§ 1369 TITLE 29—LABOR Page 542

Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in

the provision of the Tax Reform Act of 1986, Pub. L.

99–514, to which such amendment relates, see section

7891(f) of Pub. L. 101–239, set out as a note under section

1002 of this title.

Section 7894(g)(4)(B) of Pub. L. 101–239 provided that:

‘‘The amendment made by subparagraph (A) [amending

this section] shall take effect as if originally included

in section 3 of Public Law 97–258.’’

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100–203 applicable with respect to plan terminations under section 1341 of this

title with respect to which notices of intent to terminate are provided under section 1341(a)(2) of this title

after Dec. 17, 1987, and plan terminations with respect

to which proceedings are instituted by the Pension

Benefit Guaranty Corporation under section 1342 of this

title after that date, see section 9312(d)(1) of Pub. L.

100–203, as amended, set out as a note under section 1301

of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–272 effective Jan. 1, 1986,

with certain exceptions, see section 11019 of Pub. L.

99–272, set out as a note under section 1341 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95–598 effective Oct. 1, 1979,

see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1082, 1364, 1413

of this title; title 26 section 412.

§ 1369. Treatment of transactions to evade liability; effect of corporate reorganization

(a) Treatment of transactions to evade liability

If a principal purpose of any person in entering into any transaction is to evade liability to

which such person would be subject under this

subtitle and the transaction becomes effective

within five years before the termination date of

the termination on which such liability would

be based, then such person and the members of

such person’s controlled group (determined as of

the termination date) shall be subject to liability under this subtitle in connection with such

termination as if such person were a contributing sponsor of the terminated plan as of the termination date. This subsection shall not cause

any person to be liable under this subtitle in

connection with such plan termination for any

increases or improvements in the benefits provided under the plan which are adopted after the

date on which the transaction referred to in the

preceding sentence becomes effective.

(b) Effect of corporate reorganization

For purposes of this subtitle, the following

rules apply in the case of certain corporate reorganizations:

(1) Change of identity, form, etc.

If a person ceases to exist by reason of a reorganization which involves a mere change in

identity, form, or place of organization, however effected, a successor corporation resulting from such reorganization shall be treated

as the person to whom this subtitle applies.

(2) Liquidation into parent corporation

If a person ceases to exist by reason of liquidation into a parent corporation, the parent

corporation shall be treated as the person to

whom this subtitle applies.

(3) Merger, consolidation, or division

If a person ceases to exist by reason of a

merger, consolidation, or division, the successor corporation or corporations shall be treated as the person to whom this subtitle applies.

(Pub. L. 93–406, title IV, §4069, as added Pub. L.

99–272, title XI, §11013(a), Apr. 7, 1986, 100 Stat.

260.)

EFFECTIVE DATE

Section 11013(b) of Pub. L. 99–272 provided that: ‘‘Section 4069(a) of the Employee Retirement Income Security Act of 1974 (as added by subsection (a)) [subsec. (a)

of this section] shall apply with respect to transactions

becoming effective on or after January 1, 1986.’’

Section effective Jan. 1, 1986, with certain exceptions,

see section 11019 of Pub. L. 99–272, set out as an Effective Date of 1986 Amendment note under section 1341 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1370, 1398 of this

title.

§ 1370. Enforcement authority relating to terminations of single-employer plans

(a) In general

Any person who is with respect to a single-employer plan a fiduciary, contributing sponsor,

member of a contributing sponsor’s controlled

group, participant, or beneficiary, and is adversely affected by an act or practice of any

party (other than the corporation) in violation

of any provision of section 1341, 1342, 1362, 1363,

1364, or 1369 of this title, or who is an employee

organization representing such a participant or

beneficiary so adversely affected for purposes of

collective bargaining with respect to such plan,

may bring an action—

(1) to enjoin such act or practice, or

(2) to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision.

(b) Status of plan as party to action and with respect to legal process

A single-employer plan may be sued under this

section as an entity. Service of summons, subpoena, or other legal process of a court upon a

trustee or an administrator of a single-employer

plan in such trustee’s or administrator’s capacity as such shall constitute service upon the

plan. If a plan has not designated in the summary plan description of the plan an individual

as agent for the service of legal process, service

upon any contributing sponsor of the plan shall

constitute such service. Any money judgment

under this section against a single-employer

plan shall be enforceable only against the plan

as an entity and shall not be enforceable against

any other person unless liability against such

person is established in such person’s individual

capacity.

(c) Jurisdiction and venue

The district courts of the United States shall

have exclusive jurisdiction of civil actions under

this section. Such actions may be brought in the

district where the plan is administered, where