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

29 U.S.C. § 1364

Liability on termination of single-employer plans under multiple controlled groups

(a)
This section applies to all contributing sponsors of a single-employer plan which has two or more contributing sponsors at least two of whom are not under common control at the time such plan is terminated under section 1341(c) or 1342 of this title, or who, at any time within the 5 plan years preceding the date of termination, made contributions under the plan.
(b)
section 1362 of this titlesection 1362(b)(1) of this title The corporation shall determine the liability with respect to each contributing sponsor and each member of its controlled group in a manner consistent with , except that the amount of liability determined under with respect to the entire plan shall be allocated to each controlled group by multiplying such amount by a fraction—
(1)
the numerator of which is the amount required to be contributed to the plan for the last 5 plan years ending prior to the termination date by persons in such controlled group as contributing sponsors, and
(2)
the denominator of which is the total amount required to be contributed to the plan for such last 5 plan years by all persons as contributing sponsors,
section 1368(a) of this titleand shall be applied separately with respect to each controlled group. The corporation may also determine the liability of each such contributing sponsor and member of its controlled group on any other equitable basis prescribed by the corporation in regulations.

Pub. L. 93–406, title IV, § 406488 Stat. 1031Pub. L. 96–364, title IV, § 403(i)94 Stat. 1301Pub. L. 99–272, title XI, § 11016(a)(5)(B)100 Stat. 270Pub. L. 100–203, title IX, § 9312(b)(2)(C)(i)101 Stat. 1330–361Pub. L. 101–239, title VII, § 7881(f)(3)(A)103 Stat. 2440(, , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 101–2391989—Subsec. (b). substituted “section 1368(a)” for “clauses (i)(II) and (ii) of section 1362(b)(1)(A)”.

Pub. L. 100–203section 1362 of this title1987—Subsec. (b). amended first sentence generally. Prior to amendment, first sentence read as follows: “The corporation shall determine the liability with respect to each contributing sponsor and each member of its controlled group in a manner consistent with , except that—

section 1362(b)(1) of this title“(1) the amount of the liability determined under with respect to the entire plan—

section 1362(b)(1)(A) of this title“(A) shall be determined without regard to clauses (i)(II) and (ii) of , and

“(B) shall be allocated to each controlled group by multiplying such amount by a fraction—

“(i) the numerator of which is the amount required to be contributed to the plan for the last 5 plan years ending prior to the termination date by persons in such controlled group as contributing sponsors, and

“(ii) the denominator of which is the total amount required to be contributed to the plan for such last 5 plan years by all persons as contributing sponsors,

section 1362(b)(1)(A) of this titleand clauses (i)(II) and (ii) of shall be applied separately with respect to each such controlled group, and

section 1362(c)(1) of this title“(2) the amount of the liability determined under with respect to the entire plan shall be allocated to each controlled group by multiplying such amount by the fraction described in paragraph (1)(B) in connection with such controlled group.”

Pub. L. 99–272, § 11016(a)(5)(B)(iii)1986—, substituted “on termination of single-employer plans under multiple controlled groups” for “of employers on termination of plan maintained by more than one employer” in section catchline.

Pub. L. 99–272, § 11016(a)(5)(B)(i)Subsec. (a). , substituted “all contributing sponsors of a single-employer plan which has two or more contributing sponsors at least two of whom are not under common control” for “all employers who maintain a plan under which more than one employer makes contributions (other than a multiemployer plan)” and inserted “under section 1341(c) or 1342 of this title” after “terminated”.

Pub. L. 99–272, § 11016(a)(5)(B)(ii)section 1362(b)(1) of this titlesection 1362(b)(1)(A) of this titlesection 1362(c)(1) of this titleSubsec. (b). , amended subsec. (b) generally, substituting reference to each contributing sponsor and each member of its controlled group for reference to each employer of a plan maintained by more than one employer and inserted provisions that liability determined under with respect to the entire plan be determined without regard to cls. (i)(II) and (ii) of and that the amount of liability determined under with respect to the entire plan be allocated to each controlled group by multiplying such amount by the fraction described in par. (1)(B) in connection with such controlled group.

Pub. L. 96–3641980—Subsec. (a). inserted provisions excepting a multiemployer plan.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 Amendment

Pub. L. 101–239Pub. L. 100–203section 7882 of Pub. L. 101–239section 401 of Title 26Amendment by 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.

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 .