29 U.S.C. § 1053 | Minimum vesting standards

(a)

Nonforfeitability requirements

Each pension plan shall provide that an employee’s right to his normal retirement benefit is nonforfeitable upon the attainment of normal retirement age and in addition shall satisfy the requirements of paragraphs (1) and (2) of this subsection.

(1)

A plan satisfies the requirements of this paragraph if an employee’s rights in his accrued benefit derived from his own contributions are nonforfeitable.

(2)

(A)

(i)

In the case of a defined benefit plan, a plan satisfies the requirements of this paragraph if it satisfies the requirements of clause (ii) or (iii).

(ii)

A plan satisfies the requirements of this clause if an employee who has completed at least 5 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions.

(iii)

Years of service:	The nonforfeitable percentage is:
3	20
4	40
5	60
6	80
7 or more	100.

A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee’s accrued benefit derived from employer contributions determined under the following table:

(B)

(i)

In the case of an individual account plan, a plan satisfies the requirements of this paragraph if it satisfies the requirements of clause (ii) or (iii).

(ii)

A plan satisfies the requirements of this clause if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions.

(iii)

Years of service:	The nonforfeitable percentage is:
2	20
3	40
4	60
5	80
6 or more	100.

(3)

(A)

section 1055 of this title A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that it is not payable if the participant dies (except in the case of a survivor annuity which is payable as provided in ).

(B)

A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that the payment of benefits is suspended for such period as the employee is employed, subsequent to the commencement of payment of such benefits—

(i)

in the case of a plan other than a multiemployer plan, by an employer who maintains the plan under which such benefits were being paid; and

(ii)

in the case of a multiemployer plan, in the same industry, in the same trade or craft, and the same geographic area covered by the plan, as when such benefits commenced.

The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subparagraph, including regulations with respect to the meaning of the term “employed”.

(C)

section 1082(d)(2) of this title A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because plan amendments may be given retroactive application as provided in .

(D)

(i)

section 1054(c)(2)(C) of this title A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that, in the case of a participant who does not have a nonforfeitable right to at least 50 percent of his accrued benefit derived from employer contributions, such accrued benefit may be forfeited on account of the withdrawal by the participant of any amount attributable to the benefit derived from mandatory contributions (as defined in the last sentence of ) made by such participant.

(ii)

section 1054(c)(2)(C) of this title Clause (i) shall not apply to a plan unless the plan provides that any accrued benefit forfeited under a plan provision described in such clause shall be restored upon repayment by the participant of the full amount of the withdrawal described in such clause plus, in the case of a defined benefit plan, interest. Such interest shall be computed on such amount at the rate determined for purposes of (if such subsection applies) on the date of such repayment (computed annually from the date of such withdrawal). The plan provision required under this clause may provide that such repayment must be made (I) in the case of a withdrawal on account of separation from service, before the earlier of 5 years after the first date on which the participant is subsequently re-employed by the employer, or the close of the first period of 5 consecutive 1-year breaks in service commencing after the withdrawal; or (II) in the case of any other withdrawal, 5 years after the date of the withdrawal.

(iii)

September 2, 1974September 2, 1974September 2, 1974 In the case of accrued benefits derived from employer contributions which accrued before , a right to such accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that an amount of such accrued benefit may be forfeited on account of the withdrawal by the participant of an amount attributable to the benefit derived from mandatory contributions, made by such participant before , if such amount forfeited is proportional to such amount withdrawn. This clause shall not apply to any plan to which any mandatory contribution is made after . The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this clause.

(iv)

For purposes of this subparagraph, in the case of any class-year plan, a withdrawal of employee contributions shall be treated as a withdrawal of such contributions on a plan year by plan year basis in succeeding order of time.

(v)

Cross reference.—

section 1056(c) of this titleFor nonforfeitability where the employee has a nonforfeitable right to at least 50 percent of his accrued benefit, see .

(E)

(i)

A right to an accrued benefit derived from employer contributions under a multiemployer plan shall not be treated as forfeitable solely because the plan provides that benefits accrued as a result of service with the participant’s employer before the employer had an obligation to contribute under the plan may not be payable if the employer ceases contributions to the multiemployer plan.

(ii)

A participant’s right to an accrued benefit derived from employer contributions under a multiemployer plan shall not be treated as forfeitable solely because—

(I)

1 See References in Text note below.

the plan is amended to reduce benefits under section 1425  or 1441 of this title, or

(II)

benefit payments under the plan may be suspended under section 1426 or 1441 of this title.

(F)

section 401(m) of title 26 section 401(k)(8)(B) of title 26 section 402(g)(2)(A) of title 26 section 414(w) of title 26 section 401(m)(6)(B) of title 26 A matching contribution (within the meaning of ) shall not be treated as forfeitable merely because such contribution is forfeitable if the contribution to which the matching contribution relates is treated as an excess contribution under , an excess deferral under , an erroneous automatic contribution under , or an excess aggregate contribution under .

(b)

Computation of period of service

(1)

In computing the period of service under the plan for purposes of determining the nonforfeitable percentage under subsection (a)(2), all of an employee’s years of service with the employer or employers maintaining the plan shall be taken into account, except that the following may be disregarded:

(A)

2 So in original. The comma probably should be a semicolon.

years of service before age 18,

(B)

² years of service during a period for which the employee declined to contribute to a plan requiring employee contributions,

(C)

years of service with an employer during any period for which the employer did not maintain the plan or a predecessor plan, defined by the Secretary of the Treasury;

(D)

service not required to be taken into account under paragraph (3);

(E)

January 1, 1971December 31, 1970 years of service before , unless the employee has had at least 3 years of service after ;

(F)

years of service before this part first applies to the plan if such service would have been disregarded under the rules of the plan with regard to breaks in service, as in effect on the applicable date; and

(G)

in the case of a multiemployer plan, years of service—

(i)

with an employer after—

(I)

section 1383 of this title a complete withdrawal of such employer from the plan (within the meaning of ), or

(II)

section 1385(b)(2)(A)(i) of this title to the extent permitted by regulations prescribed by the Secretary of the Treasury, a partial withdrawal described in in connection with the decertification of the collective bargaining representative; and

(ii)

section 1348 of this title with any employer under the plan after the termination date of the plan under .

(2)

(A)

For purposes of this section, except as provided in subparagraph (C), the term “year of service” means a calendar year, plan year, or other 12-consecutive month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has completed 1,000 hours of service.

(B)

section 1052(a)(3)(C) of this title For purposes of this section, the term “hour of service” has the meaning provided by .

(C)

In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term “year of service” shall be such period as determined under regulations of the Secretary.

(D)

For purposes of this section, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The Secretary may prescribe regulations to carry out the purposes of this subparagraph.

(3)

(A)

For purposes of this paragraph, the term “1-year break in service” means a calendar year, plan year, or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has not completed more than 500 hours of service.

(B)

For purposes of paragraph (1), in the case of any employee who has any 1-year break in service, years of service before such break shall not be required to be taken into account until he has completed a year of service after his return.

(C)

section 1054(b)(1)(F) of this title For purposes of paragraph (1), in the case of any participant in an individual account plan or an insured defined benefit plan which satisfies the requirements of sub who has 5 consecutive 1-year breaks in service, years of service after such 5-year period shall not be required to be taken into account for purposes of determining the nonforfeitable percentage of his accrued benefit derived from employer contributions which accrued before such 5-year period.

(D)

(i)

For purposes of paragraph (1), in the case of a nonvested participant, years of service with the employer or employers maintaining the plan before any period of consecutive 1-year breaks in service shall not be required to be taken into account if the number of consecutive 1-year breaks in service within such period equals or exceeds the greater of—

(I)

5, or

(II)

the aggregate number of years of service before such period.

(ii)

If any years of service are not required to be taken into account by reason of a period of breaks in service to which clause (i) applies, such years of service shall not be taken into account in applying clause (i) to a subsequent period of breaks in service.

(iii)

For purposes of clause (i), the term “nonvested participant” means a participant who does not have any nonforfeitable right under the plan to an accrued benefit derived from employer contributions.

(E)

(i)

In the case of each individual who is absent from work for any period—

(I)

by reason of the pregnancy of the individual,

(II)

by reason of the birth of a child of the individual,

(III)

by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, or

(IV)

for purposes of caring for such child for a period beginning immediately following such birth or placement,

the plan shall treat as hours of service, solely for purposes of determining under this paragraph whether a 1-year break in service has occurred, the hours described in clause (ii).

(ii)

The hours described in this clause are—

(I)

the hours of service which otherwise would normally have been credited to such individual but for such absence, or

(II)

in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence,

except that the total number of hours treated as hours of service under this clause by reason of such pregnancy or placement shall not exceed 501 hours.

(iii)

The hours described in clause (ii) shall be treated as hours of service as provided in this subparagraph—

(I)

only in the year in which the absence from work begins, if a participant would be prevented from incurring a 1-year break in service in such year solely because the period of absence is treated as hours of service as provided in clause (i); or

(II)

in any other case, in the immediately following year.

(iv)

For purposes of this subparagraph, the term “year” means the period used in computations pursuant to paragraph (2).

(v)

A plan may provide that no credit will be given pursuant to this subparagraph unless the individual furnishes to the plan administrator such timely information as the plan may reasonably require to establish—

(I)

that the absence from work is for reasons referred to in clause (i), and

(II)

the number of days for which there was such an absence.

(4)

Part-time employees .—

section 1052(c)(1)(B) of this titleFor purposes of determining whether an employee who became eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of has a nonforfeitable right to employer contributions—

(A)

except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service; and

(B)

paragraph (3) shall be applied by substituting “at least 500 hours of service” for “more than 500 hours of service” in subparagraph (A) thereof.

section 1052(a)(3)(A) of this titleJanuary 1, 2023For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of , except that 12-month periods beginning before , shall not be taken into account.

(5)

Cross references

(A)

For definitions of “accrued benefit” and “normal retirement age”, see sections 1002(23) and (24) of this title.

(B)

section 1054(d)(1) of this title For effect of certain cash out distributions, see .

(c)

Plan amendments altering vesting schedule

(1)

(A)

A plan amendment changing any vesting schedule under the plan shall be treated as not satisfying the requirements of subsection (a)(2) if the nonforfeitable percentage of the accrued benefit derived from employer contributions (determined as of the later of the date such amendment is adopted, or the date such amendment becomes effective) of any employee who is a participant in the plan is less than such nonforfeitable percentage computed under the plan without regard to such amendment.

(B)

A plan amendment changing any vesting schedule under the plan shall be treated as not satisfying the requirements of subsection (a)(2) unless each participant having not less than 3 years of service is permitted to elect, within a reasonable period after adoption of such amendment, to have his nonforfeitable percentage computed under the plan without regard to such amendment.

(2)

section 401(a)(4) of title 26 Subsection (a) shall not apply to benefits which may not be provided for designated employees in the event of early termination of the plan under provisions of the plan adopted pursuant to regulations prescribed by the Secretary of the Treasury to preclude the discrimination prohibited by .

(d)

Nonforfeitable benefits after lesser period and in greater amounts than required

A pension plan may allow for nonforfeitable benefits after a lesser period and in greater amounts than are required by this part.

(e)

Consent for distribution; present value; covered distributions

(1)

If the present value of any nonforfeitable benefit with respect to a participant in a plan exceeds $7,000, the plan shall provide that such benefit may not be immediately distributed without the consent of the participant.

(2)

section 1055(g)(3) of this title For purposes of paragraph (1), the present value shall be calculated in accordance with .

(3)

section 404(k) of title 26 This subsection shall not apply to any distribution of dividends to which applies.

(4)

A plan shall not fail to meet the requirements of this subsection if, under the terms of the plan, the present value of the nonforfeitable accrued benefit is determined without regard to that portion of such benefit which is attributable to rollover contributions (and earnings allocable thereto). For purposes of this subparagraph, the term “rollover contributions” means any rollover contribution under sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of title 26.

(f)

Special rules for plans computing accrued benefits by reference to hypothetical account balance or equivalent amounts

(1)

In general

An applicable defined benefit plan shall not be treated as failing to meet—

(A)

subject to paragraph (2), the requirements of subsection (a)(2), or

(B)

the requirements of section 1054(c) or 1055(g) of this title, or the requirements of subsection (e), with respect to accrued benefits derived from employer contributions,

solely because the present value of the accrued benefit (or any portion thereof) of any participant is, under the terms of the plan, equal to the amount expressed as the balance in the hypothetical account described in paragraph (3) or as an accumulated percentage of the participant’s final average compensation.

(2)

3-year vesting

In the case of an applicable defined benefit plan, such plan shall be treated as meeting the requirements of subsection (a)(2) only if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions.

(3)

Applicable defined benefit plan and related rules

For purposes of this subsection—

(A)

In general

The term “applicable defined benefit plan” means a defined benefit plan under which the accrued benefit (or any portion thereof) is calculated as the balance of a hypothetical account maintained for the participant or as an accumulated percentage of the participant’s final average compensation.

(B)

Regulations to include similar plans

The Secretary of the Treasury shall issue regulations which include in the definition of an applicable defined benefit plan any defined benefit plan (or any portion of such a plan) which has an effect similar to an applicable defined benefit plan.

Pub. L. 93–406, title I, § 203Sept. 2, 197488 Stat. 854 Pub. L. 96–364, title III, § 303Sept. 26, 198094 Stat. 1292 Pub. L. 98–397, title IAug. 23, 198498 Stat. 1426–1428 Pub. L. 99–514, title XIOct. 22, 1986100 Stat. 2447 Pub. L. 101–239, title VIIDec. 19, 1989103 Stat. 2430 Pub. L. 103–465, title VII, § 767(c)(1)Dec. 8, 1994108 Stat. 5039 Pub. L. 104–188, title I, § 1442(b)Aug. 20, 1996110 Stat. 1808 Pub. L. 105–34, title X, § 1071(b)(1)Aug. 5, 1997111 Stat. 948 Pub. L. 107–16, title VIJune 7, 2001115 Stat. 116 Pub. L. 108–311, title IV, § 408(b)(8)Oct. 4, 2004118 Stat. 1193 Pub. L. 109–280, title I, § 108(a)(4)Aug. 17, 2006120 Stat. 819 Pub. L. 111–192, title II, § 202(a)June 25, 2010124 Stat. 1297 Pub. L. 110–458, title I, § 107(a)(1)Dec. 23, 2008122 Stat. 5107 Pub. L. 117–328, div. T, title I, § 125(b)Dec. 29, 2022136 Stat. 5315(, , ; , , ; , §§ 102(b), (c), (d)(2), (e)(2), 105(a), , , 1436; , §§ 1113(e)(1), (2), (4)(A), 1139(c)(1), title XVIII, § 1898(a)(1)(B), (4)(B)(i), (d)(1)(B), (2)(B), , , 2448, 2487, 2942, 2944, 2955; , §§ 7861(a)(1), (5)(B), (6)(B), 7862(d)(4), (5), (10), 7891(a)(1), (b)(1), (2), 7894(c)(3), , , 2434, 2445, 2449; , , ; , , ; , , ; , §§ 633(b), 648(a)(2), , , 127; , , ; , formerly § 107(a)(4), title VII, § 701(a)(2), title IX, §§ 902(d)(2)(E), 904(b), , , 984, 1038, 1049, renumbered , , ; , , ; , title III, § 304(a), , , 5341.)

Editorial Notes

References in Text

Section 1425 of this title Pub. L. 113–235, div. O, title I, § 108(a)(1)Dec. 16, 2014128 Stat. 2786, referred to in subsec. (a)(3)(E)(ii)(I), was repealed by , , .

Amendments

Pub. L. 117–328, § 125(b)2022—Subsec. (b)(4), (5). , added par. (4) and redesignated former par. (4) as (5).

Pub. L. 117–328, § 304(a)Subsec. (e)(1). , substituted “$7,000” for “$5,000”.

Pub. L. 110–458 section 1054(c) of this title section 1055(g) of this title2008—Subsec. (f)(1)(B). amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the requirements of or with respect to contributions other than employee contributions,”.

Pub. L. 109–280, § 904(b)(1)2006—Subsec. (a)(2). , amended par. (2) generally, substituting provisions relating to satisfaction of requirements in the case of a defined benefit plan and in the case of an individual account plan for provisions relating to satisfaction of requirements if an employee who has completed at least 5 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions or if an employee has a nonforfeitable right to a percentage of such benefit based upon number of years of service.

Pub. L. 109–280, § 108(a)(4)Pub. L. 111–192Subsec. (a)(3)(C). , formerly § 107(a)(4), as renumbered by , substituted “1082(d)(2)” for “1082(c)(8)”.

Pub. L. 109–280, § 902(d)(2)(E)section 414(w) of title 26Subsec. (a)(3)(F). , inserted “an erroneous automatic contribution under ,” before “or an excess aggregate contribution”.

Pub. L. 109–280, § 904(b)(2)section 401(m)(4)(A) of title 26Subsec. (a)(4). , struck out par. (4), which related to application of par. (2) in the case of matching contributions, as defined in .

Pub. L. 109–280, § 701(a)(2)Subsec. (f). , added subsec. (f).

Pub. L. 108–3112004—Subsec. (a)(4)(B). substituted “6 or more” for “6” in table.

Pub. L. 107–16, § 633(b)(1)2001—Subsec. (a)(2). , substituted “Except as provided in paragraph (4), a plan” for “A plan” in introductory provisions.

Pub. L. 107–16, § 633(b)(2)Subsec. (a)(4). , added par. (4).

Pub. L. 107–16, § 648(a)(2)Subsec. (e)(4). , added par. (4).

Pub. L. 105–341997—Subsec. (e)(1). substituted “$5,000” for “$3,500”.

Pub. L. 104–188, § 1442(b)(1)1996—Subsec. (a)(2). , substituted “subparagraph (A) or (B)” for “subparagraph (A), (B), or (C)” in introductory provisions.

Pub. L. 104–188, § 1442(b)(2)Subsec. (a)(2)(C). , struck out subpar. (C) which read as follows: “A plan satisfies the requirements of this subparagraph if—

“(i) the plan is a multiemployer plan (within the meaning of section 1002(37)), and

“(ii) under the plan—

section 1002(37)(A)(ii) of this title“(I) an employee who is covered pursuant to a collective bargaining agreement described in and who has completed at least 10 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions, and

“(II) the requirements of subparagraph (A) or (B) are met with respect to employees not described in subclause (I).”

Pub. L. 103–4651994—Subsec. (e)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2)(A) For purposes of paragraph (1), the present value shall be calculated—

“(i) by using an interest rate no greater than the applicable interest rate if the vested accrued benefit (using such rate) is not in excess of $25,000, and

“(ii) by using an interest rate no greater than 120 percent of the applicable interest rate if the vested accrued benefit exceeds $25,000 (as determined under clause (i)).

In no event shall the present value determined under subclause (II) be less than $25,000.

“(B) For purposes of subparagraph (A), the term ‘applicable interest rate’ means the interest rate which would be used (as of the date of the distribution) by the Pension Benefit Guaranty Corporation for purposes of determining the present value of a lump sum distribution on plan termination.”

Pub. L. 101–239, § 7861(a)(1)(A)1989—Subsec. (a)(2). , substituted “satisfies the requirements” for “satisfies the following requirements” in introductory provisions.

Pub. L. 101–239, § 7861(a)(1)(B)section 1002(37)(A)(ii) of this titleSubsec. (a)(2)(C)(ii)(I). , substituted “” for “section 414(f)(1)(B)”.

Pub. L. 101–239, § 7894(c)(3)Subsec. (a)(3)(D)(v). , substituted “nonforfeitability” for “nonforfeitably”.

Pub. L. 101–239, § 7861(a)(5)(B)Subsec. (a)(3)(F). , added subpar. (F).

Pub. L. 101–239, § 7861(a)(6)(B)Subsec. (b)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “years of service before age 18, except that in case of a plan which does not satisfy subparagraph (A) or (B) of subsection (a)(2), the plan may not disregard any such year of service during which the employee was a participant;”.

Pub. L. 101–239, § 7891(a)(1)Subsec. (c)(2). , substituted “Internal Revenue 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.

Pub. L. 101–239, § 7862(d)(10)Pub. L. 101–239, § 7862(d)(5)Subsec. (e)(1). , which directed amendment of par. (1) by substituting “nonforfeitable benefit” for “vested accrued benefit”, could not be executed because the language “vested accrued benefit” did not appear after the amendment by , see below.

Pub. L. 101–239, § 7862(d)(5), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “If the present value of any vested accrued benefit exceeds $3,500, a pension plan shall provide that such benefit may not be immediately distributed without the consent of the participant.”

Pub. L. 101–239, § 7862(d)(4)Pub. L. 99–514, § 1898(d)(1)(B), made technical correction to , see 1986 Amendment note below.

Pub. L. 101–239, § 7891(b)(1)Subsec. (e)(2). , (2), realigned margins of subpars. (A) and (B) and struck out subpar. (B) heading “Applicable interest rate”.

Pub. L. 101–239, § 7891(a)(1)Subsec. (e)(3). , substituted “Internal Revenue 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.

Pub. L. 99–514, § 1113(e)(1)1986—Subsec. (a)(2). , amended par. (2) generally, substituting provisions covering 5-year vesting, 3- to 7-year vesting, and multiemployer plans, for former provisions which covered 10-year vesting, 5- to 15-year vesting, and the “rule of 45” under which a plan satisfied the requirements of this paragraph if an employee who had completed at least 5 years of service and with respect to whom the sum of his age and years of service equalled or exceeded 45 had a right to a percentage of his accrued benefits derived from employer contributions.

Pub. L. 99–514, § 1898(a)(4)(B)(i)Subsec. (a)(3)(D)(ii). , inserted last sentence and struck out former last sentence which read as follows: “In the case of a defined contribution plan the plan provision required under this clause may provide that such repayment must be made before the participant has any 1-year break in service commencing after the withdrawal.”

Pub. L. 99–514, § 1113(e)(4)(A)Subsec. (c)(1)(B). , substituted “3 years” for “5 years”.

Pub. L. 99–514, § 1113(e)(2)Subsec. (c)(3). , struck out par. (3) which provided for class year vesting.

Pub. L. 99–514, § 1898(a)(1)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The requirements of subsection (a)(2) shall be deemed to be satisfied in the case of a class year plan if such plan provides that 100 percent of each employee’s right to or derived from the contributions of the employer on his behalf with respect to any plan year are nonforfeitable not later than the end of the 5th year following the plan year for which such contributions were made. For purposes of this part, the term ‘class year plan’ means a profit sharing, stock bonus, or money purchase plan which provides for the separate nonforfeitability of employees’ rights to or derived from the contributions for each plan year.”

Pub. L. 99–514, § 1898(d)(1)(B)Pub. L. 101–239, § 7862(d)(4)Subsec. (e)(1). , as amended by , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “If the present value of any accrued benefit exceeds $3,500, such benefit shall not be treated as nonforfeitable if the plan provides that the present value of such benefit could be immediately distributed without the consent of the participant.”

Pub. L. 99–514, § 1139(c)(1)Subsec. (e)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of paragraph (1), the present value shall be calculated by using an interest rate not greater than the interest rate which would be used (as of the date of the distribution) by the Pension Benefit Guaranty Corporation for purposes of determining the present value of a lump sum distribution on plan termination.”

Pub. L. 99–514, § 1898(d)(2)(B), added par. (3).

Pub. L. 98–397, § 102(b)1984—Subsec. (b)(1)(A). , substituted “18” for “22”.

Pub. L. 98–397, § 102(c)Subsec. (b)(3)(C). , substituted “5 consecutive 1-year breaks in service” for “any 1-year break in service” and substituted “such 5-year period” for “such break” in two places.

Pub. L. 98–397, § 102(d)(2)Subsec. (b)(3)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “For purposes of paragraph (1), in the case of a participant who, under the plan, does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service before any 1-year break in service shall not be required to be taken into account if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service prior to such break. Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this subparagraph by reason of any prior break in service.”

Pub. L. 98–397, § 102(e)(2)Subsec. (b)(3)(E). , added subpar. (E).

Pub. L. 98–397, § 105(a)Subsec. (e). , added subsec. (e).

Pub. L. 96–364, § 303(1)1980—Subsec. (a)(3)(E). , added subpar. (E).

Pub. L. 96–364, § 303(2)Subsec. (b)(1)(G). –(4), added subpar. (G).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

section 125(b) of Pub. L. 117–328Dec. 31, 2024section 125(f)(1) of Pub. L. 117–328 section 401 of Title 26Amendment by applicable to plan years beginning after , see , set out as a note under , Internal Revenue Code.

section 304(a) of Pub. L. 117–328Dec. 31, 2023section 304(b) of Pub. L. 117–328 section 401 of Title 26Amendment by applicable to distributions made after , see , set out as a note under , Internal Revenue Code.

Effective Date of 2008 Amendment

Pub. L. 110–458 Pub. L. 109–280 section 112 of Pub. L. 110–458 section 72 of Title 26Amendment by effective as if included in the provisions of to which the amendment relates, except as otherwise provided, see , set out as a note under , Internal Revenue Code.

Effective Date of 2006 Amendment

section 108(a)(4) of Pub. L. 109–280 section 108(e) of Pub. L. 109–280 section 1021 of this titleAmendment by applicable to plan years beginning after 2007, see , set out as a note under .

section 701(a)(2) of Pub. L. 109–280June 29, 2005Aug. 17, 2006June 29, 2005June 29, 2005section 701(e) of Pub. L. 109–280 section 411 of Title 26Amendment by applicable to periods beginning on or after , and to distributions made after , with provisions relating to vesting and interest credit requirements for plans in existence on , special rule for collectively bargained plans, and provisions relating to conversions of plan amendments adopted after, and taking effect after, , see , set out as a note under , Internal Revenue Code.

section 902(d)(2)(E) of Pub. L. 109–280Dec. 31, 2007section 902(g) of Pub. L. 109–280 section 401 of Title 26Amendment by applicable to plan years beginning after , see , set out as a note under , Internal Revenue Code.

section 904(b) of Pub. L. 109–280Dec. 31, 2006section 904(c) of Pub. L. 109–280 section 411 of Title 26Amendment by applicable to contributions for plan years beginning after , with provisions relating to collective bargaining agreements and amount of service required in any plan year and special rule for stock ownership plans, see , set out as a note under , Internal Revenue Code.

Effective Date of 2001 Amendment

section 633(b) of Pub. L. 107–16Dec. 31, 2001June 7, 2001section 633(c) of Pub. L. 107–16 section 411 of Title 26Amendment by applicable to contributions for plan years beginning after , with exception in the case of a plan maintained pursuant to one or more collective bargaining agreements ratified by , and service requirement with respect to any plan, see , set out as a note under , Internal Revenue Code.

section 648(a)(2) of Pub. L. 107–16Dec. 31, 2001section 648(c) of Pub. L. 107–16 section 411 of Title 26Amendment by applicable to distributions after , see , set out as a note under , Internal Revenue Code.

Effective Date of 1997 Amendment

Pub. L. 105–34Aug. 5, 1997section 1071(c) of Pub. L. 105–34 section 411 of Title 26Amendment by applicable to plan years beginning after , see , set out as a note under , Internal Revenue Code.

Effective Date of 1996 Amendment

Pub. L. 104–188Jan. 1, 1997Aug. 20, 1996Jan. 1, 1999section 1442(c) of Pub. L. 104–188 section 411 of Title 26Amendment by applicable to plan years beginning on or after the earlier of (1) the later of (A) , or (B) the date on which the last of the collective bargaining agreements pursuant to which the plan is maintained terminates (determined without regard to any extension thereof after ), or (2) , but such amendment not applicable to any individual who does not have more than 1 hour of service under the plan on or after the 1st day of the 1st plan year to which such amendment applies, see , set out as a note under , Internal Revenue Code.

Effective Date of 1994 Amendment

Pub. L. 103–465Dec. 31, 1994Dec. 8, 1994section 767(d) of Pub. L. 103–465 section 411 of Title 26Amendment by applicable to plan years and limitation years beginning after , except that employer may elect to treat such amendment as effective on or after , with provisions relating to reduction of accrued benefits, exception, and timing of plan amendment, see , as amended, set out as a note under , Internal Revenue Code.

Effective Date of 1989 Amendment

Pub. L. 101–239 Pub. L. 99–514 section 7863 of Pub. L. 101–239 section 106 of Title 26Amendment by sections 7861(a)(1), (5)(B), (6)(B) and 7862(d)(4), (5), (10) of effective as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under , Internal Revenue Code.

Pub. L. 101–239 Pub. L. 99–514 section 7891(f) of Pub. L. 101–239 section 1002 of this titleAmendment by section 7891(a)(1), (b)(1), (2) of effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

section 7894(c)(3) of Pub. L. 101–239 Pub. L. 93–406 section 7894(i) of Pub. L. 101–239 section 1002 of this titleAmendment by effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, , to which such amendment relates, see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–514Dec. 31, 1988Mar. 1, 1986section 1113(f) of Pub. L. 99–514 section 411 of Title 26Amendment by section 1113(e)(1), (2), (4)(A) of applicable to plan years beginning after , with special rule for plans maintained pursuant to collective bargaining agreements ratified before , and not applicable to employees who do not have 1 hour of service in any plan year to which the amendment applies, see , as amended, set out as a note under , Internal Revenue Code.

section 1139(c)(1) of Pub. L. 99–514Dec. 31, 1984Dec. 31, 1984Jan. 1, 1987Pub. L. 98–397 section 1139(d) of Pub. L. 99–514 section 411 of Title 26Amendment by applicable to distributions in plan years beginning after , except that such amendments shall not apply to any distributions in plan years beginning after , and before , if such distributions were made in accordance with the requirements of the regulations issued under the Retirement Equity Act of 1984, , with additional provisions relating to reductions in accrued benefits, see , set out as a note under .

section 1898(a)(1)(B) of Pub. L. 99–514Oct. 22, 1986section 302(b) of Pub. L. 98–397 section 1001 of this title Pub. L. 98–397 section 1898(a)(1)(C) of Pub. L. 99–514 section 411 of Title 26Amendment by applicable to contributions made for plan years beginning after , except that in the case of a plan described in , set out as a note under , such amendments shall not apply to any plan year to which amendments made by do not apply by reason of such section 302(b), see , set out as a note under .

Pub. L. 99–514 Pub. L. 98–397 section 1898(j) of Pub. L. 99–514 section 401 of Title 26Amendment by section 1898(a)(4)(B)(i), (d)(1)(B), (2)(B), of effective as if included in the provision of the Retirement Equity Act of 1984, , to which such amendment relates, except as otherwise provided, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–397Dec. 31, 1984Pub. L. 98–397 section 1001 of this titleAmendment by applicable to plan years beginning after , except as otherwise provided, see sections 302 and 303 of , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–364Sept. 26, 1980section 1461(e) of this titleAmendment by effective , except as specifically provided, see .

Regulations

Feb. 1, 1988section 1113 of Pub. L. 99–514 section 1141 of Pub. L. 99–514 section 401 of Title 26Secretary of the Treasury or his delegate to issue before , final regulations to carry out amendments made by , see , set out as a note under , Internal Revenue Code.

Sept. 2, 1974section 1031 of this titleSecretary authorized, effective , to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see .

Pub. L. 109–280Applicability of Amendments by Subtitles A and B of Title I of

Pub. L. 109–280 Pub. L. 109–280 section 401 of Title 26For special rules on applicability of amendments by subtitles A (§§ 101–108) and B (§§ 111–116) of title I of to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of , set out as notes under , Internal Revenue Code.

Plan Amendments Not Required Until January 1, 1998

Pub. L. 104–188Jan. 1, 1998section 1465 of Pub. L. 104–188 section 401 of Title 26For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after , see , set out as a note under , Internal Revenue Code.

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514Jan. 1, 1989section 1140 of Pub. L. 99–514 section 401 of Title 26For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under , Internal Revenue Code.