-CITE- 29 USC CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM 01/06/03 -EXPCITE- TITLE 29 - LABOR CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM -MISC1- CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM -MISC1- SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS SUBTITLE A - GENERAL PROVISIONS Sec. 1001. Congressional findings and declaration of policy. (a) Benefit plans as affecting interstate commerce and the Federal taxing power. (b) Protection of interstate commerce and beneficiaries by requiring disclosure and reporting, setting standards of conduct, etc., for fiduciaries. (c) Protection of interstate commerce, the Federal taxing power, and beneficiaries by vesting of accrued benefits, setting minimum standards of funding, requiring termination insurance. 1001a. Additional Congressional findings and declaration of policy. (a) Effects of multiemployer pension plans. (b) Modification of multiemployer plan termination insurance provisions and replacement of program. (c) Policy. 1001b. Findings and declaration of policy. (a) Findings. (b) Additional findings. (c) Declaration of policy. 1002. Definitions. 1003. Coverage. (a) In general. (b) Exceptions for certain plans. (c) Voluntary employee contributions to accounts and annuities. SUBTITLE B - REGULATORY PROVISIONS PART 1 - REPORTING AND DISCLOSURE 1021. Duty of disclosure and reporting. (a) Summary plan description and information to be furnished to participants and beneficiaries. (b) Reports to be filed with Secretary of Labor. (c) Terminal and supplementary reports. (d) Notice of failure to meet minimum funding standards. (e) Notice of transfer of excess pension assets to health benefits accounts. (f) Repealed. (g) Reporting by certain arrangements. (h) Simple retirement accounts. (i) Notice of blackout periods to participant or beneficiary under individual account plan. (j) Cross reference. 1022. Summary plan description. 1023. Annual reports. (a) Publication and filing. (b) Financial statement. (c) Information to be furnished by administrator. (d) Actuarial statement. (e) Statement from insurance company, insurance service, or other similar organizations which sell or guarantee plan benefits. 1024. Filing and furnishing of information. (a) Filing of annual report with Secretary. (b) Publication of summary plan description and annual report to participants and beneficiaries of plan. (c) Statement of rights. (d) Cross references. 1025. Reporting of participant's benefit rights. (a) Statement furnished by administrator to participants and beneficiaries. (b) One-per-year limit on reports. (c) Individual statement furnished by administrator to participants setting forth information in administrator's Internal Revenue registration statement and notification of forfeitable benefits. (d) Plans to which more than one unaffiliated employer is required to contribute; regulations. 1026. Reports made public information. 1027. Retention of records. 1028. Reliance on administrative interpretations. 1029. Forms. (a) Information required on forms. (b) Information not required on forms. (c) Format and content of summary plan description, annual report, etc., required to be furnished to plan participants and beneficiaries. 1030. Alternative methods of compliance. 1031. Repeal and effective date. PART 2 - PARTICIPATION AND VESTING 1051. Coverage. 1052. Minimum participation standards. 1053. Minimum vesting standards. (a) Nonforfeitability requirements. (b) Computation of period of service. (c) Plan amendments altering vesting schedule. (d) Nonforfeitable benefits after lesser period and in greater amounts than required. (e) Consent for distribution; present value; covered distributions. 1054. Benefit accrual requirements. (a) Satisfaction of requirements by pension plans. (b) Enumeration of plan requirements. (c) Employee's accrued benefits derived from employer and employee contributions. (d) Employee service which may be disregarded in determining employee's accrued benefits under plan. (e) Opportunity to repay full amount of distributions which have been reduced through disregarded employee service. (f) Employer treated as maintaining a plan. (g) Decrease of accrued benefits through amendment of plan. (h) Notice of significant reduction in benefit accruals. (i) Prohibition on benefit increases where plan sponsor is in bankruptcy. (j) Cross reference. 1055. Requirement of joint and survivor annuity and preretirement survivor annuity. (a) Required contents for applicable plans. (b) Applicable plans. (c) Plans meeting requirements of section. (d) "Qualified joint and survivor annuity" defined. (e) "Qualified preretirement survivor annuity" defined. (f) Marriage requirements for plan. (g) Distribution of present value of annuity; written consent; determination of present value. (h) Definitions. (i) Increased costs from providing annuity. (j) Use of participant's accrued benefit as security for loan as not preventing distribution. (k) Spousal consent. (l) Regulations; consultation of Secretary of the Treasury with Secretary of Labor. 1056. Form and payment of benefits. (a) Commencement date for payment of benefits. (b) Decrease in plan benefits by reason of increases in benefit levels under Social Security Act or Railroad Retirement Act of 1937. (c) Forfeiture of accrued benefits derived from employer contributions. (d) Assignment or alienation of plan benefits. (e) Limitation on distributions other than life annuities paid by plan. (f) Missing participants in terminated plans. 1057. Temporary variances from certain vesting requirements. 1058. Mergers and consolidations of plans or transfers of plan assets. 1059. Recordkeeping and reporting requirements. 1060. Multiple employer plans. (a) Plan maintained by more than one employer. (b) Maintenance of plan of predecessor employer. (c) Plan maintained by controlled group of corporations. (d) Plan of trades or businesses under common control. 1061. Effective dates. PART 3 - FUNDING 1081. Coverage. (a) Plans excepted from applicability of this part. (b) "Insurance contract plan" defined. (c) Applicability of this part to terminated multiemployer plans. (d) Financial assistance from Pension Benefit Guaranty Corporation. 1082. Minimum funding standards. (a) Avoidance of accumulated funding deficiency. (b) Funding standard account. (c) Methods. (d) Additional funding requirements for plans which are not multiemployer plans. (e) Quarterly contributions required. (f) Imposition of lien where failure to make required contributions. (g) Qualified transfers to health benefit accounts. (h) Cross reference. 1083. Variance from minimum funding standard. (a) Waiver of requirements in event of business hardship. (b) Matters considered in determining business hardship. (c) "Waived funding deficiency" defined. (d) Special rules. (e) Notice of filing of application for waiver. (f) Cross reference. 1084. Extension of amortization periods. (a) Determinations by Secretary in granting extension. (b) Amendment of plan. (c) Notice of filing of application for extension. 1085. Alternative minimum funding standard. (a) Maintenance of account. (b) Operation of account. (c) Interest. 1085a. Security for waivers of minimum funding standard and extensions of amortization period. (a) Security may be required. (b) Consultation with the Pension Benefit Guaranty Corporation. (c) Exception for certain waivers and extensions. 1085b. Security required upon adoption of plan amendment resulting in significant underfunding. (a) In general. (b) Form of security. (c) Amount of security. (d) Release of security. (e) Notice. (f) Definitions. 1086. Effective dates. PART 4 - FIDUCIARY RESPONSIBILITY 1101. Coverage. (a) Scope of coverage. (b) Securities or policies deemed to be included in plan assets. (c) Clarification of application of ERISA to insurance company general accounts. 1102. Establishment of plan. (a) Named fiduciaries. (b) Requisite features of plan. (c) Optional features of plan. 1103. Establishment of trust. (a) Benefit plan assets to be held in trust; authority of trustees. (b) Exceptions. (c) Assets of plan not to inure to benefit of employer; allowable purposes of holding plan assets. (d) Termination of plan. 1104. Fiduciary duties. (a) Prudent man standard of care. (b) Indicia of ownership of assets outside jurisdiction of district courts. (c) Control over assets by participant or beneficiary. (d) Plan terminations. 1105. Liability for breach of co-fiduciary. (a) Circumstances giving rise to liability. (b) Assets held by two or more trustees. (c) Allocation of fiduciary responsibility; designated persons to carry out fiduciary responsibilities. (d) Investment managers. 1106. Prohibited transactions. (a) Transactions between plan and party in interest. (b) Transactions between plan and fiduciary. (c) Transfer of real or personal property to plan by party in interest. 1107. Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans. (a) Percentage limitation. (b) Exception. (c) Election. (d) Definitions. (e) Marketable obligations. (f) Maximum percentage of stock held by plan; time of holding or acquisition; necessity of legally binding contract. 1108. Exemptions from prohibited transactions. (a) Grant of exemptions. (b) Enumeration of transactions exempted from section 1106 prohibitions. (c) Fiduciary benefits and compensation not prohibited by section 1106. (d) Owner-employees; family members; shareholder employees. (e) Acquisition or sale by plan of qualifying employer securities; acquisition, sale, or lease by plan of qualifying employer real property. (f) Applicability of statutory prohibitions to mergers or transfers. 1109. Liability for breach of fiduciary duty. 1110. Exculpatory provisions; insurance. 1111. Persons prohibited from holding certain positions. (a) Conviction or imprisonment. (b) Penalty. (c) Definitions. (d) Salary of person barred from employee benefit plan office during appeal of conviction. 1112. Bonding. (a) Requisite bonding of plan officials. (b) Unlawful acts. (c) Conflict of interest prohibited in procuring bonds. (d) Exclusiveness of statutory basis for bonding requirement for persons handling funds or other property of employee benefit plans. (e) Regulations. 1113. Limitation of actions. 1114. Effective date. PART 5 - ADMINISTRATION AND ENFORCEMENT 1131. Criminal penalties. 1132. Civil enforcement. (a) Persons empowered to bring a civil action. (b) Plans qualified under Internal Revenue Code; maintenance of actions involving delinquent contributions. (c) Administrator's refusal to supply requested information; penalty for failure to provide annual report in complete form. (d) Status of employee benefit plan as entity. (e) Jurisdiction. (f) Amount in controversy; citizenship of parties. (g) Attorney's fees and costs; awards in actions involving delinquent contributions. (h) Service upon Secretary of Labor and Secretary of the Treasury. (i) Administrative assessment of civil penalty. (j) Direction and control of litigation by Attorney General. (k) Jurisdiction of actions against the Secretary of Labor. (l) Civil penalties on violations by fiduciaries. (m) Penalty for improper distribution. 1133. Claims procedure. 1134. Investigative authority. (a) Investigation and submission of reports, books, etc. (b) Frequency of submission of books and records. (c) Other provisions applicable relating to attendance of witnesses and production of books, records, etc. 1135. Regulations. 1136. Coordination and responsibility of agencies enforcing this subchapter and related Federal laws. (a) Coordination with other agencies and departments. (b) Responsibility for detecting and investigating civil and criminal violations of this subchapter and related Federal laws. (c) Coordination of enforcement with States with respect to certain arrangements. 1137. Administration. 1138. Appropriations. 1139. Separability. 1140. Interference with protected rights. 1141. Coercive interference. 1142. Advisory Council on Employee Welfare and Pension Benefit Plans. (a) Establishment; membership; terms; appointment and reappointment; vacancies; quorum. (b) Duties and functions. (c) Executive secretary; secretarial and clerical services. (d) Compensation. (e) Termination. 1143. Research, studies, and reports. (a) Authorization to undertake research and surveys. (b) Omitted. (c) Cooperation with Congress. 1143a. Studies by Comptroller General. (1) In general. (2) Access to books, documents, etc. (3) Definitions. (4) Effective date. 1144. Other laws. (a) Supersedure; effective date. (b) Construction and application. (c) Definitions. (d) Alteration, amendment, modification, invalidation, impairment, or supersedure of any law of the United States prohibited. 1144a. Clarification of church welfare plan status under State insurance law. (a) In general. (b) State insurance law. (c) Definitions. (d) Enforcement authority. (e) Application of section. 1145. Delinquent contributions. 1146. Outreach to promote retirement income savings. (a) In general. (b) Methods. (c) Information to be made available. (d) Establishment of site on Internet. (e) Coordination. 1147. National Summit on Retirement Savings. (a) Authority to call Summit. (b) Planning and direction. (c) Purpose of National Summit. (d) Scope of National Summit. (e) National Summit participants. (f) National Summit administration. (g) Report. (h) "State" defined. (i) Authorization of appropriations. (j) Financial obligation for fiscal year 1998. (k) Contracts. 1148. Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions. PART 6 - CONTINUATION COVERAGE AND ADDITIONAL STANDARDS FOR GROUP HEALTH PLANS 1161. Plans must provide continuation coverage to certain individuals. (a) In general. (b) Exception for certain plans. 1162. Continuation coverage. 1163. Qualifying event. 1164. Applicable premium. 1165. Election. (a) In general. (b) Temporary extension of COBRA election period for certain individuals. 1166. Notice requirements. (a) In general. (b) Alternative means of compliance with requirements for notification of multiemployer plans by employers. (c) Rules relating to notification of qualified beneficiaries by plan administrator. 1167. Definitions and special rules. 1168. Regulations. 1169. Additional standards for group health plans. (a) Group health plan coverage pursuant to medical child support orders. (b) Rights of States with respect to group health plans where participants or beneficiaries thereunder are eligible for medicaid benefits. (c) Group health plan coverage of dependent children in cases of adoption. (d) Continued coverage of costs of a pediatric vaccine under group health plans. (e) Regulations. PART 7 - GROUP HEALTH PLAN REQUIREMENTS SUBPART A - REQUIREMENTS RELATING TO PORTABILITY, ACCESS, AND RENEWABILITY 1181. Increased portability through limitation on preexisting condition exclusions. (a) Limitation on preexisting condition exclusion period; crediting for periods of previous coverage. (b) Definitions. (c) Rules relating to crediting previous coverage. (d) Exceptions. (e) Certifications and disclosure of coverage. (f) Special enrollment periods. (g) Use of affiliation period by HMOs as alternative to preexisting condition exclusion. 1182. Prohibiting discrimination against individual participants and beneficiaries based on health status. (a) In eligibility to enroll. (b) In premium contributions. 1183. Guaranteed renewability in multiemployer plans and multiple employer welfare arrangements. SUBPART B - OTHER REQUIREMENTS 1185. Standards relating to benefits for mothers and newborns. (a) Requirements for minimum hospital stay following birth. (b) Prohibitions. (c) Rules of construction. (d) Notice under group health plan. (e) Level and type of reimbursements. (f) Preemption; exception for health insurance coverage in certain States. 1185a. Parity in application of certain limits to mental health benefits. (a) In general. (b) Construction. (c) Exemptions. (d) Separate application to each option offered. (e) Definitions. (f) Sunset. 1185b. Required coverage for reconstructive surgery following mastectomies. (a) In general. (b) Notice. (c) Prohibitions. (d) Rule of construction. (e) Preemption, relation to State laws. SUBPART C - GENERAL PROVISIONS 1191. Preemption; State flexibility; construction. (a) Continued applicability of State law with respect to health insurance issuers. (b) Special rules in case of portability requirements. (c) Rules of construction. (d) Definitions. 1191a. Special rules relating to group health plans. (a) General exception for certain small group health plans. (b) Exception for certain benefits. (c) Exception for certain benefits if certain conditions met. (d) Treatment of partnerships. 1191b. Definitions. (a) Group health plan. (b) Definitions relating to health insurance. (c) Excepted benefits. (d) Other definitions. 1191c. Regulations. SUBCHAPTER II - JURISDICTION, ADMINISTRATION, ENFORCEMENT; JOINT PENSION TASK FORCE, ETC. SUBTITLE A - JURISDICTION, ADMINISTRATION, AND ENFORCEMENT 1201. Procedures in connection with the issuance of certain determination letters by the Secretary of the Treasury covering qualifications under Internal Revenue Code. (a) Additional material required of applicants. (b) Opportunity to comment on application. (c) Intervention by Pension Benefit Guaranty Corporation or Secretary of Labor into declaratory judgment action under section 7476 of title 26, action by Corporation authorized. (d) Notification and information by Secretary of the Treasury to Secretary of Labor upon issuance by Secretary of the Treasury of a determination letter to applicant. (e) Effective date. 1202. Procedures with respect to continued compliance with Internal Revenue requirements relating to participation, vesting, and funding standards. (a) Notification by Secretary of the Treasury to Secretary of Labor of issuance of a preliminary notice of intent to disqualify or of commencement of proceedings to determine satisfaction of requirements. (b) Notification to Secretary of Labor before Secretary of the Treasury sends notice of deficiency under section 4971 of title 26; waiver of imposition of tax; requests for investigation; consultation. (c) Extended application of regulations prescribed by Secretary of the Treasury relating to minimum participation standards, minimum vesting standards, and minimum funding standards. (d) Opportunity afforded Secretary of the Treasury to intervene in cases involving construction or application of minimum standards; review of briefs filed by Pension Benefit Guaranty Corporation or Secretary of Labor. (e) Consultative requirements respecting promulgation of proposed or final regulations. 1203. Procedures in connection with prohibited transactions. (a) Notification to Secretary of Labor; opportunity to comment on imposition of tax under section 4975 of title 26; waiver; requests for investigations. (b) Consultation. (c) Transmission of information to Secretary of the Treasury. 1204. Coordination between the Department of the Treasury and the Department of Labor. SUBTITLE B - JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE; STUDIES PART 1 - JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE 1221. Establishment. 1222. Duties. PART 2 - OTHER STUDIES 1231. Congressional study. 1232. Protection for employees under Federal procurement, construction, and research contracts and grants. (a) Study and investigation by Secretary of Labor. (b) Consultation. (c) Regulations. (d) Congressional review of regulations; resolution of disapproval. SUBTITLE C - ENROLLMENT OF ACTUARIES 1241. Joint Board for the Enrollment of Actuaries. 1242. Enrollment by Board; standards and qualifications; suspension or termination of enrollment. SUBCHAPTER III - PLAN TERMINATION INSURANCE SUBTITLE A - PENSION BENEFIT GUARANTY CORPORATION 1301. Definitions. 1302. Pension Benefit Guaranty Corporation. (a) Establishment within Department of Labor. (b) Powers of corporation. (c) Omitted. (d) Board of directors; compensation; reimbursement for expenses. (e) Meetings. (f) Adoption of bylaws; amendment, alteration; publication in the Federal Register. (g) Exemption from taxation. (h) Advisory committee to corporation. (i) Special rules regarding disasters, etc. 1303. Operation of corporation. (a) Investigatory authority; audit of statistically significant number of terminating plans. (b) Discovery powers vested in board members or officers designated by the chairman. (c) Contempt. (d) Cooperation with other governmental agencies. (e) Civil actions by corporation; jurisdiction; process; expeditious handling of case; costs; limitation on actions. (f) Civil actions against corporation; appropriate court; award of costs and expenses; limitation on actions; jurisdiction; removal of actions. 1304. Repealed. 1305. Pension benefit guaranty funds. (a) Establishment of four revolving funds on books of Treasury of the United States. (b) Credits to funds; availability of funds; investment of moneys in excess of current needs. (c) Authority to issue notes or other obligations; purchase by Secretary of the Treasury as public debt transaction. (d) Establishment of fifth fund; purpose, availability, etc. (e) Establishment of sixth fund; purpose, availability, etc. (f) Deposit of premiums into separate revolving fund. (g) Other use of funds; deposits of repayments. (h) Voting by corporation of stock paid as liability. 1306. Premium rates. (a) Schedules for premium rates and bases for application; establishment, coverage, etc. (b) Revised schedule; Congressional procedures applicable. (c) Rates for plans for basic benefits. 1307. Payment of premiums. (a) Premiums payable when due; accrual; waiver or reduction. (b) Late payment charge; waiver. (c) Civil action to recover premium penalty and interest. (d) Basic benefits guarantee not stopped by designated payor's failure to pay premiums when due. (e) Designated payor. 1308. Annual report by the corporation. 1309. Portability assistance. 1310. Authority to require certain information. (a) Information required. (b) Persons required to provide information. (c) Information exempt from disclosure requirements. 1311. Notice to participants. (a) In general. (b) Exception. SUBTITLE B - COVERAGE 1321. Coverage. (a) Plans covered. (b) Plans not covered. (c) Definitions. 1322. Single-employer plan benefits guaranteed. (a) Nonforfeitable benefits. (b) Exceptions. (c) Payment by corporation to participants and beneficiaries of recovery percentage of outstanding amount of benefit liabilities. (d) Authorization to guarantee other classes of benefits. (e) Nonforfeitability of preretirement survivor annuity. (f) Effective date of plan amendments. 1322a. Multiemployer plan benefits guaranteed. (a) Benefits of covered plans subject to guarantee. (b) Benefits or benefit increases not eligible for guarantee. (c) Determinations respecting amount of guarantee. (d) Amount of guarantee of reduced benefit. (e) Ineligibility of benefits for guarantee. (f) Study, report, etc., respecting premium increase in existing basic-benefit guarantee levels; Congressional procedures applicable for revision of schedules. (g) Guarantee of payment of other classes of benefits and establishment of terms and conditions of guarantee; promulgation of regulations for establishment of supplemental program to guarantee benefits otherwise ineligible; status of benefits; applicability of revised schedule of premiums. (h) Applicability to nonforfeitable benefits accrued as of July 30, 1980; manner and extent of guarantee. 1322b. Aggregate limit on benefits guaranteed; criteria applicable. 1323. Plan fiduciaries. SUBTITLE C - TERMINATIONS 1341. Termination of single-employer plans. (a) General rules governing single-employer plan terminations. (b) Standard termination of single-employer plans. (c) Distress termination of single-employer plans. (d) Sufficiency. (e) Limitation on the conversion of a defined benefit plan to a defined contribution plan. 1341a. Termination of multiemployer plans. (a) Determinative factors. (b) Date of termination. (c) Duties of plan sponsor of amended plan. (d) Duties of plan sponsor of nonoperative plan. (e) Amount of contribution of employer under amended plan for each plan year subsequent to plan termination date. (f) Payment of benefits; reporting requirements for terminated plans and rules and standards for administration of such plans. 1342. Institution of termination proceedings by the corporation. (a) Authority to institute proceedings to terminate a plan. (b) Appointment of trustee. (c) Adjudication that plan must be terminated. (d) Powers of trustee. (e) Filing of application notwithstanding pendency of other proceedings. (f) Exclusive jurisdiction; stay of other proceedings. (g) Venue. (h) Compensation of trustee and professional service personnel appointed or retained by trustee. 1343. Reportable events. (a) Notification that event has occurred. (b) Notification that event is about to occur. (c) Enumeration of reportable events. (d) Notification to corporation by Secretary of the Treasury. (e) Notification to corporation by Secretary of Labor. (f) Disclosure exemption. 1344. Allocation of assets. (a) Order of priority of participants and beneficiaries. (b) Adjustment of allocations; reallocations; mandatory contributions; establishment of subclasses and categories. (c) Increase or decrease in value of assets. (d) Distribution of residual assets; restrictions on reversions pursuant to recently amended plans; assets attributable to employee contributions; calculation of remaining assets. 1345. Recapture of payments. (a) Authorization to recover benefits. (b) Recoverable amount. (c) Payments made on or after death or disability of participant; waiver of recovery in case of hardship. 1346. Reports to trustee. 1347. Restoration of plans. 1348. Termination date. 1349. Repealed. 1350. Missing participants. (a) General rule. (b) Definitions. (c) Regulatory authority. SUBTITLE D - LIABILITY 1361. Amounts payable by corporation. 1362. Liability for termination of single-employer plans under a distress termination or a termination by corporation. (a) In general. (b) Liability to corporation. (c) Liability to section 1342 trustee. (d) Definitions. (e) Treatment of substantial cessation of operations. 1363. Liability of substantial employer for withdrawal from single-employer plans under multiple controlled groups. (a) Single-employer plans with two or more contributing sponsors. (b) Computation of liability. (c) Bond in lieu of payment of liability; 5-year termination period. (d) Alternate appropriate procedure. (e) Indemnity agreement. 1364. Liability on termination of single-employer plans under multiple controlled groups. 1365. Annual report of plan administrator. 1366. Annual notification to substantial employers. 1367. Recovery of liability for plan termination. 1368. Lien for liability. (a) Creation of lien. (b) Term of lien. (c) Priority. (d) Civil action; limitation period. (e) Release or subordination. (f) Definitions. 1369. Treatment of transactions to evade liability; effect of corporate reorganization. (a) Treatment of transactions to evade liability. (b) Effect of corporate reorganization. 1370. Enforcement authority relating to terminations of single-employer plans. (a) In general. (b) Status of plan as party to action and with respect to legal process. (c) Jurisdiction and venue. (d) Right of corporation to intervene. (e) Awards of costs and expenses. (f) Limitation on actions. 1371. Penalty for failure to timely provide required information. SUBTITLE E - SPECIAL PROVISIONS FOR MULTIEMPLOYER PLANS PART 1 - EMPLOYER WITHDRAWALS 1381. Withdrawal liability established; criteria and definitions. 1382. Determination and collection of liability; notification of employer. 1383. Complete withdrawal. (a) Determinative factors. (b) Building and construction industry. (c) Entertainment industry. (d) Other determinative factors. (e) Date of complete withdrawal. (f) Special liability withdrawal rules for industries other than construction and entertainment industries; procedures applicable to amend plans. 1384. Sale of assets. (a) Complete or partial withdrawal not occurring as a result of sale and subsequent cessation of covered operations or cessation of obligation to contribute to covered operations; continuation of liability of seller. (b) Liability of purchaser. (c) Variances or exemptions from continuation of liability of seller; procedures applicable. (d) "Unrelated party" defined. 1385. Partial withdrawals. (a) Determinative factors. (b) Criteria applicable. (c) Retail food industry. (d) Continuation of liability of employer for partial withdrawal under amended plan. 1386. Adjustment for partial withdrawal; determination of amount; reduction for partial withdrawal liability; procedures applicable. 1387. Reduction or waiver of complete withdrawal liability; procedures and standards applicable. 1388. Reduction of partial withdrawal liability. (a) Obligation of employer for payments for partial withdrawal for plan years beginning after the second consecutive plan year following the partial withdrawal year; criteria applicable; furnishing of bond in lieu of payment of partial withdrawal liability. (b) Obligation of employer for payments for partial withdrawal for plan years beginning after the second consecutive plan year; other criteria applicable. (c) Pro rata reduction of amount of partial withdrawal liability payment of employer for plan year following partial withdrawal year. (d) Building and construction industry; entertainment industry. (e) Reduction or elimination of partial withdrawal liability under any conditions; criteria; procedures applicable. 1389. De minimis rule. (a) Reduction of unfunded vested benefits allocable to employer withdrawn from plan. (b) Amendment of plan for reduction of amount of unfunded vested benefits allocable to employer withdrawn from plan. (c) Nonapplicability. (d) Presumption of employer withdrawal from plan pursuant to agreement or arrangement applicable in action or proceeding to determine or collect withdrawal liability. 1390. Nonapplicability of withdrawal liability for certain temporary contribution obligation periods; exception. 1391. Methods for computing withdrawal liability. (a) Determination of amount of unfunded vested benefits allocable to employer withdrawn from plan. (b) Factors determining computation of amount of unfunded vested benefits allocable to employer withdrawn from plan. (c) Amendment of multiemployer plan for determination respecting amount of unfunded vested benefits allocable to employer withdrawn from plan; factors determining computation of amount. (d) Method of calculating allocable share of employer of unfunded vested benefits set forth in subsection (c)(3) of this section; applicability of certain statutory provisions. (e) Reduction of liability of withdrawn employer in case of transfer of liabilities to another plan incident to withdrawal or partial withdrawal of employer. (f) Computations applicable in case of withdrawal following merger of multiemployer plans. 1392. Obligation to contribute. (a) "Obligation to contribute" defined. (b) Payments of withdrawal liability not considered contributions. (c) Transactions to evade or avoid liability. 1393. Actuarial assumptions. (a) Use by plan actuary in determining unfunded vested benefits of a plan for computing withdrawal liability of employer. (b) Factors determinative of unfunded vested benefits of plan for computing withdrawal liability of employer. (c) Determination of amount of unfunded vested benefits. 1394. Application of plan amendments; exception. 1395. Plan notification to corporation of potentially significant withdrawals. 1396. Special rules for plans under section 404(c) of title 26. (a) Amount of withdrawal liability; determinative factors. (b) Covered plans. (c) Amount of liability of employer; "a year of signatory service" defined. 1397. Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan. 1398. Withdrawal not to occur because of change in business form or suspension of contributions during labor dispute. 1399. Notice, collection, etc., of withdrawal liability. (a) Furnishing of information by employer to plan sponsor. (b) Notification, demand for payment, and review upon complete or partial withdrawal by employer. (c) Payment requirements; amount, etc. (d) Applicability of statutory prohibitions. 1400. Approval of amendments. (a) Amendment of covered multiemployer plan; procedures applicable. (b) Amendment respecting methods for computing withdrawal liability. (c) Criteria for disapproval by corporation. 1401. Resolution of disputes. (a) Arbitration proceedings; matters subject to arbitration, procedures applicable, etc. (b) Alternative collection proceedings; civil action subsequent to arbitration award; conduct of arbitration proceedings. (c) Presumption respecting finding of fact by arbitrator. (d) Payments by employer prior and subsequent to determination by arbitrator; adjustments; failure of employer to make payments. (e) Furnishing of information by plan sponsor to employer respecting computation of withdrawal liability of employer; fees. 1402. Reimbursements for uncollectible withdrawal liability. (a) Required supplemental program to reimburse for payments due from employers uncollectible as a result of employer involvement in bankruptcy case or proceedings; program participation, premiums, etc. (b) Discretionary supplemental program to reimburse for payments due from employers uncollectible for other appropriate reasons. (c) Payment of cost of program. (d) Terms and conditions, limitations, etc., of supplemental program. (e) Arrangements by corporation with private insurers for implementation of program; election of coverage by participating plans with private insurers. 1403. Withdrawal liability payment fund. (a) Establishment of or participation in fund by plan sponsors. (b) Definitions. (c) Payments to plan; amount, criteria, etc. (d) Application of payments by plan. (e) Subrogation of fund to rights of plan. (f) Discharge of rights of fiduciary of fund; standards applicable, etc. (g) Prohibition on payments from fund to plan where certain labor negotiations involve employer withdrawn or partially withdrawn from plan and continuity of labor organization representing employees continues. (h) Purchase of insurance by employer. (i) Promulgation of regulations for establishment and maintenance of fund. 1404. Alternative method of withdrawal liability payments. 1405. Limitation on withdrawal liability. (a) Unfunded vested benefits allocable to employer in bona fide sale of assets of employer in arms-length transaction to unrelated party; maximum amount; determinative factors. (b) Unfunded vested benefits allocable to insolvent employer undergoing liquidation or dissolution; maximum amount; determinative factors. (c) Property not subject to enforcement of liability; precondition. (d) Insolvency of employer; liquidation or dissolution value of employer. (e) One or more withdrawals of employer attributable to same sale, liquidation, or dissolution. PART 2 - MERGER OR TRANSFER OF PLAN ASSETS OR LIABILITIES 1411. Mergers and transfers between multiemployer plans. (a) Authority of plan sponsor. (b) Criteria. (c) Actions not deemed violation of section 1106(a) or (b)(2) of this title. (d) Nature of plan to which liabilities are transferred. 1412. Transfers between a multiemployer plan and a single-employer plan. (a) General authority. (b) Accrued benefit of participant or beneficiary not lower immediately after effective date of transfer or merger. (c) Liability of multiemployer plan to corporation where single-employer plan terminates within 60 months after effective date of transfer; amount of liability, exemption, etc. (d) Guarantee of benefits under single-employer plan. (e) Transfer of liabilities by multiemployer plan to single-employer plan. (f) Additional requirements by corporation for protection of interests of plan participants, beneficiaries and corporation; approval by corporation of transfer of assets or liabilities to single-employer plan from plan in reorganization; covered transfers in connection with termination. 1413. Partition. (a) Authority of corporation. (b) Authority of plan sponsor upon application to corporation for partition order; procedures applicable to corporation. (c) Authority of corporation notwithstanding pendency of partition proceeding. (d) Scope of partition order. (e) Nature of plan created by partition. (f) Authority of corporation to obtain decree partitioning plan and appointing trustee for terminated portion of partitioned plan. 1414. Asset transfer rules. (a) Applicability and scope. (b) Exemption of de minimis transfers. (c) Written reciprocity agreements. 1415. Transfers pursuant to change in bargaining representative. (a) Authority to transfer from old plan to new plan pursuant to employee participation in another multiemployer plan after certified change of representative. (b) Notification by employer of plan sponsor of old plan; notification by plan sponsor of old plan of employer and plan sponsor of new plan; appeal by new plan to prevent transfer; further proceedings. (c) Reduction of amount of withdrawal liability of employer upon transfer of appropriate amount of assets and liabilities by plan sponsor of old plan to new plan. (d) Escrow payments by employer upon complete or partial withdrawal and prior to transfer. (e) Prohibition on transfer of assets to new plan by plan sponsor of old plan; exemptions. (f) Agreement between plan sponsors of old plan and new plan to transfer in compliance with other statutory provisions; reduction of withdrawal liability of employer from old plan; amount of withdrawal liability of employer to new plan. (g) Definitions. PART 3 - REORGANIZATION; MINIMUM CONTRIBUTION REQUIREMENT FOR MULTIEMPLOYER PLANS 1421. Reorganization status. (a) Reorganization index of plan for plan year greater than zero. (b) Determination of reorganization index of plan for plan year; applicable factors, definitions, etc. (c) Payment of benefits to participants. (d) Terminated multiemployer plans. 1422. Notice of reorganization and funding requirements. 1423. Minimum contribution requirement. (a) Maintenance of funding standard account; amount of accumulated funding deficiency. (b) Determination of amount; applicable factors. (c) Current contribution base; valuation contribution base. (d) Maximum amount; amount of funding standard requirement; applicability to plan amendments increasing benefits. (e) Adjustment of vested benefits charge. (f) Waiver of accumulated funding deficiency. (g) Statutory methods applicable for determinations. 1424. Overburden credit against minimum contribution requirement. (a) Applicability of overburden credit to determinations. (b) Determination of overburden status of plan. (c) Amount of overburden credit. (d) Amount of overburden factor. (e) Definitions; determinative factors. (f) Eligibility of plan for overburden credit for plan year. (g) Overburden credit where 2 or more multiemployer plans merge. 1425. Adjustments in accrued benefits. (a) Amendment of multiemployer plan in reorganization to reduce or eliminate accrued benefits attributable to employer contributions ineligible for guarantee of corporation; adjustment of vested benefits charge to reflect plan amendment. (b) Reduction of accrued benefits; notice by plan sponsors to plan participants and beneficiaries. (c) Recoupment by plan of excess benefit payment. (d) Amendment of plan to increase or restore accrued benefits previously reduced or rate of future benefit accruals; conditions, applicable factors, etc. (e) "Inactive participant" defined. (f) Promulgation of rules; contents, etc. 1426. Insolvent plans. (a) Suspension of payments of benefits; conditions, amount, etc. (b) Determination of insolvency status for plan year; definitions. (c) Determination by plan sponsor of plan in reorganization of resource benefit level of plan for each insolvency year; uniform application of suspension of benefits; adjustments of benefit payments. (d) Applicability and determinations respecting plan assets; time for determinations of resource benefit level and level of basic benefits. (e) Notice, etc., requirements of plan sponsor of plan in reorganization regarding insolvency and resource benefit levels. (f) Financial assistance from corporation; conditions and criteria applicable. PART 4 - FINANCIAL ASSISTANCE 1431. Assistance by corporation. (a) Authority; procedure applicable; amount. (b) Conditions; repayment terms. (c) Assistance pending final determination of application. PART 5 - BENEFITS AFTER TERMINATION 1441. Benefits under certain terminated plans. (a) Amendment of plan by plan sponsor to reduce benefits, and suspension of benefit payments. (b) Determinations respecting value of nonforfeitable benefits under terminated plan and value of assets of plan. (c) Amendment of plan by plan sponsor to reduce benefits for conservation of assets; factors applicable. (d) Suspension of benefit payments; determinative factors; powers and duties of plan sponsor; retroactive benefit payments. PART 6 - ENFORCEMENT 1451. Civil actions. (a) Persons entitled to maintain actions. (b) Failure of employer to make withdrawal liability payment within prescribed time. (c) Jurisdiction of Federal and State courts. (d) Venue and service of process. (e) Costs and expenses. (f) Time limitations. (g) Service of complaint on corporation; intervention by corporation. 1452. Penalty for failure to provide notice. 1453. Election of plan status. (a) Authority, time, and criteria. (b) Requirements. (c) Effective date. SUBTITLE F - TRANSITION RULES AND EFFECTIVE DATES 1461. Effective date; special rules. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 441 of this title; title 7 section 1a; title 15 sections 77b, 78c, 631b, 662; title 18 section 1027; title 20 section 1085; title 26 sections 412, 414; title 26 section 404; title 31 section 9502; title 42 sections 1395w-22, 1396s, 1396u-2; title 45 section 743. -End- -CITE- 29 USC SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS 01/06/03 -EXPCITE- TITLE 29 - LABOR CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS -HEAD- SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1201, 1202, 1203, 1343 of this title; title 18 sections 664, 1027, 1954; title 19 section 2345; title 26 section 6103; title 42 sections 666, 1395i. -End- -CITE- 29 USC Subtitle A - General Provisions 01/06/03 -EXPCITE- TITLE 29 - LABOR CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS Subtitle A - General Provisions -HEAD- SUBTITLE A - GENERAL PROVISIONS -End- -CITE- 29 USC Sec. 1001 01/06/03 -EXPCITE- TITLE 29 - LABOR CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS Subtitle A - General Provisions -HEAD- Sec. 1001. Congressional findings and declaration of policy -STATUTE- (a) Benefit plans as affecting interstate commerce and the Federal taxing power The Congress finds that the growth in size, scope, and numbers of employee benefit plans in recent years has been rapid and substantial; that the operational scope and economic impact of such plans is increasingly interstate; that the continued well-being and security of millions of employees and their dependents are directly affected by these plans; that they are affected with a national public interest; that they have become an important factor affecting the stability of employment and the successful development of industrial relations; that they have become an important factor in commerce because of the interstate character of their activities, and of the activities of their participants, and the employers, employee organizations, and other entities by which they are established or maintained; that a large volume of the activities of such plans are carried on by means of the mails and instrumentalities of interstate commerce; that owing to the lack of employee information and adequate safeguards concerning their operation, it is desirable in the interests of employees and their beneficiaries, and to provide for the general welfare and the free flow of commerce, that disclosure be made and safeguards be provided with respect to the establishment, operation, and administration of such plans; that they substantially affect the revenues of the United States because they are afforded preferential Federal tax treatment; that despite the enormous growth in such plans many employees with long years of employment are losing anticipated retirement benefits owing to the lack of vesting provisions in such plans; that owing to the inadequacy of current minimum standards, the soundness and stability of plans with respect to adequate funds to pay promised benefits may be endangered; that owing to the termination of plans before requisite funds have been accumulated, employees and their beneficiaries have been deprived of anticipated benefits; and that it is therefore desirable in the interests of employees and their beneficiaries, for the protection of the revenue of the United States, and to provide for the free flow of commerce, that minimum standards be provided assuring the equitable character of such plans and their financial soundness. (b) Protection of interstate commerce and beneficiaries by requiring disclosure and reporting, setting standards of conduct, etc., for fiduciaries It is hereby declared to be the policy of this chapter to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts. (c) Protection of interstate commerce, the Federal taxing power, and beneficiaries by vesting of accrued benefits, setting minimum standards of funding, requiring termination insurance It is hereby further declared to be the policy of this chapter to protect interstate commerce, the Federal taxing power, and the interests of participants in private pension plans and their beneficiaries by improving the equitable character and the soundness of such plans by requiring them to vest the accrued benefits of employees with significant periods of service, to meet minimum standards of funding, and by requiring plan termination insurance. -SOURCE- (Pub. L. 93-406, title I, Sec. 2, Sept. 2, 1974, 88 Stat. 832.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original "this Act", meaning Pub. L. 93-406, 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 below and Tables. -MISC1- EFFECTIVE DATE OF 1984 AMENDMENTS; TRANSITIONAL RULES Pub. L. 98-397, title III, Secs. 302, 303, Aug. 23, 1984, 98 Stat. 1451, 1452, as amended by Pub. L. 99-514, Sec. 2, title XI, Sec. 1145(c), title XVIII, Sec. 1898(g), (h)(1)(A), (2), (3), Oct. 22, 1986, 100 Stat. 2095, 2491, 2956, 2957; Pub. L. 101-239, title VII, Sec. 7861(d)(1), Dec. 19, 1989, 103 Stat. 2431, provided that: "SEC. 302. GENERAL EFFECTIVE DATES. "(a) In General. - Except as otherwise provided in this section or section 303, the amendments made by this Act [see Short Title of 1984 Amendments note below] shall apply to plan years beginning after December 31, 1984. "(b) Special Rule for Collective Bargaining Agreements. - In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of the enactment of this Act [Aug. 23, 1984], except as provided in subsection (d) or section 303, the amendments made by this Act shall not apply to plan years beginning before the earlier of - "(1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act [Aug. 23, 1984]), or "(2) July 1, 1988. For purposes of paragraph (1), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by title I or II [of Pub. L. 98-397] shall not be treated as a termination of such collective bargaining agreement. "(c) Notice Requirement. - The amendments made by section 207 [amending sections 402 and 6652 of Title 26, Internal Revenue Code] shall apply to distributions after December 31, 1984. "(d) Special Rules for Treatment of Plan Amendments. - "(1) In general. - Except as provided in paragraph (2), the amendments made by section 301 [amending section 1054 of this title and sections 401 and 411 of Title 26] shall apply to plan amendments made after July 30, 1984. "(2) Special rule for collective bargaining agreements. - In the case of a plan maintained pursuant to 1 or more collective bargaining agreements entered into before January 1, 1985, which are - "(A) between employee representatives and 1 or more employers, and "(B) successor agreements to 1 or more collective bargaining agreements which terminate after July 30, 1984, and before January 1, 1985, the amendments made by section 301 shall not apply to plan amendments adopted before April 1, 1985, pursuant to such successor agreements (without regard to any modification or reopening after December 31, 1984). "SEC. 303. TRANSITIONAL RULES. "(a) Amendments Relating to Vesting Rules; Breaks in Service; Maternity or Paternity Leave. - "(1) Minimum age for vesting. - The amendments made by sections 102(b) and 202(b) [amending section 1053 of this title and section 411 of Title 26, Internal Revenue Code] shall apply in the case of participants who have at least 1 hour of service under the plan on or after the first day of the first plan year to which the amendments made by this Act [see Short Title of 1984 Amendments note below] apply. "(2) Break in service rules. - If, as of the day before the first day of the first plan year to which the amendments made by this Act apply, section 202(a) or (b) or 203(b) of the Employee Retirement Income Security Act of 1974 [section 1052(a) or (b) or section 1053(b) of this title] or section 410(a) or 411(a) of the Internal Revenue Code of 1986 [section 410(a) or section 411(a) of Title 26] (as in effect on the day before the date of the enactment of this Act [Aug. 23, 1984]) would not require any service to be taken into account, nothing in the amendments made by subsections (c) and (d) of section 102 of this Act [amending sections 1052 and 1053 of this title] and subsections (c) and (d) of section 202 of this Act [amending sections 410 and 411 of Title 26] shall be construed as requiring such service to be taken into account under such section 202(a) or (b), 203(b), 410(a), or 411(a); as the case may be. "(3) Maternity or paternity leave. - The amendments made by sections 102(e) and 202(e) [amending sections 1052 to 1054 of this title and sections 410 and 411 of Title 26] shall apply in the case of absences from work which begin on or after the first day of the first plan year to which the amendments made by this Act apply. "(b) Special Rule for Amendments Relating to Maternity or Paternity Absences. - If a plan is administered in a manner which would meet the amendments made by sections 102(e) and 202(e) [amending sections 1052 to 1054 of this title and sections 410 and 411 of Title 26] (relating to certain maternity or paternity absences not treated as breaks in service), such plan need not be amended to meet such requirements until the earlier of - "(1) the date on which such plan is first otherwise amended after the date of the enactment of this Act [Aug. 23, 1984], or "(2) the beginning of the first plan year beginning after December 31, 1986. "(c) Requirement of Joint and Survivor Annuity and Preretirement Survivor Annuity. - "(1) Requirement that participant have at least 1 hour of service or paid leave on or after date of enactment. - The amendments made by sections 103 and 203 [amending section 1055 of this title and section 401 of Title 26 and enacting section 417 of Title 26] shall apply only in the case of participants who have at least 1 hour of service under the plan on or after the date of the enactment of this Act [Aug. 23, 1984] or have at least 1 hour of paid leave on or after such date of enactment. "(2) Requirement that preretirement survivor annuity be provided in case of certain participants dying on or after date of enactment. - In the case of any participant - "(A) who has at least 1 hour of service under the plan on or after the date of the enactment of this Act [Aug. 23, 1984] or has at least 1 hour of paid leave on or after such date of enactment, "(B) who dies before the annuity starting date, and "(C) who dies on or after the date of the enactment of this Act [Aug. 23, 1984] and before the first day of the first plan year to which the amendments made by this Act apply, the amendments made by sections 103 and 203 shall be treated as in effect as of the time of such participant's death. In the case of a profit-sharing or stock bonus plan to which this paragraph applies, the plan shall be treated as meeting the requirements of the amendments made by sections 103 and 203 with respect to any participant if the plan made a distribution in a form other than a life annuity to the surviving spouse of the participant of such participant's nonforfeitable benefit. "(3) Spousal consent required for certain elections after december 31, 1984. - Any election after December 31, 1984, and before the first day of the first plan year to which the amendments made by this Act apply not to take a joint and survivor annuity shall not be effective unless the requirements of section 205(c)(2) of the Employee Retirement Income Security Act of 1974 [section 1055(c)(2) of this title] (as amended by section 103 of this Act) and section 417(a)(2) of the Internal Revenue Code of 1986 [section 417(a)(2) of Title 26] (as added by section 203 of this Act) are met with respect to such election. "(4) Elimination of double death benefits. - "(A) In general. - In the case of a participant described in paragraph (2), death benefits (other than a qualified joint and survivor annuity or a qualified preretirement survivor annuity) payable to any beneficiary shall be reduced by the amount payable to the surviving spouse of such participant by reason of paragraph (2). The reduction under the preceding sentence shall be made on the basis of the respective present values (as of the date of the participant's death) of such death benefits and the amount so payable to the surviving spouse. "(B) Spouse may waive provisions of paragraph (2). - In the case of any participant described in paragraph (2), the surviving spouse of such participant may waive the provisions of paragraph (2). Such waiver shall be made on or before the close of the second plan year to which the amendments made by section 103 of this Act [amending section 1055 of this title] apply. Such a waiver shall not be treated as a transfer of property for purposes of chapter 12 of the Internal Revenue Code of 1986 and shall not be treated as an assignment or alienation for purposes of section 401(a)(13) of the Internal Revenue Code of 1986 [section 401(a)(13) of Title 26] or section 206(d) of the Employee Retirement Income Security Act of 1974 [section 1056 of this title]. "(d) Amendments Relating to Assignments in Divorce, Etc., Proceedings. - The amendments made by sections 104 and 204 [amending sections 1056 and 1144 of this title and sections 72, 401, 402 and 414 of Title 26] shall take effect on January 1, 1985, except that in the case of a domestic relations order entered before such date, the plan administrator - "(1) shall treat such order as a qualified domestic relations order if such administrator is paying benefits pursuant to such order on such date, and "(2) may treat any other such order entered before such date as a qualified domestic relations order even if such order does not meet the requirements of such amendments. "(e) Treatment of Certain Participants Who Separate From Service Before Date of Enactment. - "(1) Joint and survivor annuity provisions of employee retirement income security act of 1974 apply to certain participants. - If - "(A) a participant had at least 1 hour of service under the plan on or after September 2, 1974, "(B) section 205 of the Employee Retirement Income Security Act of 1974 [section 1055 of this title] and section 401(a)(11) of the Internal Revenue Code of 1986 [section 401(a)(11) of Title 26] (as in effect on the day before the date of the enactment of this Act [Aug. 23, 1984]) would not (but for this paragraph) apply to such participant, "(C) the amendments made by sections 103 and 203 [amending section 1055 of this title and section 401 of Title 26 and enacting section 417 of Title 26] of this Act do not apply to such participant, and "(D) as of the date of the enactment of this Act [Aug. 23, 1984], the participant's annuity starting date has not occurred and the participant is alive, then such participant may elect to have section 205 of the Employee Retirement Income Security Act of 1974 [section 1055 of this title] and section 401(a)(11) of the Internal Revenue Code of 1986 [section 401(a)(11) of Title 26] (as in effect on the day before the date of the enactment of this Act) apply. "(2) Treatment of certain participants who perform service on or after january 1, 1976. - If - "(A) a participant had at least 1 hour of service in any plan year beginning on or after January 1, 1976, "(B) the amendments made by sections 103 and 203 [amending section 1055 of this title and section 401 of Title 26 and enacting section 417 of Title 26] would not (but for this paragraph) apply to such participant, "(C) when such participant separated from service, such participant had at least 10 years of service under the plan and had a nonforfeitable right to all (or any portion) of such participant's accrued benefit derived from employer contributions, and "(D) as of the date of the enactment of this Act [Aug. 23, 1984], such participant's annuity starting date has not occurred and such participant is alive, then such participant may elect to have the qualified preretirement survivor annuity requirements of the amendments made by sections 103 and 203 apply. "(3) Period during which election may be made. - An election under paragraph (1) or (2) may be made by any participant during the period - "(A) beginning on the date of the enactment of this Act [Aug. 23, 1984], and "(B) ending on the earlier of the participant's annuity starting date or the date of the participant's death. "(4) Requirement of notice. - "(A) In general. - "(i) Time and manner. - Every plan shall give notice of the provisions of this subsection at such time or times and in such manner or manners as the Secretary of the Treasury may prescribe. "(ii) Penalty. - If any plan fails to meet the requirements of clause (i), such plan shall pay a civil penalty to the Secretary of the Treasury equal to $1 per participant for each day during the period beginning with the first day on which such failure occurs and ending on the day before notice is given by the plan; except that the amount of such penalty imposed on any plan shall not exceed $2,500. "(B) Responsibilities of secretary of labor. - The Secretary of Labor shall take such steps (by public announcements and otherwise) as may be necessary or appropriate to bring to public attention the provisions of this subsection. "(f) The amendments made by section 301 of this Act [amending section 1054 of this title and sections 401 and 411 of Title 26] shall not apply to the termination of a defined benefit plan if such termination - "(1) is pursuant to a resolution directing the termination of such plan which was adopted by the Board of Directors of a corporation on July 17, 1984, and "(2) occurred on November 30, 1984." [Amendment by section 1145(c) of Pub. L. 99-514 applicable as if included in the amendments made by the Retirement Equity Act of 1984, Pub. L. 98-397, see section 1145(d) of Pub. L. 99-514, set out as a note under section 401 of Title 26.] [Amendment by section 1898(g), (h)(1)(A), (2), (3) of Pub. L. 99-514 effective as if included in the provision of the Retirement Equity Act of 1984, Pub. L. 98-397, to which such amendment relates, except as otherwise provided, see section 1898(j) of Pub. L. 99-514, set out as a note under section 401 of Title 26.] SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-92, Sec. 1, Nov. 19, 1997, 111 Stat. 2139, provided that: "This Act [enacting sections 1146 and 1147 of this title and provisions set out as a note under section 1146 of this title] may be cited as the 'Savings Are Vital to Everyone's Retirement Act of 1997'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-401, Sec. 1, Oct. 22, 1994, 108 Stat. 4172, provided that: "This Act [amending section 1132 of this title and enacting provisions set out as notes under section 1132 of this title] may be cited as the 'Pension Annuitants Protection Act of 1994'." SHORT TITLE OF 1991 AMENDMENT Pub. L. 102-89, Sec. 1, Aug. 14, 1991, 105 Stat. 446, provided that: "This Act [amending section 1002 of this title and enacting provisions set out as a note under section 1002 of this title] may be cited as the 'Rural Telephone Cooperative Associations ERISA Amendments Act of 1991'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-272, title XI, Sec. 11001, Apr. 7, 1986, 100 Stat. 237, provided that: "This title [enacting sections 1001b, 1085a, 1143a, 1349, 1369, and 1370 of this title, amending sections 1002, 1023, 1024, 1054, 1061, 1083, 1084, 1086, 1301, 1303, 1305, 1306, 1322, 1322a, 1341, 1342, 1344, 1347, 1348, 1362 to 1364, and 1366 to 1368 of this title, and sections 402, 404, 412, and 501 of Title 26, Internal Revenue Code, repealing section 1304 of this title, and enacting provisions set out as notes under sections 1023, 1054, 1085a, 1135, 1143a, 1303, 1306, 1341, 1362, and 1369 of this title and section 404 of Title 26] may be cited as 'Single-Employer Pension Plan Amendments Act of 1986'." SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-397, Sec. 1, Aug. 23, 1984, 98 Stat. 1426, provided that: "This Act [enacting section 417 of Title 26, Internal Revenue Code, amending sections 1025, 1052 to 1056, and 1144 of this title and sections 72, 401, 402, 410, 411, 414, 6057, and 6652 of Title 26, and enacting provisions set out as notes under this section] may be cited as the 'Retirement Equity Act of 1984'." SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-364, Sec. 1, Sept. 26, 1980, 94 Stat. 1208, provided that: "This Act [enacting sections 1001a, 1145, 1322a, 1322b, 1323, 1341a, 1381 to 1405, 1411 to 1415, 1421 to 1426, 1431, 1441, and 1451 to 1453 of this title and sections 418 to 418E of Title 26, Internal Revenue Code, amending sections 1002, 1023, 1051, 1053, 1058, 1081, 1082, 1103, 1104, 1108, 1132, 1202, 1301 to 1303, 1305 to 1307, 1321, 1322, 1341, 1342, 1344, 1346, 1348, 1361 to 1366, and 1461 of this title, section 8521 of Title 5, Government Organization and Employees, and sections 194, 401, 404, 411 to 414, 501, 3304, 4971 and 4975 of Title 26, repealing former section 1323 of this title, and enacting provisions set out as notes under this section, sections 1001a, 1302, 1306, 1381, 1385, 1426 and 1461 of this title, section 8521 of Title 5, and sections 401, 404, 414, 418, and 3304 of Title 26] may be cited as the 'Multiemployer Pension Plan Amendments Act of 1980'." SHORT TITLE Section 1 of Pub. L. 93-406 provided that: "This Act [enacting this chapter, sections 408 to 415, 4971 to 4975, 6057 to 6059, 6692, and 6693 of Title 26, Internal Revenue Code, section 1037 of former Title 31, Money and Finance, and section 1320b-1 of Title 42, The Public Health and Welfare, amending section 441 of this title, sections 5108 and 5109 of Title 5, Government Organization and Employees, sections 664, 1027, and 1954 of Title 18, Crimes and Criminal Procedure, sections 37, 46, 56, 62, 72, 101, 122, 219, 220, 275, 401, 402, 403, 404, 405, 406, 407, 503, 801, 805, 871, 901, 1304, 1348, 1379, 2039, 3401, 6033, 6047, 6051, 6103, 6104, 6161, 6201, 6204, 6211, 6212, 6213, 6214, 6344, 6501, 6503, 6511, 6512, 6601, 6652, 6653, 6659, 6676, 6677, 6679, 6682, 6688, 6690, 6861, 6862, 7422, 7451, 7459, 7482, 7701, and 7802, of Title 26, and section 846 of former Title 31, repealing sections 301 to 309 of this title, and enacting provisions set out as notes under sections 72, 122, 219, 401, 402, 403, 404, 410, 411, 412, 415, 501, 4973, 4975, 6057, 6059, 6103, 6104, 7476, and 7802 of Title 26] may be cited as the 'Employee Retirement Income Security Act of 1974'." COORDINATION OF INTERNAL REVENUE CODE OF 1986 WITH EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 This subchapter and subchapter III of this chapter 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 section 9343(a) of Pub. L. 100-203, set out as a note under section 401 of Title 26, Internal Revenue Code. STUDY BY COMPTROLLER GENERAL OF THE UNITED STATES OF EFFECT OF PENSION RULES ON WOMEN Pub. L. 98-397, title III, Sec. 304, Aug. 23, 1984, 98 Stat. 1454, directed Comptroller General to conduct detailed study of effect on women of participation, vesting, funding, integration, survivorship features, and other relevant plan and Federal pension rules and, not later than Jan. 1, 1990, submit a report on the study to Congress. STUDY BY GENERAL ACCOUNTING OFFICE REGARDING RESULTS OF MULTIEMPLOYER PENSION PLAN AMENDMENTS ACT OF 1980; PROCEDURES APPLICABLE Pub. L. 96-364, title IV, Sec. 413, Sept. 26, 1980, 94 Stat. 1309, directed Comptroller General to conduct a study of effects of amendments made by Pub. L. 99-364 on: participants, beneficiaries, employers, employee organizations, and other parties, and the self-sufficiency of the fund established under section 1305 of this title with respect to benefits guaranteed under section 1322a of this title, taking into account financial conditions of multiemployer plans and employers and to report to Congress no later than June 30, 1985, results of study including his recommendations with respect thereto. PRESIDENT'S COMMISSION ON PENSION POLICY; EXTENSION OF TERM; CONTINUATION OF EFFORT Pub. L. 96-14, May 24, 1979, 93 Stat. 29, known as the Pension Policy Commission Act, authorized the President's Commission on Pension Policy established by Ex. Ord. No. 12071 to continue in operation for two years following May 24, 1979, and set forth membership, compensation, implementation, and reporting requirements, with the Commission to cease to exist ninety days after submission of the final report. REORGANIZATION PLAN NO. 4 OF 1978 43 F.R. 47713, 92 STAT. 3790 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, August 10, 1978, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code.(!1) EMPLOYEE RETIREMENT INCOME SECURITY ACT TRANSFERS SECTION 101. TRANSFER TO THE SECRETARY OF THE TREASURY Except as otherwise provided in Sections 104 and 106 of this Plan, all authority of the Secretary of Labor to issue the following described documents pursuant to the statutes hereinafter specified is hereby transferred to the Secretary of the Treasury: (a) regulations, rulings, opinions, variances and waivers under Parts 2 [29 U.S.C. 1051 et seq.] and 3 [29 U.S.C. 1081 et seq.] of Subtitle B of Title I and subsection 1012(c) [set out as a note under 26 U.S.C. 411] of Title II of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) (hereinafter referred to as "ERISA"). EXCEPT for sections and subsections 201, 203(a)(3)(B), 209, and 301(a) of ERISA; [29 U.S.C. 1051, 1053(a)(3)(B), 1059, and 1081(a)]; (b) such regulations, rulings, and opinions which are granted to the Secretary of Labor under Sections 404, 410, 411, 412, and 413 of the Internal Revenue Code of 1954, as amended [26 U.S.C. 404, 410, 411, 412, and 413], (hereinafter referred to as the "Code"). EXCEPT for subsection 411(a)(3)(B) of the Code [26 U.S.C. 411(a)(3)(B)] and the definitions of "collectively bargained plan" and "collective bargaining agreement" contained in subsections 404 (a)(1)(B) and (a)(1)(C), 410 (b)(2)(A) and (b)(2)(B), and 413(a)(1) of the Code [26 U.S.C. 404(a)(1)(B) and (a)(1)(C), 410 (b)(2)(A) and (b)(2)(B), and 413(a)(1)]; and (c) regulations, rulings, and opinions under subsections 3(19), 3(22), 3(23), 3(24), 3(25), 3(27), 3(28), 3(29), 3(30), and 3(31) of Subtitle A of Title I of ERISA [29 U.S.C. 1002(19), (22), (23), (24), (25), (27), (28), (29), (30), and (31)]. SEC. 102. TRANSFER TO THE SECRETARY OF LABOR Except as otherwise provided in Section 105 of this Plan, all authority of the Secretary of the Treasury to issue the following described documents pursuant to the statutes hereinafter specified is hereby transferred to the Secretary of Labor; (a) regulations, rulings, opinions, and exemptions under section 4975 of the Code [26 U.S.C. 4975], EXCEPT for (i) subsections 4975(a), (b), (c)(3), (d)(3), (c)(1), and (e)(7) of the Code [26 U.S.C. 4975(a), (b), (c)(3), (d)(3), (e)(1), and (e)(7)]; (ii) to the extent necessary for the continued enforcement of subsections 4975(a) and (b) [26 U.S.C. 4975(a) and (b)] by the Secretary of the Treasury, subsections 4975(f)(1), (f)(2), (f)(4), (f)(5) and (f)(6) of the Code [26 U.S.C. 4975(f)(1), (f)(2), (f)(4), (f)(5) and (f)(6)]; and (iii) exemptions with respect to transactions that are exempted by subsection 404(c) of ERISA [29 U.S.C. 1104(c)] from the provisions of Part 4 of Subtitle B of Title I of ERISA [29 U.S.C. 1101 et seq.]; and (b) regulations, rulings, and opinions under subsection 2003(c) of ERISA [set out as a note under 29 U.S.C. 4975]. EXCEPT for subsection 2003(c)(1)(B) [set out in the note under 26 U.S.C. 4975]. SEC. 103. COORDINATION CONCERNING CERTAIN FIDUCIARY ACTIONS In the case of fiduciary actions which are subject to Part 4 of Subtitle B of Title I of ERISA [29 U.S.C. 1101 et seq.], the Secretary of the Treasury shall notify the Secretary of Labor prior to the time of commencing any proceeding to determine whether the action violates the exclusive benefit rule of subsection 401(a) of the Code [26 U.S.C. 401(a)], but not later than prior to issuing a preliminary notice of intent to disqualify under that rule, and the Secretary of the Treasury shall not issue a determination that a plan or trust does not satisfy the requirements of subsection 401(a) by reason of the exclusive benefit rule of subsection 401(a), unless within 90 days after the date on which the Secretary of the Treasury notifies the Secretary of Labor of pending action, the Secretary of Labor certifies that he has no objection to the disqualification or the Secretary of Labor fails to respond to the Secretary of the Treasury. The requirements of this paragraph do not apply in the case of any termination or jeopardy assessment under sections 6851 or 6861 of the Code [26 U.S.C. 6851 or 6861] that has been approved in advance by the Commissioner of Internal Revenue, or, as delegated, the Assistant Commissioner for Employee Plans and Exempt Organizations. SEC. 104. ENFORCEMENT BY THE SECRETARY OF LABOR The transfers provided for in Section 101 of this Plan shall not affect the ability of the Secretary of Labor, subject to the provisions of Title III of ERISA [29 U.S.C. 1201 et seq.] relating to jurisdiction, administration, and enforcement, to engage in enforcement under Section 502 of ERISA [29 U.S.C. 1132] or to exercise the authority set forth under Title III of ERISA, including the ability to make interpretations necessary to engage in such enforcement or to exercise such authority. However, in bringing such actions and in exercising such authority with respect to Parts 2 [29 U.S.C. 1051 et seq.] and 3 [29 U.S.C. 1081 et seq.] of Subtitle B of Title I of ERISA and any definitions for which the authority of the Secretary of Labor is transferred to the Secretary of the Treasury as provided in Section 101 of this Plan, the Secretary of Labor shall be bound by the regulations, rulings, opinions, variances, and waivers issued by the Secretary of the Treasury. SEC. 105. ENFORCEMENT BY THE SECRETARY OF THE TREASURY The transfers provided for in Section 102 of this Plan shall not affect the ability of the Secretary of the Treasury, subject to the provisions of Title III of ERISA [29 U.S.C. 1201 et seq.] relating to jurisdiction, administration, and enforcement, (a) to audit plans and employers and to enforce the excise tax provisions of subsections 4975(a) and 4975(b) of the Code [26 U.S.C. 4975(a) and (b)], to exercise the authority set forth in subsections 502(b)(1) and 502(h) of ERISA [29 U.S.C. 1132(b)(1) and (h)], or to exercise the authority set forth in Title III of ERISA, including the ability to make interpretations necessary to audit, to enforce such taxes, and to exercise such authority; and (b) consistent with the coordination requirements under Section 103 of this Plan, to disqualify, under section 401 of the Code [26 U.S.C. 401], a plan subject to Part 4 of Subtitle B of Title I of ERISA [29 U.S.C. 1101 et seq.], including the ability to make the interpretations necessary to make such disqualification. However, in enforcing such excise taxes and, to the extent applicable, in disqualifying such plans the Secretary of the Treasury shall be bound by the regulations, rulings, opinions, and exemptions issued by the Secretary of Labor pursuant to the authority transferred to the Secretary of Labor as provided in Section 102 of this Plan. SEC. 106. COORDINATION FOR SECTION 101 TRANSFER (a) The Secretary of the Treasury shall not exercise the functions transferred pursuant to Section 101 of this Plan to issue in proposed or final form any of the documents described in subsection (b) of this Section in any case in which such documents would significantly impact on or substantially affect collectively bargained plans unless, within 100 calendar days after the Secretary of the Treasury notifies the Secretary of Labor of such proposed action, the Secretary of Labor certifies that he has no objection or he fails to respond to the Secretary of the Treasury. The fact of such a notification, except for such notification for documents described in subsection (b)(iv) of this Section, from the Secretary of the Treasury to the Secretary of Labor shall be announced by the Secretary of Labor to the public within ten days following the date of receipt of the notification by the Secretary of Labor. (b) The documents to which this Section applies are: (i) amendments to regulations issued pursuant to subsections 202(a)(3), 203(b)(2) and (3)(A), 204(b)(3)(A), (C), and (E), and 210(a)(2) of ERISA [29 U.S.C. 1052(a)(3), 1053(b)(2) and (3)(A), 1054(b)(3)(A), (C), and (E), and 1060(a)(2)], and subsections 410(a)(3) and 411(a)(5), (6)(A), and (b)(3)(A), (C), and (E), 413(b)(4) and (c)(3) and 414(f) of the Code [26 U.S.C. 410(a)(3) and 411(a)(5), (6)(A), and (b)(3)(A), (C), and (E), 413 (b)(4) and (c)(3) and 414(f)]; (ii) regulations issued pursuant to subsections 204(b)(3)(D), 302(c)(8), and 304(a) and (b)(2)(A) of ERISA [29 U.S.C. 1054(b)(3)(D), 1082(c)(8), and 1084(a) and (b)(2)(A)], and subsections 411(b)(3)(D), 412(c)(8), (e), and (f)(2)(A) of the Code [26 U.S.C. 411(b)(3)(D), 412(c)(8), (e), and (f)(2)(A)]; and (iii) revenue rulings (within the meaning of 26 CFR Section 601.201(a)(6)), revenue procedures, and similar publications, if the rulings, procedures and publications are issued under one of the statutory provisions listed in (i) and (ii) of this subsection; and (iv) rulings (within the meaning of 26 CFR Section 601.201(a)(2)) issued prior to the issuance of a published regulation under one of the statutory provisions listed in (i) and (ii) of this subsection and not issued under a published Revenue Ruling. (c) For those documents described in subsections (b)(i), (b)(ii) and (b)(iii) of this Section, the Secretary of Labor may request the Secretary of the Treasury to initiate the actions described in this Section 106 of this Plan. SEC. 107. EVALUATION On or before January 31, 1980, the President will submit to both Houses of the Congress an evaluation of the extent to which this Reorganization Plan has alleviated the problems associated with the present administrative structure under ERISA, accompanied by specific legislative recommendations for a long-term administrative structure under ERISA. SEC. 108. INCIDENTAL TRANSFERS So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 109. EFFECTIVE DATE The provisions of this Reorganization Plan shall become effective at such time or times, on or before April 30, 1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5, United States Code. MESSAGE OF THE PRESIDENT To the Congress of the United States: Today I am submitting to the Congress my fourth Reorganization Plan for 1978. This proposal is designed to simplify and improve the unnecessarily complex administrative requirements of the Employee Retirement Income Security Act of 1974 (ERISA) [see Short Title note set out under this section]. The new plan will eliminate overlap and duplication in the administration of ERISA and help us achieve our goal of well regulated private pension plans. ERISA was an essential step in the protection of worker pension rights. Its administrative provisions, however, have resulted in bureaucratic confusion and have been justifiably criticized by employers and unions alike. The biggest problem has been overlapping jurisdictional authority. Under current ERISA provisions, the Departments of Treasury and Labor both have authority to issue regulations and decisions. This dual jurisdiction has delayed a good many important rulings and, more importantly, produced bureaucratic runarounds and burdensome reporting requirements. The new plan will significantly reduce these problems. In addition, both Departments are trying to cut red tape and paperwork, to eliminate unnecessary reporting requirements, and to streamline forms wherever possible. Both Departments have already made considerable progress, and both will continue the effort to simplify their rules and their forms. The Reorganization Plan is the most significant result of their joint effort to modify and simplify ERISA. It will eliminate most of the jurisdictional overlap between Treasury and Labor by making the following changes: 1) Treasury will have statutory authority for minimum standards. The new plan puts all responsibility for funding, participation, and vesting of benefit rights in the Department of Treasury. These standards are necessary to ensure that employee benefit plans are adequately funded and that all beneficiary rights are protected. Treasury is the most appropriate Department to administer these provisions; however, Labor will continue to have veto power over Treasury decisions that significantly affect collectively bargained plans. 2) Labor will have statutory authority for fiduciary obligations. ERISA prohibits transactions in which self-interest or conflict of interest could occur, but allows certain exemptions from these prohibitions. Labor will be responsible for overseeing fiduciary conduct under these provisions. 3) Both Departments will retain enforcement powers. The Reorganization Plan will continue Treasury's authority to audit plans and levy tax penalties for any deviation from standards. The plan will also continue Labor's authority to bring civil action against plans and fiduciaries. These provisions are retained in order to keep the special expertise of each Department available. New coordination between the Departments will eliminate duplicative investigations of alleged violations. This reorganization will make an immediate improvement in ERISA's administration. It will eliminate almost all of the dual and overlapping authority in the two departments and dramatically cut the time required to process applications for exemptions from prohibited transactions. This plan is an interim arrangement. After the Departments have had a chance to administer ERISA under this new plan, the Office of Management and Budget and the Departments will jointly evaluate that experience. Based on that evaluation, early in 1980, the Administration will make appropriate legislative proposals to establish a long-term administrative structure for ERISA. Each provision in this reorganization will accomplish one or more of the purposes in Title 5 of U.S.C. 901(a). There will be no change in expenditure or personnel levels, although a small number of people will be transferred from the Department of Treasury to the Department of Labor. We all recognize that the administration of ERISA has been unduly burdensome. I am confident that this reorganization will significantly relieve much of that burden. This plan is the culmination of our effort to streamline ERISA. It provides an administrative arrangement that will work. ERISA has been a symbol of unnecessarily complex government regulation. I hope this new step will become equally symbolic of my Administration's commitment to making government more effective and less intrusive in the lives of our people. Jimmy Carter. The White House, August 10, 1978. -EXEC- EXECUTIVE ORDER NO. 12071 Ex. Ord. No. 12071, July 12, 1978, 43 F.R. 30259, which established the President's Commission on Pension Policy and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, Sec. 1, Aug. 17, 1982, 47 F.R. 36099, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. EX. ORD. NO. 12108. EFFECTIVE DATE OF ERISA TRANSFERS