US Code

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

29 U.S.C. § 1362

Liability for termination of single-employer plans under a distress termination or a termination by corporation

(a)

In general

section 1341(c) of this titlesection 1342 of this titleIn any case in which a single-employer plan is terminated in a distress termination under or a termination otherwise instituted by the corporation under , any person who is, on the termination date, a contributing sponsor of the plan or a member of such a contributing sponsor’s controlled group shall incur liability under this section. The liability under this section of all such persons shall be joint and several. The liability under this section consists of—
(1)
liability to the corporation, to the extent provided in subsection (b), and
(2)
section 1342 of this title liability to the trustee appointed under subsection (b) or (c) of , to the extent provided in subsection (c).
(b)

Liability to corporation

(1)

Amount of liability

(A)

In general

Except as provided in subparagraph (B), the liability to the corporation of a person described in subsection (a) shall be the total amount of the unfunded benefit liabilities (as of the termination date) to all participants and beneficiaries under the plan, together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation.

(B)

Special rule in case of subsequent insuffi­ciency

section 1341(c)(3)(C)(ii) of this titleFor purposes of subparagraph (A), in any case described in , actuarial present values shall be determined as of the date of the notice to the corporation (or the finding by the corporation) described in such section.

(2)

Payment of liability

(A)

In general

Except as provided in subparagraph (B), the liability to the corporation under this subsection shall be due and payable to the corporation as of the termination date, in cash or securities acceptable to the corporation.

(B)

Special rule

Payment of so much of the liability under paragraph (1)(A) as exceeds 30 percent of the collective net worth of all persons described in subsection (a) (including interest) shall be made under commercially reasonable terms prescribed by the corporation. The parties involved shall make a reasonable effort to reach agreement on such commercially reasonable terms. Any such terms prescribed by the corporation shall provide for deferral of 50 percent of any amount of liability otherwise payable for any year under this subparagraph if a person subject to such liability demonstrates to the satisfaction of the corporation that no person subject to such liability has any individual pre-tax profits for such person’s fiscal year ending during such year.

(3)

Alternative arrangements

The corporation and any person liable under this section may agree to alternative arrangements for the satisfaction of liability to the corporation under this subsection.

(c)

Liability to section 1342 trustee

section 1342 of this titleA person described in subsection (a) shall be subject to liability under this subsection to the trustee appointed under subsection (b) or (c) of . The liability of such person under this subsection shall consist of—
(1)
section 1083(c)(1) of this title1
1 So in original. Probably should be preceded by “section”.
section 1083(c)(2) of this titlesection 430(d)(2) of title 26section 1082(c) of this titlesection 412(c) of title 26 the sum of the shortfall amortization charge (within the meaning of and 430(d)(1)  of title 26) with respect to the plan (if any) for the plan year in which the termination date occurs, plus the aggregate total of shortfall amortization installments (if any) determined for succeeding plan years under and (which, for purposes of this subparagraph, shall include any increase in such sum which would result if all applications for waivers of the minimum funding standard under and which are pending with respect to such plan were denied and if no additional contributions (other than those already made by the termination date) were made for the plan year in which the termination date occurs or for any previous plan year), and
(2)
section 1083(e)(1) of this title1section 1083(e)(2) of this titlesection 430(e)(2) of title 26 the sum of the waiver amortization charge (within the meaning of and 430(e)(1)  of title 26) with respect to the plan (if any) for the plan year in which the termination date occurs, plus the aggregate total of waiver amortization installments (if any) determined for succeeding plan years under and ,
together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation. The liability under this subsection shall be due and payable to such trustee as of the termination date, in cash or securities acceptable to such trustee.
(d)

Definitions

(1)

Collective net worth of persons subject to liability

(A)

In general

The collective net worth of persons subject to liability in connection with a plan termination consists of the sum of the individual net worths of all persons who—
(i)
have individual net worths which are greater than zero, and
(ii)
are (as of the termination date) contributing sponsors of the terminated plan or members of their controlled groups.
(B)

Determination of net worth

For purposes of this paragraph, the net worth of a person is—
(i)
determined on whatever basis best reflects, in the determination of the corporation, the current status of the person’s operations and prospects at the time chosen for determining the net worth of the person, and
(ii)
increased by the amount of any transfers of assets made by the person which are determined by the corporation to be improper under the circumstances, including any such transfers which would be inappropriate under title 11 if the person were a debtor in a case under chapter 7 of such title.
(C)

Timing of determination

For purposes of this paragraph, determinations of net worth shall be made as of a day chosen by the corporation (during the 120-day period ending with the termination date) and shall be computed without regard to any liability under this section.

(2)

Pre-tax profits

The term “pre-tax profits” means—
(A)
except as provided in subparagraph (B), for any fiscal year of any person, such person’s consolidated net income (excluding any extraordinary charges to income and including any extraordinary credits to income) for such fiscal year, as shown on audited financial statements prepared in accordance with generally accepted accounting principles, or
(B)
section 501(c) of title 26 for any fiscal year of an organization described in , the excess of income over expenses (as such terms are defined for such organizations under generally accepted accounting principles),
before provision for or deduction of Federal or other income tax, any contribution to any single-employer plan of which such person is a contributing sponsor at any time during the period beginning on the termination date and ending with the end of such fiscal year, and any amounts required to be paid for such fiscal year under this section. The corporation may by regulation require such information to be filed on such forms as may be necessary to determine the existence and amount of such pre-tax profits.
(e)

Treatment of substantial cessation of operations

(1)

General rule

Except as provided in paragraphs (3) and (4), if there is a substantial cessation of operations at a facility in any location, the employer shall be treated with respect to any single employer plan established and maintained by the employer covering participants at such facility as if the employer were a substantial employer under a plan under which more than one employer makes contributions and the provisions of sections 1363, 1364, and 1365 of this title shall apply.

(2)

Substantial cessation of operations

For purposes of this subsection:
(A)

In general

The term “substantial cessation of operations” means a permanent cessation of operations at a facility which results in a workforce reduction of a number of eligible employees at the facility equivalent to more than 15 percent of the number of all eligible employees of the employer, determined immediately before the earlier of—
(i)
the date of the employer’s decision to implement such cessation, or
(ii)
in the case of a workforce reduction which includes 1 or more eligible employees described in paragraph (6)(B), the earliest date on which any such eligible employee was separated from employment.
(B)

Workforce reduction

Subject to subparagraphs (C) and (D), the term “workforce reduction” means the number of eligible employees at a facility who are separated from employment by reason of the permanent cessation of operations of the employer at the facility.

(C)

Relocation of workforce

An eligible employee separated from employment at a facility shall not be taken into account in computing a workforce reduction if, within a reasonable period of time, the employee is replaced by the employer, at the same or another facility located in the United States, by an employee who is a citizen or resident of the United States.

(D)

Dispositions

If, whether by reason of a sale or other disposition of the assets or stock of a contributing sponsor (or any member of the same controlled group as such a sponsor) of the plan relating to operations at a facility or otherwise, an employer (the “transferee employer”) other than the employer which experiences the substantial cessation of operations (the “transferor employer”) conducts any portion of such operations, then—
(i)
an eligible employee separated from employment with the transferor employer at the facility shall not be taken into account in computing a workforce reduction if—
(I)
within a reasonable period of time, the employee is replaced by the transferee employer by an employee who is a citizen or resident of the United States; and
(II)
in the case of an eligible employee who is a participant in a single employer plan maintained by the transferor employer, the transferee employer, within a reasonable period of time, maintains a single employer plan which includes the assets and liabilities attributable to the accrued benefit of the eligible employee at the time of separation from employment with the transferor employer; and
(ii)
an eligible employee who continues to be employed at the facility by the transferee employer shall not be taken into account in computing a workforce reduction if—
(I)
the eligible employee is not a participant in a single employer plan maintained by the transferor employer, or
(II)
in any other case, the transferee employer, within a reasonable period of time, maintains a single employer plan which includes the assets and liabilities attributable to the accrued benefit of the eligible employee at the time of separation from employment with the transferor employer.
(3)

Exemption for plans with limited underfunding

Paragraph (1) shall not apply with respect to a single employer plan if, for the plan year preceding the plan year in which the cessation occurred—
(A)
section 1083(g)(2) of this title there were fewer than 100 participants with accrued benefits under the plan as of the valuation date of the plan for the plan year (as determined under ); or
(B)
the ratio of the market value of the assets of the plan to the funding target of the plan for the plan year was 90 percent or greater.
(4)

Election to make additional contributions to satisfy liability

(A)

In general

section 1083 of this titleAn employer may elect to satisfy the employer’s liability with respect to a plan by reason of paragraph (1) by making additional contributions to the plan in the amount determined under subparagraph (B) for each plan year in the 7-plan-year period beginning with the plan year in which the cessation occurred. Any such additional contribution for a plan year shall be in addition to any minimum required contribution under for such plan year and shall be paid not later than the earlier of—
(i)
section 1083(j) of this title the due date for the minimum required contribution for such year under ; or
(ii)
in the case of the first such contribution, the date that is 1 year after the date on which the employer notifies the Corporation of the substantial cessation of operations or the date the Corporation determines a substantial cessation of operations has occurred, and in the case of subsequent contributions, the same date in each succeeding year.
(B)

Amount determined

(i)

In general

Except as provided in clause (iii), the amount determined under this subparagraph with respect to each plan year in the 7-plan-year period is the product of—
(I)
section 1306(a)(3)(E) of this titlesection 1083(g)(2) of this title ⅐ of the unfunded vested benefits determined under as of the valuation date of the plan (as determined under ) for the plan year preceding the plan year in which the cessation occurred; and
(II)
the reduction fraction.
(ii)

Reduction fraction

For purposes of clause (i), the reduction fraction of a single employer plan is equal to—
(I)
the number of participants with accrued benefits in the plan who were included in computing the workforce reduction under paragraph (2)(B) as a result of the cessation of operations at the facility; divided by
(II)
the number of eligible employees of the employer who are participants with accrued benefits in the plan, determined as of the same date the determination under paragraph (2)(A) is made.
(iii)

Limitation

The additional contribution under this subparagraph for any plan year shall not exceed the excess, if any, of—
(I)
25 percent of the difference between the market value of the assets of the plan and the funding target of the plan for the preceding plan year; over
(II)
section 1083 of this title the minimum required contribution under for the plan year.
(C)

Permitted cessation of annual installments when plan becomes sufficiently funded

An employer’s obligation to make additional contributions under this paragraph shall not apply to—
(i)
the first plan year (beginning on or after the first day of the plan year in which the cessation occurs) for which the ratio of the market value of the assets of the plan to the funding target of the plan for the plan year is 90 percent or greater, or
(ii)
any plan year following such first plan year.
(D)

Coordination with funding waivers

(i)

In general

section 1082(c) of this titleIf the Secretary of the Treasury issues a funding waiver under with respect to the plan for a plan year in the 7-plan-year period under subparagraph (A), the additional contribution with respect to such plan year shall be permanently waived.

(ii)

Notice

An employer maintaining a plan with respect to which such a funding waiver has been issued or a request for such a funding waiver is pending shall provide notice to the Secretary of the Treasury, in such form and at such time as the Secretary of the Treasury shall provide, of a cessation of operations to which paragraph (1) applies.

(E)

Enforcement

(i)

Notice

An employer making the election under this paragraph shall provide notice to the Corporation, in accordance with rules prescribed by the Corporation, of—
(I)
such election, not later than 30 days after the earlier of the date the employer notifies the Corporation of the substantial cessation of operations or the date the Corporation determines a substantial cessation of operations has occurred;
(II)
the payment of each additional contribution, not later than 10 days after such payment;
(III)
any failure to pay the additional contribution in the full amount for any year in the 7-plan-year period, not later than 10 days after the due date for such payment;
(IV)
the waiver under subparagraph (D)(i) of the obligation to make an additional contribution for any year, not later than 30 days after the funding waiver described in such subparagraph is granted; and
(V)
the cessation of any obligation to make additional contributions under subparagraph (C), not later than 10 days after the due date for payment of the additional contribution for the first plan year to which such cessation applies.
(ii)

Acceleration of liability to the plan for failure to pay

If an employer fails to pay the additional contribution in the full amount for any year in the 7-plan-year period by the due date for such payment, the employer shall, as of such date, be liable to the plan in an amount equal to the balance which remains unpaid as of such date of the aggregate amount of additional contributions required to be paid by the employer during such 7-year-plan period. The Corporation may waive or settle the liability described in the preceding sentence, at the discretion of the Corporation.

(iii)

Civil action

section 1303(e) of this titleThe Corporation may bring a civil action in the district courts of the United States in accordance with to compel an employer making such election to pay the additional contributions required under this paragraph.

(5)

Definitions

For purposes of this subsection:
(A)

Eligible employee

section 1002(2) of this titleThe term “eligible employee” means an employee who is eligible to participate in an employee pension benefit plan (as defined in ) established and maintained by the employer.

(B)

Funding target

section 1306(a)(3)(E)(iii)(I) of this titlesection 1307 of this titleThe term “funding target” means, with respect to any plan year, the funding target as determined under for purposes of determining the premium paid to the Corporation under for the plan year.

(C)

Market value

section 1306(a)(3)(E) of this titleThe market value of the assets of a plan shall be determined in the same manner as for purposes of .

(6)

Special rules

(A)

Change in operation of certain facilities and property

section 856(d)(9)(D) of title 26For purposes of paragraphs (1) and (2), an employer shall not be treated as ceasing operations at a qualified lodging facility (as defined in ) if such operations are continued by an eligible independent contractor (as defined in section 856(d)(9)(A) of such title) pursuant to an agreement with the employer.

(B)

Aggregation of prior separations

The workforce reduction under paragraph (2) with respect to any cessation of operations shall be determined by taking into account any separation from employment of any eligible employee at the facility (other than a separation which is not taken into account as workforce reduction by reason of subparagraph (C) or (D) of paragraph (2)) which—
(i)
is related to the permanent cessation of operations of the employer at the facility, and
(ii)
occurs during the 3-year period preceding such cessation.
(C)

No addition to prefunding balance

section 1083(f)(6)(B) of this titlesection 430(f)(6)(B) of title 26section 1056(g) of this titlesection 436 of title 26For purposes of and , any additional contribution made under paragraph (4) shall be treated in the same manner as a contribution an employer is required to make in order to avoid a benefit reduction under paragraph (1), (2), or (4) of or subsection (b), (c), or (e) of for the plan year.

Pub. L. 93–406, title IV, § 406288 Stat. 1029Pub. L. 95–598, title III, § 321(b)92 Stat. 2678Pub. L. 96–364, title IV, § 403(g)94 Stat. 1301Pub. L. 99–272, title XI, § 11011(a)100 Stat. 253Pub. L. 100–203, title IX, § 9312(b)(1)101 Stat. 1330–361Pub. L. 101–239, title VII103 Stat. 2440Pub. L. 109–280, title I, § 108(b)(4)120 Stat. 819Pub. L. 111–192, title II, § 202(a)124 Stat. 1297Pub. L. 113–235, div. P, § 1(a)128 Stat. 2822(, , ; , , ; , , ; , (b), , , 257; , (2)(A), (B)(ii), , ; , §§ 7881(f)(2), (10)(A), (B), 7891(a)(1), , , 2441, 2445; , formerly § 107(b)(4), , , renumbered , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 113–2352014—Subsec. (e). amended subsec. (e) generally. Prior to amendment, subsec. (e) related to treatment of substantial cessation of operations.

Pub. L. 109–2802006—Subsec. (c)(1) to (3). added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:

section 1082(a)(2) of this titlesection 412(a) of title 26section 1083 of this titlesection 412(d) of title 26section 1084 of this titlesection 412(e) of title 26“(1) the outstanding balance of the accumulated funding deficiencies (within the meaning of and ) of the plan (if any) (which, for purposes of this subparagraph, shall include the amount of any increase in such accumulated funding deficiencies of the plan which would result if all pending applications for waivers of the minimum funding standard under or and for extensions of the amortization period under or with respect to such plan were denied and if no additional contributions (other than those already made by the termination date) were made for the plan year in which the termination date occurs or for any previous plan year),

section 1083 of this titlesection 412(d) of title 26“(2) the outstanding balance of the amount of waived funding deficiencies of the plan waived before such date under or (if any), and

section 1084 of this titlesection 412(e) of title 26“(3) the outstanding balance of the amount of decreases in the minimum funding standard allowed before such date under or (if any),”.

Pub. L. 101–239, § 7881(f)(2)section 1342(i) of this title1989—Subsec. (a). , inserted “and” at end of par. (1), redesignated par. (3) as (2), substituted “subsection (c)” for “subsection (d)”, and struck out former par. (2) which read as follows: “liability to the trust established pursuant to section 1341(c)(3)(B)(ii) or (iii) of this title or , to the extent provided in subsection (c), and”.

Pub. L. 101–239, § 7881(f)(10)(A)Subsec. (b)(2)(B). , substituted “so much of the liability under paragraph (1)(A) as exceeds 30 percent of the collective net worth of all persons described in subsection (a) (including interest)” for “the liability under paragraph (1)(A)(ii)”.

Pub. L. 101–239, § 7891(a)(1)Subsecs. (c)(1), (d)(2)(B). , 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, § 7881(f)(10)(B)Pub. L. 100–203, § 9312(b)(2)(B)(ii)Subsec. (d)(3). , amended , see 1987 Amendment note below.

Pub. L. 100–203, § 9312(b)(2)(A)1987—Subsec. (b)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Except as provided in subparagraph (B), the liability to the corporation of a person described in subsection (a) shall consist of the sum of—

“(i) the lesser of—

“(I) the total amount of unfunded guaranteed benefits (as of the termination date) of all participants and beneficiaries under the plan, or

“(II) 30 percent of the collective net worth of all persons described in subsection (a),

and

“(ii) the excess (if any) of—

“(I) 75 percent of the amount described in clause (i)(I), over

“(II) the amount described in clause (i)(II),

together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation.”

Pub. L. 100–203, § 9312(b)(1)Subsec. (c). , redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to liability to section 1349 trust.

Pub. L. 100–203, § 9312(b)(1)(B)Subsec. (d). , redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Pub. L. 100–203, § 9312(b)(2)(B)(ii)Pub. L. 101–239, § 7881(f)(10)(B)Subsec. (d)(3). , as amended by , struck out par. (3) which read as follows: “The liability payment years in connection with a terminated plan consist of the consecutive one-year periods following the last plan year preceding the termination date, excluding the first such year in any case in which the first such year ends less than 180 days after the termination date.”

Pub. L. 100–203, § 9312(b)(1)(B)Subsecs. (e), (f). , redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Pub. L. 99–272, § 11011(a)(2)1986—, substituted “Liability for termination of single-employer plans under a distress termination or a termination by the corporation” for “Liability of employer” in section catchline.

Pub. L. 99–272, § 11011(a)(2)Subsec. (a). , added subsec. (a) specifying persons liable and the nature and extent of liability and struck out former subsec. (a) specifying employers covered.

Pub. L. 99–272, § 11011(a)(2)Subsec. (b). , added subsec. (b) relating to liability to corporation and struck out former subsec. (b) relating to amount of liability.

Pub. L. 99–272, § 11011(a)(2)Subsec. (c). , added subsec. (c) relating to liability to section 1349 trust and struck out former subsec. (c) relating to method of determining net worth of employer.

Pub. L. 99–272, § 11011(a)(2)Subsec. (d). , added subsec. (d) relating to liability to section 1342 trustee and struck out former subsec. (d) relating to corporate reorganizations.

Pub. L. 99–272, § 11011(a)Subsec. (e). , added subsec. (e) and redesignated former subsec. (e) as (f).

Pub. L. 99–272, § 11011(a)(1)Subsec. (f). , (b), redesignated former subsec. (e) as (f), and substituted in heading “Treatment of substantial cessation of operations” for “Cessation of operations at one facility”.

Pub. L. 96–3641980—Subsec. (a). substituted “single-employee plan” for “plan (other than a multiemployer plan)”.

Pub. L. 95–5981978—Subsec. (c)(2). substituted “title 11” and “a debtor in a case under chapter 7 of such title” for “the Bankruptcy Act” and “the subject of a proceeding under that Act”, respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–235, div. P, § 1(b)128 Stat. 2826

“(1)

In general .—

The amendment made by this section [amending this section] shall apply to a cessation of operations or other event at a facility occurring on or after the date of enactment of this Act [].
“(2)

Transition rule .—

29 U.S.C. 1362(e)An employer that had a cessation of operations before the date of enactment of this Act [] (as determined under subsection 4062(e) of the Employee Retirement Income Security Act of 1974 [] as in effect before the amendment made by this section), but did not enter into an arrangement with the Pension Benefit Guaranty Corporation to satisfy the requirements of such subsection (as so in effect) before such date of enactment, shall be permitted to make the election under section 4062(e)(4) of such Act (as in effect after the amendment made by this section) as if such cessation had occurred on such date of enactment. Such election shall be made not later than 30 days after such Corporation issues, on or after such date of the enactment, a final administrative determination that a substantial cessation of operations has occurred.”
, , , provided that:

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 1989 Amendment

Pub. L. 101–239Pub. L. 100–203section 7882 of Pub. L. 101–239section 401 of Title 26Amendment by section 7881(f)(2), (10)(A), (B) of effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, , §§ 9302–9346, to which such amendment relates, see , set out as a note under , Internal Revenue Code.

section 7891(a)(1) of 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. 100–203section 1341 of this titlesection 1341(a)(2) of this titlesection 1342 of this titlesection 9312(d)(1) of Pub. L. 100–203section 1301 of this titleAmendment by applicable with respect to plan terminations under with respect to which notices of intent to terminate are provided under after , and plan terminations with respect to which proceedings are instituted by the Pension Benefit Guaranty Corporation under after that date, see , as amended, set out as a note under .

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 .

Effective Date of 1978 Amendment

Pub. L. 95–598section 402(a) of Pub. L. 95–598section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.

Direction to the Pension Benefit Guaranty Corporation

Pub. L. 113–235, div. P, § 1(c)128 Stat. 2827

29 U.S.C. 1362(e)“The Pension Benefit Guaranty Corporation shall not take any enforcement, administrative, or other action pursuant to section 4062(e) of the Employee Retirement Income Security Act of 1974 [], or in connection with an agreement settling liability arising under such section, that is inconsistent with the amendment made by this section [amending this section], without regard to whether the action relates to a cessation or other event that occurs before, on, or after the date of the enactment of this Act [], unless such action is in connection with a settlement agreement that is in place before . The Pension Benefit Guaranty Corporation shall not initiate a new enforcement action with respect to section 4062(e) of such Act that is inconsistent with its enforcement policy in effect on .”
, , , provided that:

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.

Special Delayed Payment Rule

Pub. L. 99–272, title XI, § 11012(d)100 Stat. 260

29 U.S.C. 1341(c)29 U.S.C. 1362(c)(2)(B)“In the case of a distress termination under section 4041(c) of the Employee Retirement Income Security Act of 1974 (as amended by section 11009) [] pursuant to a notice of intent to terminate filed before , no payment of liability otherwise payable as provided in section 4062(c)(2)(B) of such Act [former ] (as amended by this section [Act]) shall be required to be made before .”
, , , provided that: