§ 1364 TITLE 29—LABOR Page 538

Subsec. (d). Pub. L. 99–272, §11016(a)(5)(A)(iv), in introductory par., substituted ‘‘of the plan that the withdrawal from the plan by one or more contributing sponsors’’ for ‘‘of a plan (other than a multiemployer plan)

that the withdrawal from the plan by any employer or

employers’’ and struck out ‘‘by employers’’ after ‘‘contributions to or under the plan’’, in par. (1), substituted

‘‘the withdrawal’’ for ‘‘their employer’s withdrawal’’,

and in par. (2), substituted ‘‘plan terminated under section 1342 of this title’’ for ‘‘termination’’.

Subsec. (e). Pub. L. 99–272, §11016(a)(5)(A)(v), struck

out ‘‘to any employer or plan administrator’’ before

‘‘whenever it determines’’ and substituted ‘‘contributing sponsors’’ for ‘‘all other employers’’.

1980—Subsecs. (a), (d). Pub. L. 96–364 inserted provisions excepting a multiemployer plan.

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 1980 AMENDMENT

Amendment by Pub. L. 96–364 effective Sept. 26, 1980,

except as specifically provided, see section 1461(e) of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1322, 1342, 1362,

1365, 1367, 1368, 1370, 1461 of this title; title 26 section

404.

§ 1364. Liability on termination of single-employer plans under multiple controlled

groups

(a) This section applies to all contributing

sponsors of a single-employer plan which has

two or more contributing sponsors at least two

of whom are not under common control at the

time such plan is terminated under section

1341(c) or 1342 of this title, or who, at any time

within the 5 plan years preceding the date of

termination, made contributions under the plan.

(b) The corporation shall determine the liability with respect to each contributing sponsor

and each member of its controlled group in a

manner consistent with section 1362 of this title,

except that the amount of liability determined

under section 1362(b)(1) of this title with respect

to the entire plan shall be allocated to each controlled group by multiplying such amount by a

fraction—

(1) the numerator of which is the amount required to be contributed to the plan for the

last 5 plan years ending prior to the termination date by persons in such controlled

group as contributing sponsors, and

(2) the denominator of which is the total

amount required to be contributed to the plan

for such last 5 plan years by all persons as contributing sponsors,

and section 1368(a) of this title shall be applied

separately with respect to each controlled

group. The corporation may also determine the

liability of each such contributing sponsor and

member of its controlled group on any other

equitable basis prescribed by the corporation in

regulations.

(Pub. L. 93–406, title IV, §4064, Sept. 2, 1974, 88

Stat. 1031; Pub. L. 96–364, title IV, §403(i), Sept.

26, 1980, 94 Stat. 1301; Pub. L. 99–272, title XI,

§11016(a)(5)(B), Apr. 7, 1986, 100 Stat. 270; Pub. L.

100–203, title IX, §9312(b)(2)(C)(i), Dec. 22, 1987,

101 Stat. 1330–361; Pub. L. 101–239, title VII,

§7881(f)(3)(A), Dec. 19, 1989, 103 Stat. 2440.)

AMENDMENTS

1989—Subsec. (b). Pub. L. 101–239 substituted ‘‘section

1368(a)’’ for ‘‘clauses (i)(II) and (ii) of section

1362(b)(1)(A)’’.

1987—Subsec. (b). Pub. L. 100–203 amended first sentence generally. Prior to amendment, first sentence

read as follows: ‘‘The corporation shall determine the

liability with respect to each contributing sponsor and

each member of its controlled group in a manner consistent with section 1362 of this title, except that—

‘‘(1) the amount of the liability determined under

section 1362(b)(1) of this title with respect to the entire plan—

‘‘(A) shall be determined without regard to

clauses (i)(II) and (ii) of section 1362(b)(1)(A) of this

title, and

‘‘(B) shall be allocated to each controlled group

by multiplying such amount by a fraction—

‘‘(i) the numerator of which is the amount required to be contributed to the plan for the last

5 plan years ending prior to the termination date

by persons in such controlled group as contributing sponsors, and

‘‘(ii) the denominator of which is the total

amount required to be contributed to the plan for

such last 5 plan years by all persons as contributing sponsors,

and clauses (i)(II) and (ii) of section 1362(b)(1)(A) of

this title shall be applied separately with respect to

each such controlled group, and

‘‘(2) the amount of the liability determined under

section 1362(c)(1) of this title with respect to the entire plan shall be allocated to each controlled group

by multiplying such amount by the fraction described

in paragraph (1)(B) in connection with such controlled group.’’

1986—Pub. L. 99–272, §11016(a)(5)(B)(iii), substituted

‘‘on termination of single-employer plans under multiple controlled groups’’ for ‘‘of employers on termination of plan maintained by more than one employer’’

in section catchline.

Subsec. (a). Pub. L. 99–272, §11016(a)(5)(B)(i), substituted ‘‘all contributing sponsors of a single-employer plan which has two or more contributing sponsors at least two of whom are not under common control’’ for ‘‘all employers who maintain a plan under

which more than one employer makes contributions

(other than a multiemployer plan)’’ and inserted

‘‘under section 1341(c) or 1342 of this title’’ after ‘‘terminated’’.

Subsec. (b). Pub. L. 99–272, §11016(a)(5)(B)(ii), amended

subsec. (b) generally, substituting reference to each

contributing sponsor and each member of its controlled

group for reference to each employer of a plan maintained by more than one employer and inserted provisions that liability determined under section 1362(b)(1)

of this title with respect to the entire plan be determined without regard to cls. (i)(II) and (ii) of section

1362(b)(1)(A) of this title and that the amount of liability determined under section 1362(c)(1) of this title with

respect to the entire plan be allocated to each controlled group by multiplying such amount by the fraction described in par. (1)(B) in connection with such

controlled group.

1980—Subsec. (a). Pub. L. 96–364 inserted provisions

excepting a multiemployer plan.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101–239 effective, except as

otherwise provided, as if included in the provision of

the Pension Protection Act, Pub. L. 100–203, §§9302–9346,

to which such amendment relates, see section 7882 of

Pub. L. 101–239, set out as a note under section 401 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100–203 applicable with respect to plan terminations under section 1341 of this
Page 539 TITLE 29—LABOR § 1366

1See References in Text note below.

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 1980 AMENDMENT

Amendment by Pub. L. 96–364 effective Sept. 26, 1980,

except as specifically provided, see section 1461(e) of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1322, 1342, 1362,

1363, 1367, 1368, 1370, 1412 of this title; title 26 section

404.

§ 1365. Annual report of plan administrator

For each plan year for which section 1321 of

this title applies to a plan, the plan administrator shall file with the corporation, on a form

prescribed by the corporation, an annual report

which identifies the plan and plan administrator

and which includes—

(1) a copy of each notification required under

section 1363 of this title with respect to such

year,

(2) a statement disclosing whether any reportable event (described in section 1343(b) 1 of

this title) occurred during the plan year except to the extent the corporation waives such

requirement, and

(3) in the case of a multiemployer plan, information with respect to such plan which the

corporation determines is necessary for the

enforcement of subtitle E of this subchapter

and requires by regulation, which may include—

(A) a statement certified by the plan’s enrolled actuary of—

(i) the value of all vested benefits under

the plan as of the end of the plan year, and

(ii) the value of the plan’s assets as of

the end of the plan year;

(B) a statement certified by the plan sponsor of each claim for outstanding withdrawal

liability (within the meaning of section

1301(a)(12) of this title) and its value as of

the end of that plan year and as of the end

of the preceding plan year; and

(C) the number of employers having an obligation to contribute to the plan and the

number of employers required to make withdrawal liability payments.

The report shall be filed within 6 months after

the close of the plan year to which it relates.

The corporation shall cooperate with the Secretary of the Treasury and the Secretary of

Labor in an endeavor to coordinate the timing

and content, and possibly obtain the combination, of reports under this section with reports

required to be made by plan administrators to

such Secretaries.

(Pub. L. 93–406, title IV, §4065, Sept. 2, 1974, 88

Stat. 1032; Pub. L. 96–364, title I, §106, Sept. 26,

1980, 94 Stat. 1266.)

REFERENCES IN TEXT

Section 1343(b) of this title, referred to in par. (2), was

redesignated section 1343(c) of this title and a new section 1343(b) was added by Pub. L. 103–465, title VII,

§771(b), Dec. 8, 1994, 108 Stat. 5042.

AMENDMENTS

1980—Pub. L. 96–364 inserted provisions in par. (2) respecting waiver by corporation and added par. (3).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–364 effective Sept. 26, 1980,

except as specifically provided, see section 1461(e) of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1362 of this title.

§ 1366. Annual notification to substantial employers

The plan administrator of each single-employer plan which has at least two contributing

sponsors at least two of whom are not under

common control shall notify, within 6 months

after the close of each plan year, any contributing sponsor of the plan who is described in section 1301(a)(2) of this title that such contributing sponsor (alone or together with members of

such contributing sponsor’s controlled group)

constitutes a substantial employer for that

year.

(Pub. L. 93–406, title IV, §4066, Sept. 2, 1974, 88

Stat. 1032; Pub. L. 96–364, title IV, §403(j), Sept.

26, 1980, 94 Stat. 1301; Pub. L. 99–272, title XI,

§11016(a)(5)(C), Apr. 7, 1986, 100 Stat. 271; Pub. L.

101–239, title VII, §7893(g)(2), Dec. 19, 1989, 103

Stat. 2447.)

AMENDMENTS

1989—Pub. L. 101–239 inserted ‘‘any’’ before ‘‘contributing sponsor of the plan’’.

1986—Pub. L. 99–272 substituted ‘‘each single-employer plan which has at least two contributing sponsors at least two of whom are not under common control’’ for ‘‘each plan under which contributions are

made by more than one employer (other than a multiemployer plan)’’, ‘‘contributing sponsor of the plan’’ for

‘‘any employer making contributions under that plan’’,

and ‘‘that such contributing sponsor (alone or together

with members of such contributing sponsor’s controlled

group) constitutes a substantial employer’’ for ‘‘that he

is a substantial employer’’.

1980—Pub. L. 96–364 inserted provisions excepting a

multiemployer plan.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101–239 effective as if included

in the provision of the Single-Employer Pension Plan

Amendments Act of 1986, Pub. L. 99–272, title XI, to

which such amendment relates, see section 7893(h) of

Pub. L. 101–239, set out as a note under section 1002 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 1980 AMENDMENT

Amendment by Pub. L. 96–364 effective Sept. 26, 1980,

except as specifically provided, see section 1461(e) of

this title.