Source
(Pub. L. 93–406, title IV, § 4201, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1217.)
Prior Provisions
A prior section
1381,
Pub. L. 93–406, title IV, § 4402, formerly § 4082, Sept. 2, 1974,
88 Stat. 1034; S.Res. 4, Feb. 4, 1977;
Pub. L. 95–214, § 1, Dec. 19, 1977,
91 Stat. 1501; S.Res. 30, Mar. 7, 1979;
Pub. L. 96–24, June 19, 1979,
93 Stat. 70;
Pub. L. 96–239, § 1, Apr. 30, 1980,
94 Stat. 341;
Pub. L. 96–293, § 1, June 30, 1980,
94 Stat. 610, renumbered § 4402 and amended
Pub. L. 96–364, title I, § 108(a)-(c)(1), Sept. 26, 1980,
94 Stat. 1267, relating to the effective dates and special rules for this subchapter, was transferred to section
1461 of this title.
Effective Date
Part effective Sept. 26, 1980, see section
1461
(e)(2) of this title.
Elimination of Retroactive Application of Amendments Made by Multiemployer Pension Plan Amendments Act of 1980, Pub. L. 96–364
Pub. L. 98–369, div. A, title V, § 558(a), (c), (d), July 18, 1984,
98 Stat. 899, provided that:
“(a) In General.—
“(1) Liability.—Any withdrawal liability incurred by an employer pursuant to part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (
29 U.S.C.
1381 et seq.) as a result of the complete or partial withdrawal of such employer from a multiemployer plan before September 26, 1980, shall be void.
“(2) Refunds.—Any amounts paid by an employer to a plan sponsor as a result of such withdrawal liability shall be refunded by the plan sponsor to the employer with interest (in accordance with section
401
(a)(2) [
26 U.S.C.
401
(a)(2)]), less a reasonable amount for administrative expenses incurred by the plan sponsor (other than legal expenses incurred with respect to the plan) in calculating, assessing, and refunding such amounts.
“(c) No Increase in Liability.—The amendments made by this section [amending sections
1391,
1397,
1399,
1415 and
1461 of this title and provisions set out as a note under section
1385 of this title] shall not be construed to increase the liability incurred by any employer pursuant to part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (
29 U.S.C.
1381 et seq.), as in effect immediately before the amendments made by subsection (b) [amending sections
1391,
1397,
1399,
1415, and
1461 of this title and provisions set out as a note under section
1385 of this title], as a result of the complete or partial withdrawal of such employer from a multiemployer plan prior to September 26, 1980.
“(d) Special Rule for Certain Binding Agreements.—In the case of an employer who, on September 26, 1980, has a binding agreement to withdraw from a multiemployer plan, subsection (a)(1) shall be applied by substituting ‘December 31, 1980’ for ‘September 26, 1980’.”
Applicability to Certain Employers Withdrawn Before Sept. 26, 1980, From Multiemployer Plan Covering Employees in Seagoing Industry; Effective Date, Coverage, Etc.
Section 108(c)(4) of
Pub. L. 96–364 provided that: “In the case of an employer who withdrew before the date of enactment of this Act [Sept. 26, 1980] from a multiemployer plan covering employees in the seagoing industry (as determined by the corporation), sections 4201 through 4219 of the Employee Retirement Income Security Act of 1974, as added by this Act, [section
1381 through
1399 of this title], are effective as of May 3, 1979. For the purpose of applying section
4217 [section
1397 of this title] for purposes of the preceding sentence, the date ‘May 2, 1979,’ shall be substituted for ‘April 28, 1980,’ and the date ‘May 3, 1979’ shall be substituted for ‘April 29, 1980’. For purposes of this paragraph, terms which are used in title IV of the Employee Retirement Income Security Act of 1974 [this subchapter], or in regulations prescribed under that title, and which are used in the preceding sentence have the same meaning as when used in that Act [see Short Title note set out under sections
1001 of this title] or those regulations. For purposes of this paragraph, the term ‘employer’ includes only a substantial employer covering employees in the seagoing industry (as so determined) in connection with ports on the West Coast of the United States, but does not include an employer who withdrew from a plan because of a change in the collective bargaining representative.”