US Code

Public Law 119-73 (01/23/2026)

29 U.S.C. § 1301

Definitions

(a)
For purposes of this subchapter, the term—
(1)
section 1002 of this title “administrator” means the person or persons described in paragraph (16) of ;
(2)
“substantial employer”, for any plan year of a single-employer plan, means one or more persons—
(A)
who are contributing sponsors of the plan in such plan year,
(B)
who, at any time during such plan year, are members of the same controlled group, and
(C)
whose required contributions to the plan for each plan year constituting one of—
(i)
the two immediately preceding plan years, or
(ii)
the first two of the three immediately preceding plan years,
total an amount greater than or equal to 10 percent of all contributions required to be paid to or under the plan for such plan year;
(3)
“multiemployer plan” means a plan—
(A)
to which more than one employer is required to contribute,
(B)
which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer, and
(C)
which satisfies such other requirements as the Secretary of Labor may prescribe by regulation,
except that, in applying this paragraph—
(i)
a plan shall be considered a multiemployer plan on and after its termination date if the plan was a multiemployer plan under this paragraph for the plan year preceding such termination, and
(ii)
section 414(f) of title 26 for any plan year which began before , the term “multiemployer plan” means a plan described in as in effect immediately before such date;
(4)
section 1302 of this title “corporation”, except where the context clearly requires otherwise, means the Pension Benefit Guaranty Corporation established under ;
(5)
section 1305 of this title “fund” means the appropriate fund established under ;
(6)
section 1322 of this title1
1 See References in Text note below.
section 1322a of this titlesection 1322a(g) of this title “basic benefits” means benefits guaranteed under (other than under section 1322(c)  of this title), or under (other than under );
(7)
1 “non-basic benefits” means benefits guaranteed under section 1322(c)  of this title or 1322a(g) of this title;
(8)
“nonforfeitable benefit” means, with respect to a plan, a benefit for which a participant has satisfied the conditions for entitlement under the plan or the requirements of this chapter (other than submission of a formal application, retirement, completion of a required waiting period, or death in the case of a benefit which returns all or a portion of a participant’s accumulated mandatory employee contributions upon the participant’s death), whether or not the benefit may subsequently be reduced or suspended by a plan amendment, an occurrence of any condition, or operation of this chapter or title 26;
(9)
Pub. L. 113–235, div. O, title I, § 108(a)(3)(A)128 Stat. 2787 Repealed. , , .
(10)
“plan sponsor” means, with respect to a multiemployer plan—
(A)
the plan’s joint board of trustees, or
(B)
if the plan has no joint board of trustees, the plan administrator;
(11)
“contribution base unit” means a unit with respect to which an employer has an obligation to contribute under a multiemployer plan, as defined in regulations prescribed by the Secretary of the Treasury;
(12)
“outstanding claim for withdrawal liability” means a plan’s claim for the unpaid balance of the liability determined under part 1 of subtitle E for which demand has been made, valued in accordance with regulations prescribed by the corporation;
(13)
section 1082(b)(1) of this titlesection 1082(b)(2) of this titlesection 412(b)(1) of title 262
2 So in original. The period probably should be a semicolon.
“contributing sponsor”, of a single-employer plan, means a person described in (without regard to ) or (without regard to section 412(b)(2) of such title).
(14)
in the case of a single-employer plan—
(A)
“controlled group” means, in connection with any person, a group consisting of such person and all other persons under common control with such person;
(B)
section 414 of title 26 the determination of whether two or more persons are under “common control” shall be made under regulations of the corporation which are consistent and coextensive with regulations prescribed for similar purposes by the Secretary of the Treasury under subsections (b) and (c) of ; and
(C)
(i)
notwithstanding any other provision of this subchapter, during any period in which an individual possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of an affected air carrier of which he was an accountable owner, whether through the ownership of voting securities, by contract, or otherwise, the affected air carrier shall be considered to be under common control not only with those persons described in subparagraph (B), but also with all related persons; and
(ii)
for purposes of this subparagraph, the term—
(I)
section 40102(a)(2) of title 49section 41102 of title 49 “affected air carrier” means an air carrier, as defined in , that holds a certificate of public convenience and necessity under for route number 147, as of ;
(II)
“related person” means any person which was under common control (as determined under subparagraph (B)) with an affected air carrier on , or any successor to such related person;
(III)
section 318 of title 26 “accountable owner” means any individual who on , owned directly or indirectly through the application of more than 50 percent of the total voting power of the stock of an affected air carrier;
(IV)
section 318 of title 26section 1002(20) of this title “successor” means any person that acquires, directly or indirectly through the application of , more than 50 percent of the total voting power of the stock of a related person, more than 50 percent of the total value of the securities (as defined in ) of the related person, more than 50 percent of the total value of the assets of the related person, or any person into which such related person shall be merged or consolidated; and
(V)
“individual” means a living human being;
(15)
section 1002(35) of this title “single-employer plan” means any defined benefit plan (as defined in ) which is not a multiemployer plan;
(16)
section 401(a)(2) of title 26 “benefit liabilities” means the benefits of employees and their beneficiaries under the plan (within the meaning of );
(17)
“amount of unfunded guaranteed benefits”, of a participant or beneficiary as of any date under a single-employer plan, means an amount equal to the excess of—
(A)
section 1344 of this titlesection 1322 of this title the actuarial present value (determined as of such date on the basis of assumptions prescribed by the corporation for purposes of ) of the benefits of the participant or beneficiary under the plan which are guaranteed under , over
(B)
section 1344 of this title the current value (as of such date) of the assets of the plan which are required to be allocated to those benefits under ;
(18)
“amount of unfunded benefit liabilities” means, as of any date, the excess (if any) of—
(A)
section 1344 of this title the value of the benefit liabilities under the plan (determined as of such date on the basis of assumptions prescribed by the corporation for purposes of ), over
(B)
the current value (as of such date) of the assets of the plan;
(19)
“outstanding amount of benefit liabilities” means, with respect to any plan, the excess (if any) of—
(A)
section 1344 of this title the value of the benefit liabilities under the plan (determined as of the termination date on the basis of assumptions prescribed by the corporation for purposes of ), over
(B)
section 1322 of this titlesection 1344 of this title the value of the benefit liabilities which would be so determined by only taking into account benefits which are guaranteed under or to which assets of the plan are allocated under ;
(20)
section 1002(9) of this title “person” has the meaning set forth in ;
(21)
“affected party” means, with respect to a plan—
(A)
each participant in the plan,
(B)
section 1056(d)(3)(K) of this titlesection 1056(d)(3)(B)(i) of this title each beneficiary under the plan who is a beneficiary of a deceased participant or who is an alternate payee (within the meaning of ) under an applicable qualified domestic relations order (within the meaning of ),
(C)
each employee organization representing participants in the plan, and
(D)
the corporation,
except that, in connection with any notice required to be provided to the affected party, if an affected party has designated, in writing, a person to receive such notice on behalf of the affected party, any reference to the affected party shall be construed to refer to such person.
(b)
(1)
section 401(c)(1) of title 26section 414(c) of title 26 An individual who owns the entire interest in an unincorporated trade or business is treated as his own employer, and a partnership is treated as the employer of each partner who is an employee within the meaning of . For purposes of this subchapter, under regulations prescribed by the corporation, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a single employer and all such trades and businesses as a single employer. The regulations prescribed under the preceding sentence shall be consistent and coextensive with regulations prescribed for similar purposes by the Secretary of the Treasury under .
(2)
For purposes of subtitle E—
(A)
3
3 See References in Text note below.
except as otherwise provided in subtitle E, contributions or other payments shall be considered made under a plan for a plan year if they are made within the period prescribed under section 412(c)(10)  of title 26 (determined, in the case of a terminated plan, as if the plan had continued beyond the termination date), and
(B)
the term “Secretary of the Treasury” means the Secretary of the Treasury or such Secretary’s delegate.

Pub. L. 93–406, title IV, § 400188 Stat. 1003Pub. L. 96–364, title IV, § 402(a)(1)94 Stat. 1296Pub. L. 99–272, title XI, § 11004100 Stat. 238Pub. L. 100–203, title IX101 Stat. 1330–363Pub. L. 101–239, title VII, § 7891(a)(1)103 Stat. 2445Pub. L. 102–229, title II, § 214105 Stat. 1718Pub. L. 103–465, title VII, § 761(a)(11)108 Stat. 5034Pub. L. 109–280, title I, § 108(b)(1)120 Stat. 819Pub. L. 111–192, title II, § 202(a)124 Stat. 1297Pub. L. 113–235, div. O, title I, § 108(a)(3)(A)128 Stat. 2787(, , ; , , ; , , ; , §§ 9312(b)(4), (5), 9313(a)(2)(F), , , 1330–365; , , ; , , ; , , ; , formerly § 107(b)(1), , , renumbered , , ; , , .)

Editorial Notes

References in Text

Section 1322(c) of this titlesection 1322(d) of this titlePub. L. 100–203, title IX, § 9312(b)(3)(A)(i)101 Stat. 1330–362, referred to in subsec. (a)(6), (7), was redesignated by , , .

Pub. L. 93–406section 1001 of this titleThis chapter, referred to in subsec. (a)(8), was in the original “this Act”, meaning , known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 109–280, title I, § 111(a)120 Stat. 820Section 412, referred to in subsec. (b)(2)(A), was amended generally by , , , and as so amended, no longer contains a subsec. (c)(10).

Codification

section 40102(a)(2) of title 49section 41102 of title 49Pub. L. 103–272, § 6(b)108 Stat. 1378In subsec. (a)(14)(C)(ii)(I), “” substituted for “section 101(3) of the Federal Aviation Act of 1958” and “” substituted for “section 401 of such Act” on authority of , , , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

Pub. L. 113–2352014—Subsec. (a)(9). struck out par. (9) which defined “reorganization index”.

Pub. L. 109–2802006—Subsec. (a)(13). substituted “1082(b)(1)” for “1082(c)(11)(A)”, “1082(b)(2)” for “1082(c)(11)(B)”, “412(b)(1)” for “412(c)(11)(A)”, and “412(b)(2)” for “412(c)(11)(B)”.

Pub. L. 103–465section 1082(c)(11)(A) of this titlesection 1082(c)(11)(B) of this titlesection 412(c)(11)(A) of title 261994—Subsec. (a)(13). substituted “means a person described in (without regard to ) or (without regard to section 412(c)(11)(B) of such title).” for “means a person—

section 1082 of this titlesection 412 of title 26“(A) who is responsible, in connection with such plan, for meeting the funding requirements under or , or

“(B) who is a member of the controlled group of a person described in subparagraph (A), has been responsible for meeting such funding requirements, and has employed a significant number (as may be defined in regulations of the corporation) of participants under such plan while such person was so responsible;”.

Pub. L. 102–2291991—Subsec. (a)(14)(C). , which directed the amendment of section 4001(a)(14) of the Employment Retirement Income Security Act of 1974 by adding subpar. (C), was executed to section 4001(a)(14) of the Employee Retirement Income Security Act of 1974, which is classified to this section, to reflect the probable intent of Congress.

Pub. L. 101–2391989—Subsecs. (a)(8), (13)(A), (14)(B), (b)(1), (2)(A). 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. 100–203, § 9312(b)(4)1987—Subsec. (a)(16). , amended par. (16) generally. Prior to amendment, par. (16) read as follows: “ ‘benefit commitments’, to a participant or beneficiary as of any date under a single-employer plan, means all benefits provided by the plan with respect to the participant or beneficiary which—

section 1322 of this title“(A) are guaranteed under ,

section 1322 of this titlesection 1322(b) of this title“(B) would be guaranteed under , but for the operation of sub, or

“(C) constitute—

“(i) early retirement supplements or subsidies, or

“(ii) plant closing benefits,

section 1322 of this titleirrespective of whether any such supplements, subsidies, or benefits are benefits guaranteed under , if the participant or beneficiary has satisfied, as of such date, all of the conditions required of him or her under the provisions of the plan to establish entitlement to the benefits, except for the submission of a formal application, retirement, completion of a required waiting period subsequent to application for benefits, or designation of a beneficiary;”.

Pub. L. 100–203, § 9313(a)(2)(F)Subsec. (a)(18). , amended par. (18) generally. Prior to amendment, par. (18) read as follows: “ ‘amount of unfunded benefit commitments’, of a participant or beneficiary as of any date under a single-employer plan, means an amount equal to the excess of—

section 1344 of this title“(A) the actuarial present value (determined as of such date on the basis of assumptions prescribed by the corporation for purposes of ) of the benefit commitments to the participant or beneficiary under the plan, over

section 1344 of this title“(B) the current value (as of such date) of the assets of the plan which are required to be allocated to those benefit commitments under ;”.

Pub. L. 100–203, § 9312(b)(5)Subsec. (a)(19). , amended par. (19) generally. Prior to amendment, par. (19) read as follows: “ ‘outstanding amount of benefit commitments’, of a participant or beneficiary under a terminated single-employer plan, means the excess of—

section 1344 of this title“(A) the actuarial present value (determined as of the termination date on the basis of assumptions prescribed by the corporation for purposes of ) of the benefit commitments to such participant or beneficiary under the plan, over

section 1344 of this titlesection 1322 of this titlesection 1344 of this title“(B) the actuarial present value (determined as of such date on the basis of assumptions prescribed by the corporation for purposes of ) of the benefits of such participant or beneficiary which are guaranteed under or to which assets of the plan are required to be allocated under ;”.

Pub. L. 99–272, § 11004(a)(1)1986—Subsec. (a)(2). , amended par. (2) generally, substituting provisions defining “substantial employer” for any plan year of a single-employer plan for provisions defining “substantial employer” for any plan year as an employer, treating employers who are members of the same affiliated group as one employer, who has made contributions to or under a plan under which more than one employer, other than a multi-employer plan, makes contributions for each of the two immediately preceding plan years or the second and third preceding plan years equaling or exceeding 10 percent of all employer contributions paid to or under that plan for such year.

Pub. L. 99–272, § 11004(a)(2)Subsec. (a)(13). –(4), added par. (13).

Pub. L. 99–272, § 11004(a)(2)Subsec. (a)(14). –(4), added par. (14).

Pub. L. 99–272, § 11004(a)(2)Subsec. (a)(15) to (21). –(4), added pars. (15) to (21).

Pub. L. 99–272, § 11004(b)Pub. L. 96–364, § 402(a)(1)(F)Subsec. (b). , designated existing provisions as par. (1), added par. (2), and struck out amendments by , which had been executed by designating existing provisions as par. (1) and adding pars. (2) to (4). See 1980 Amendment note below. For successor provisions to former pars. (2), (3), and (4), see subsecs. (a)(15), (b)(2)(A), and (b)(2)(B), respectively.

Pub. L. 96–364, § 402(a)(1)(A)1980—Subsec. (a)(2). , inserted provision excepting multiemployer plan.

Pub. L. 96–364, § 402(a)(1)(B)Subsec. (a)(3). , substantially revised definition of term “multiemployer plan” by, among other changes, adding subpars. (A) to (C) and cl. (i), and restating existing provisions as cl. (ii) with respect to plan years beginning before .

Pub. L. 96–364, § 402(a)(1)(C)section 1322a of this titleSubsec. (a)(6). , inserted references to .

Pub. L. 96–364, § 402(a)(1)(D)section 1322a(g) of this titleSubsec. (a)(7). , inserted reference to .

Pub. L. 96–364, § 402(a)(1)(E)Subsec. (a)(8) to (12). , added pars. (8) to (12).

Pub. L. 96–364, § 402(a)(1)(F)Pub. L. 99–272, § 11004(b)Subsec. (b). , which was executed by designating existing provisions as par. (1) and adding pars. (2) to (4), notwithstanding directory language that pars. (2) to (4) be added at end of subsec. (c)(1) as redesignated, was struck out by . See 1986 Amendment note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–235section 108(c) of div. O of Pub. L. 113–235section 418 of Title 26Amendment by applicable with respect to plan years beginning after , see , set out as an Effective Date of Repeal note under , Internal Revenue Code.

Effective Date of 2006 Amendment

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

Effective Date of 1994 Amendment

Pub. L. 103–465Pub. L. 100–203section 761(b)(2) of Pub. L. 103–465section 1056 of this titleAmendment by effective as if included in the Pension Protection Act, , §§ 9302–9346, see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239Pub. L. 99–514section 7891(f) of Pub. L. 101–239section 1002 of this titleAmendment by 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 .

Effective Date of 1987 Amendment

Pub. L. 100–203, title IX, § 9312(d)(1)101 Stat. 1330–364Pub. L. 101–239, title VII, § 7881(f)(9)103 Stat. 2440

section 1349 of this title“The amendments made by this section [amending this section and sections 1305, 1322, 1341, 1342, 1349, 1362, 1364, and 1368 of this title and repealing ] shall apply with respect to—
“(A)
29 U.S.C. 1341 plan terminations under section 4041 of ERISA [] with respect to which notices of intent to terminate are provided under section 4041(a)(2) of ERISA after , and
“(B)
29 U.S.C. 1342 plan terminations with respect to which proceedings are instituted by the Pension Benefit Guaranty Corporation under section 4042 of ERISA [] after .”
, , , as amended by , , , provided that:

Pub. L. 100–203, title IX, § 9313(c)101 Stat. 1330–366

29 U.S.C. 1341“The amendments made by this section [amending this section and sections 1341 and 1367 of this title] shall apply with respect to plan terminations under section 4041 of ERISA [] with respect to which notices of intent to terminate are provided under section 4041(a)(2) of ERISA after .”
, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–272section 11019 of Pub. L. 99–272section 1341 of this titleAmendment by effective , with certain exceptions, see , set out as a note under .

Effective Date of 1980 Amendment

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

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

Pub. L. 109–280Pub. L. 109–280section 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.

Coordination of Internal Revenue Code of 1986 With Employee Retirement Income Security Act of 1974

section 9343(a) of Pub. L. 100–203section 401 of Title 26This subchapter not applicable in interpreting Internal Revenue Code of 1986, except to the extent specifically provided in such Code, or as determined by the Secretary of the Treasury, see , set out as a note under , Internal Revenue Code.