Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) An employer who withdraws from a plan in complete or partial withdrawal is not liable to the plan if the employer--
(1) first had an obligation to contribute to the plan after September 26, 1980,
(2) had an obligation to contribute to the plan for no more than the lesser of--
(A) 6 consecutive plan years preceding the date on which the employer withdraws, or
(B) the number of years required for vesting under the plan,
(3) was required to make contributions to the plan for each such plan year in an amount equal to less than 2 percent of the sum of all employer contributions made to the plan for each such year, and
(4) has never avoided withdrawal liability because of the application of this section with respect to the plan.
(b) Subsection (a) shall apply to an employer with respect to a plan only if--
(1) the plan is amended to provide that subsection (a) applies;
(2) the plan provides, or is amended to provide, that the reduction under section 411(a)(3)(E) of Title 26 applies with respect to the employees of the employer; and
(3) the ratio of the assets of the plan for the plan year preceding the first plan year for which the employer was required to contribute to the plan to the benefit payments made during that plan year was at least 8 to 1.
Cite this article: FindLaw.com - 29 U.S.C. § 1390 - U.S. Code - Unannotated Title 29. Labor § 1390. Nonapplicability of withdrawal liability for certain temporary contribution obligation periods; exception - last updated January 01, 2024 | https://codes.findlaw.com/us/title-29-labor/29-usc-sect-1390/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)