicability to nonforfeitable benefits accrued as of July 30, 1980; manner and extent of guarantee.
|ERISA 4022B||29 USC 1322b||Aggregate limit on benefits guaranteed; criteria applicable.|
|ERISA 4023||29 USC 1323||Plan fiduciaries.|
|SUBTITLE C - TERMINATIONS|
|ERISA 4041||29 USC 1341||Termination of single-employer plans.
(a) General rules governing single-employer plan terminations.
(b) Standard termination of single-employer plans.
(c) Distress termination of single-employer plans.
(e) Limitation on the conversion of a defined benefit plan to a defined contribution plan.
|ERISA 4041A||29 USC 1341a||Termination of multiemployer plans.
(a) Determinative factors.
(b) Date of termination.
(c) Duties of plan sponsor of amended plan.
(d) Duties of plan sponsor of nonoperative plan.
(e) Amount of contribution of employer under amended plan for each plan year subsequent to plan termination date.
(f) Payment of benefits; reporting requirements for terminated plans and rules and standards for administration of such plans.
|ERISA 4042||29 USC 1342||Institution of termination proceedings by the corporation.
(a) Authority to institute proceedings to terminate a plan.
(b) Appointment of trustee.
(c) Adjudication that plan must be terminated.
(d) Powers of trustee.
(e) Filing of application notwithstanding pendency of other proceedings.
(f) Exclusive jurisdiction; stay of other proceedings.
(h) Compensation of trustee and professional service personnel appointed or retained by trustee.
|ERISA 4043||29 USC 1343||Reportable events.
(a) Notification that event has occurred.
(b) Notification that event is about to occur.
(c) Enumeration of reportable events.
(d) Notification to corporation by Secretary of the Treasury.
(e) Notification to corporation by Secretary of Labor.
(f) Disclosure exemption.
|ERISA 4044||29 USC 1344||Allocation of assets.
(a) Order of priority of participants and beneficiaries.
(b) Adjustment of allocations; reallocations; mandatory contributions; establishment of subclasses and categories.
(c) Increase or decrease in value of assets.
(d) Distribution of residual assets; restrictions on reversions pursuant to recently amended plans; assets attributable to employee contributions; calculation of remaining assets.
(e) Bankruptcy filing substituted for termination date.
(f) Valuation of section 1362(c) liability for determining amounts payable by corporation to participants and beneficiaries.
|ERISA 4045||29 USC 1345||Recapture of payments.
(a) Authorization to recover benefits.
(b) Recoverable amount.
(c) Payments made on or after death or disability of participant; waiver of recovery in case of hardship.
|ERISA 4046||29 USC 1346||Reports to trustee.|
|ERISA 4047||29 USC 1347||Restoration of plans.|
|ERISA 4048||29 USC 1348||Termination date.|
|ERISA 4049||29 USC 1349||Repealed.|
|ERISA 4050||29 USC 1350||Missing participants.
(a) General rule.
(c) Multiemployer plans.
(d) Plans not otherwise subject to this subchapter.
(e) Regulatory authority.
|SUBTITLE D - LIABILITY|
|ERISA 4061||29 USC 1361||Amounts payable by corporation.|
|ERISA 4062||29 USC 1362||Liability for termination of single-employer plans under a distress termination or a termination by corporation.
(a) In general.
(b) Liability to corporation.
(c) Liability to section 1342 trustee.
(e) Treatment of substantial cessation of operations.
|ERISA 4063||29 USC 1363||Liability of substantial employer for withdrawal from single-employer plans under multiple controlled groups.
(a) Single-employer plans with two or more contributing sponsors.
(b) Computation of liability.
(c) Bond in lieu of payment of liability; 5-year termination period.
(d) Alternate appropriate procedure.
(e) Indemnity agreement.
|ERISA 4064||29 USC 1364||Liability on termination of single-employer plans under multiple controlled groups.|
|ERISA 4065||29 USC 1365||Annual report of plan administrator.|
|ERISA 4066||29 USC 1366||Annual notification to substantial employers.|
|ERISA 4067||29 USC 1367||Recovery of liability for plan termination.|
|ERISA 4068||29 USC 1368||Lien for liability.
(a) Creation of lien.
(b) Term of lien.
(d) Civil action; limitation period.
(e) Release or subordination.
|ERISA 4069||29 USC 1369||Treatment of transactions to evade liability; effect of corporate reorganization.
(a) Treatment of transactions to evade liability.
(b) Effect of corporate reorganization.
|ERISA 4070||29 USC 1370||Enforcement authority relating to terminations of single-employer plans.
(a) In general.
(b) Status of plan as party to action and with respect to legal process.
(c) Jurisdiction and venue.
(d) Right of corporation to intervene.
(e) Awards of costs and expenses.
(f) Limitation on actions.
|ERISA 4071||29 USC 1371||Penalty for failure to timely provide required information.|
|SUBTITLE E - SPECIAL PROVISIONS FOR MULTIEMPLOYER PLANS
PART 1 - EMPLOYER WITHDRAWALS
|ERISA 4201||29 USC 1381||Withdrawal liability established; criteria and definitions.|
|ERISA 4202||29 USC 1382||Determination and collection of liability; notification of employer.|
|ERISA 4203||29 USC 1383||Complete withdrawal.
(a) Determinative factors.
(b) Building and construction industry.
(c) Entertainment industry.
(d) Other determinative factors.
(e) Date of complete withdrawal.
(f) Special liability withdrawal rules for industries other than construction and entertainment industries; procedures applicable to amend plans.
|ERISA 4204||29 USC 1384||Sale of assets.
(a) Complete or partial withdrawal not occurring as a result of sale and subsequent cessation of covered operations or cessation of obligation to contribute to covered operations; continuation of liability of seller.
(b) Liability of purchaser.
(c) Variances or exemptions from continuation of liability of seller; procedures applicable.
(d) "Unrelated party" defined.
|ERISA 4205||29 USC 1385||Partial withdrawals.
(a) Determinative factors.
(b) Criteria applicable.
(c) Retail food industry.
(d) Continuation of liability of employer for partial withdrawal under amended plan.
|ERISA 4206||29 USC 1386||Adjustment for partial withdrawal; determination of amount; reduction for partial withdrawal liability; procedures applicable.|
|ERISA 4207||29 USC 1387||Reduction or waiver of complete withdrawal liability; procedures and standards applicable.|
|ERISA 4208||29 USC 1388||Reduction of partial withdrawal liability.
(a) Obligation of employer for payments for partial withdrawal for plan years beginning after the second consecutive plan year following the partial withdrawal year; criteria applicable; furnishing of bond in lieu of payment of partial withdrawal liability.
(b) Obligation of employer for payments for partial withdrawal for plan years beginning after the second consecutive plan year; other criteria applicable.
(c) Pro rata reduction of amount of partial withdrawal liability payment of employer for plan year following partial withdrawal year.
(d) Building and construction industry; entertainment industry.
(e) Reduction or elimination of partial withdrawal liability under any conditions; criteria; procedures applicable.
|ERISA 4209||29 USC 1389||De minimis rule.
(a) Reduction of unfunded vested benefits allocable to employer withdrawn from plan.
(b) Amendment of plan for reduction of amount of unfunded vested benefits allocable to employer withdrawn from plan.
(d) Presumption of employer withdrawal from plan pursuant to agreement or arrangement applicable in action or proceeding to determine or collect withdrawal liability.
|ERISA 4210||29 USC 1390||Nonapplicability of withdrawal liability for certain temporary contribution obligation periods; exception.|
|ERISA 4211||29 USC 1391||Methods for computing withdrawal liability.
(a) Determination of amount of unfunded vested benefits allocable to employer withdrawn from plan.
(b) Factors determining computation of amount of unfunded vested benefits allocable to employer withdrawn from plan.
(c) Amendment of multiemployer plan for determination respecting amount of unfunded vested benefits allocable to employer withdrawn from plan; factors determining computation of amount.
(d) Method of calculating allocable share of employer of unfunded vested benefits set forth in subsection (c)(3) of this section; applicability of certain statutory provisions.
(e) Reduction of liability of withdrawn employer in case of transfer of liabilities to another plan incident to withdrawal or partial withdrawal of employer.
(f) Computations applicable in case of withdrawal following merger of multiemployer plans.
|ERISA 4212||29 USC 1392||Obligation to contribute.
(a) "Obligation to contribute" defined.
(b) Payments of withdrawal liability not considered contributions.
(c) Transactions to evade or avoid liability.
|ERISA 4213||29 USC 1393||Actuarial assumptions.
(a) Use by plan actuary in determining unfunded vested benefits of a plan for computing withdrawal liability of employer.
(b) Factors determinative of unfunded vested benefits of plan for computing withdrawal liability of employer.
(c) Determination of amount of unfunded vested benefits.
|ERISA 4214||29 USC 1394||Application of plan amendments; exception.|
|ERISA 4215||29 USC 1395||Plan notification to corporation of potentially significant withdrawals.|
|ERISA 4216||29 USC 1396||Special rules for plans under section 404(c) of title 26.
(a) Amount of withdrawal liability; determinative factors.
(b) Covered plans.
(c) Amount of liability of employer; "a year of signatory service" defined.
|ERISA 4217||29 USC 1397||Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan.|
|ERISA 4218||29 USC 1398||Withdrawal not to occur because of change in business form or suspension of contributions during labor dispute.|
|ERISA 4219||29 USC 1399||Notice, collection, etc., of withdrawal liability.
(a) Furnishing of information by employer to plan sponsor.
(b) Notification, demand for payment, and review upon complete or partial withdrawal by employer.
(c) Payment requirements; amount, etc.
(d) Applicability of statutory prohibitions.
|ERISA 4220||29 USC 1400||Approval of amendments.
(a) Amendment of covered multiemployer plan; procedures applicable.
(b) Amendment respecting methods for computing withdrawal liability.
(c) Criteria for disapproval by corporation.
|ERISA 4221||29 USC 1401||Resolution of disputes.
(a) Arbitration proceedings; matters subject to arbitration, procedures applicable, etc.
(b) Alternative collection proceedings; civil action subsequent to arbitration award; conduct of arbitration proceedings.
(c) Presumption respecting finding of fact by arbitrator.
(d) Payments by employer prior and subsequent to determination by arbitrator; adjustments; failure of employer to make payments.
(e) Procedures applicable to certain disputes.
(f) Procedures applicable to certain disputes.
|ERISA 4222||29 USC 1402||Reimbursements for uncollectible withdrawal liability.
(a) Required supplemental program to reimburse for payments due from employers uncollectible as a result of employer involvement in bankruptcy case or proceedings; program participation, premiums, etc.
(b) Discretionary supplemental program to reimburse for payments due from employers uncollectible for other appropriate reasons.
(c) Payment of cost of program.
(d) Terms and conditions, limitations, etc., of supplemental program.
(e) Arrangements by corporation with private insurers for implementation of program; election of coverage by participating plans with private insurers.
|ERISA 4223||29 USC 1403||Withdrawal liability payment fund.
(a) Establishment of or participation in fund by plan sponsors.
(c) Payments to plan; amount, criteria, etc.
(d) Application of payments by plan.
(e) Subrogation of fund to rights of plan.
(f) Discharge of rights of fiduciary of fund; standards applicable, etc.
(g) Prohibition on payments from fund to plan where certain labor negotiations involve employer withdrawn or partially withdrawn from plan and continuity of labor organization representing employees continues.
(h) Purchase of insurance by employer.
(i) Promulgation of regulations for establishment and maintenance of fund.
|ERISA 4224||29 USC 1404||Alternative method of withdrawal liability payments.|
|ERISA 4225||29 USC 1405||Limitation on withdrawal liability.
(a) Unfunded vested benefits allocable to employer in bona fide sale of assets of employer in arms-length transaction to unrelated party; maximum amount; determinative factors.
(b) Unfunded vested benefits allocable to insolvent employer undergoing liquidation or dissolution; maximum amount; determinative factors.
(c) Property not subject to enforcement of liability; precondition.
(d) Insolvency of employer; liquidation or dissolution value of employer.
(e) One or more withdrawals of employer attributable to same sale, liquidation, or dissolution.
|PART 2 - MERGER OR TRANSFER OF PLAN ASSETS OR LIABILITIES|
|ERISA 4231||29 USC 1411||Mergers and transfers between multiemployer plans.
(a) Authority of plan sponsor.
(c) Actions not deemed violation of section 1106(a) or (b)(2) of this title.
(d) Nature of plan to which liabilities are transferred.
|ERISA 4232||29 USC 1412||Transfers between a multiemployer plan and a single-employer plan.
(a) General authority.
(b) Accrued benefit of participant or beneficiary not lower immediately after effective date of transfer or merger.
(c) Liability of multiemployer plan to corporation where single-employer plan terminates within 60 months after effective date of transfer; amount of liability, exemption, etc.
(d) Guarantee of benefits under single-employer plan.
(e) Transfer of liabilities by multiemployer plan to single-employer plan.
(f) Additional requirements by corporation for protection of interests of plan participants, beneficiaries and corporation; approval by corporation of transfer of assets or liabilities to single-employer plan from plan in reorganization; covered transfers in connection with termination.
|ERISA 4233||29 USC 1413||Partition.
(a) Authority of corporation.
(b) Authority of plan sponsor upon application to corporation for partition order; procedures applicable to corporation.
(c) Authority of corporation notwithstanding pendency of partition proceeding.
(d) Scope of partition order.
(e) Nature of plan created by partition.
(f) Authority of corporation to obtain decree partitioning plan and appointing trustee for terminated portion of partitioned plan.
|ERISA 4234||29 USC 1414||Asset transfer rules.
(a) Applicability and scope.
(b) Exemption of de minimis transfers.
(c) Written reciprocity agreements.
|ERISA 4235||29 USC 1415||Transfers pursuant to change in bargaining representative.
(a) Authority to transfer from old plan to new plan pursuant to employee participation in another multiemployer plan after certified change of representative.
(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.
(c) Reduction of amount of withdrawal liability of employer upon transfer of appropriate amount of assets and liabilities by plan sponsor of old plan to new plan.
(d) Escrow payments by employer upon complete or partial withdrawal and prior to transfer.
(e) Prohibition on transfer of assets to new plan by plan sponsor of old plan; exemptions.
(f) Agreement between plan sponsors of old plan and new plan to transfer in compliance with other statutory provisions; reduction of withdrawal liability of employer from old plan; amount of withdrawal liability of employer to new plan.
|PART 3 - REORGANIZATION; MINIMUM CONTRIBUTION REQUIREMENT FOR MULTIEMPLOYER PLANS|
|ERISA 4241||29 USC 1421||Reorganization status.
(a) Reorganization index of plan for plan year greater than zero.
(b) Determination of reorganization index of plan for plan year; applicable factors, definitions, etc.
(c) Payment of benefits to participants.
(d) Terminated multiemployer plans.
|ERISA 4242||29 USC 1422||Notice of reorganization and funding requirements.|
|ERISA 4243||29 USC 1423||Minimum contribution requirement.
(a) Maintenance of funding standard account; amount of accumulated funding deficiency.
(b) Determination of amount; applicable factors.
(c) Current contribution base; valuation contribution base.
(d) Maximum amount; amount of funding standard requirement; applicability to plan amendments increasing benefits.
(e) Adjustment of vested benefits charge.
(f) Waiver of accumulated funding deficiency.
(g) Statutory methods applicable for determinations.
|ERISA 4244||29 USC 1424||Overburden credit against minimum contribution requirement.
(a) Applicability of overburden credit to determinations.
(b) Determination of overburden status of plan.
(c) Amount of overburden credit.
(d) Amount of overburden factor.
(e) Definitions; determinative factors.
(f) Eligibility of plan for overburden credit for plan year.
(g) Overburden credit where 2 or more multiemployer plans merge.
|ERISA 4244A||29 USC 1425||Adjustments in accrued benefits.
(a) Amendment of multiemployer plan in reorganization to reduce or eliminate accrued benefits attributable to employer contributions ineligible for guarantee of corporation; adjustment of vested benefits charge to reflect plan amendment.
(b) Reduction of accrued benefits; notice by plan sponsors to plan participants and beneficiaries.
(c) Recoupment by plan of excess benefit payment.
(d) Amendment of plan to increase or restore accrued benefits previously reduced or rate of future benefit accruals; conditions, applicable factors, etc.
(e) "Inactive participant" defined.
(f) Promulgation of rules; contents, etc.
|ERISA 4245||29 USC 1426||Insolvent plans.
(a) Suspension of payments of benefits; conditions, amount, etc.
(b) Determination of insolvency status for plan year; definitions.
(c) Determination by plan sponsor of plan in reorganization of resource benefit level of plan for each insolvency year; uniform application of suspension of benefits; adjustments of benefit payments.
(d) Applicability and determinations respecting plan assets; time for determinations of resource benefit level and level of basic benefits.
(e) Notice, etc., requirements of plan sponsor of plan in reorganization regarding insolvency and resource benefit levels.
(f) Financial assistance from corporation; conditions and criteria applicable.
|PART 4 - FINANCIAL ASSISTANCE|
|ERISA 4261||29 USC 1431||Assistance by corporation.
(a) Authority; procedure applicable; amount.
(b) Conditions; repayment terms.
(c) Assistance pending final determination of application.
|PART 5 - BENEFITS AFTER TERMINATION|
|ERISA 4281||29 USC 1441||Benefits under certain terminated plans.
(a) Amendment of plan by plan sponsor to reduce benefits, and suspension of benefit payments.
(b) Determinations respecting value of nonforfeitable benefits under terminated plan and value of assets of plan.
(c) Amendment of plan by plan sponsor to reduce benefits for conservation of assets; factors applicable.
(d) Suspension of benefit payments; determinative factors; powers and duties of plan sponsor; retroactive benefit payments.
|PART 6 - ENFORCEMENT|
|ERISA 4301||29 USC 1451||Civil actions.
(a) Persons entitled to maintain actions.
(b) Failure of employer to make withdrawal liability payment within prescribed time.
(c) Jurisdiction of Federal and State courts.
(d) Venue and service of process.
(e) Costs and expenses.
(f) Time limitations.
(g) Service of complaint on corporation; intervention by corporation.
|ERISA 4302||29 USC 1452||Penalty for failure to provide notice.|
|ERISA 4303||29 USC 1453||Election of plan status.
(a) Authority, time, and criteria.
(c) Effective date.
|SUBTITLE F - TRANSITION RULES AND EFFECTIVE DATES|
|ERISA 4402||29 USC 1461||Effective date; special rules.|