29 U.S.C. § 1398 Withdrawal Not to Occur Because of Change In Business Form Or Suspension of Contributions During Labor Dispute

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 29 U.S.C. § 1398

Notwithstanding any other provision of this part, an employer shall not be considered to have withdrawn from a plan solely because-

(1) an employer ceases to exist by reason of-

(A) a change in corporate structure described in section 1369(b) of this title, or

(B) a change to an unincorporated form of business enterprise,

if the change causes no interruption in employer contributions or obligations to contribute under the plan, or

(2) an employer suspends contributions under the plan during a labor dispute involving its employees.

For purposes of this part, a successor or parent corporation or other entity resulting from any such change shall be considered the original employer.

Cite as 29 U.S.C. § 1398

Source: Pub. L. 93-406, title IV, §4218, as added Pub. L. 96-364, title I, §104(2), Sept. 26, 1980, 94 Stat. 1236; amended Pub. L. 99-514, title XVIII, §1879(u)(4), as added Pub. L. 101-239, title VII, §7862(b)(1)(C), Dec. 19, 1989, 103 Stat. 2432; Pub. L. 101-239, title VII, §7893(f), Dec. 19, 1989, 103 Stat. 2447.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

AMENDMENTS

1989-Par. (1)(A). Pub. L. 101-239, §7893(f), made identical amendment to that of Pub. L. 99-514, §1879(u)(4), as added by Pub. L. 101-239, §7862(b)(1)(C), see below.

Pub. L. 101-239, §7862(b)(1)(C), added Pub. L. 99-514, §1879(u)(4), see 1986 Amendment note below.