§ 1347 TITLE 29—LABOR Page 532

(5) the computations under section 1344 of

this title, and all actuarial assumptions under

which the items described in paragraphs (1)

through (4) were computed, and

(6) any other information with respect to the

plan the trustee may require in order to terminate the plan.

(Pub. L. 93–406, title IV, §4046, Sept. 2, 1974, 88

Stat. 1028; Pub. L. 96–364, title IV, §403(e), Sept.

26, 1980, 94 Stat. 1301.)

AMENDMENTS

1980—Par. (2). Pub. L. 96–364, §403(e)(1), inserted

‘‘basic’’ before ‘‘benefits’’ and ‘‘or 1322a’’ after ‘‘1322’’.

Par. (3). Pub. L. 96–364, §403(e), inserted ‘‘basic’’ before ‘‘benefits’’ and ‘‘or 1322a’’ after ‘‘1322’’, and substituted ‘‘1322b’’ for ‘‘1322(b)(5)’’.

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.

§ 1347. Restoration of plans

Whenever the corporation determines that a

plan which is to be terminated under section

1341 or 1342 of this title, or which is in the process of being terminated under section 1341 or

1342 of this title, should not be terminated under

section 1341 or 1342 of this title as a result of

such circumstances as the corporation determines to be relevant, the corporation is authorized to cease any activities undertaken to terminate the plan, and to take whatever action is

necessary and within its power to restore the

plan to its status prior to the determination

that the plan was to be terminated under section 1341 or 1342 of this title. In the case of a

plan which has been terminated under section

1341 or 1342 of this title the corporation is authorized in any such case in which the corporation determines such action to be appropriate

and consistent with its duties under this subchapter, to take such action as may be necessary to restore the plan to its pretermination

status, including, but not limited to, the transfer to the employer or a plan administrator of

control of part or all of the remaining assets and

liabilities of the plan.

(Pub. L. 93–406, title IV, §4047, Sept. 2, 1974, 88

Stat. 1028; Pub. L. 99–272, title XI, §11016(a)(3),

Apr. 7, 1986, 100 Stat. 268; Pub. L. 101–239, title

VII, §7893(g)(1), Dec. 19, 1989, 103 Stat. 2447.)

AMENDMENTS

1989—Pub. L. 101–239 struck out ‘‘under this subtitle’’

before ‘‘should not be terminated’’.

1986—Pub. L. 99–272 inserted ‘‘under section 1341 or

1342 of this title’’ after ‘‘terminated’’ in four places and

substituted ‘‘section 1341 or 1342 of this title the corporation’’ for ‘‘section 1342 of this title the corporation’’.

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.

§ 1348. Termination date

(a) For purposes of this subchapter the termination date of a single-employer plan is—

(1) in the case of a plan terminated in a

standard termination in accordance with the

provisions of section 1341(b) of this title, the

termination date proposed in the notice provided under section 1341(a)(2) of this title,

(2) in the case of a plan terminated in a distress termination in accordance with the provisions of section 1341(c) of this title, the date

established by the plan administrator and

agreed to by the corporation,

(3) in the case of a plan terminated in accordance with the provisions of section 1342 of

this title, the date established by the corporation and agreed to by the plan administrator,

or

(4) in the case of a plan terminated under

section 1341(c) or 1342 of this title in any case

in which no agreement is reached between the

plan administrator and the corporation (or the

trustee), the date established by the court.

(b) For purposes of this subchapter, the date of

termination of a multiemployer plan is—

(1) in the case of a plan terminated in accordance with the provisions of section 1341a

of this title, the date determined under subsection (b) of that section; or

(2) in the case of a plan terminated in accordance with the provisions of section 1342 of

this title the date agreed to between the plan

administrator and the corporation (or the

trustee appointed under section 1342(b)(2) of

this title, if any), or, if no agreement is

reached, the date established by the court.

(Pub. L. 93–406, title IV, §4048, Sept. 2, 1974, 88

Stat. 1028; Pub. L. 96–364, title IV, §402(a)(8),

Sept. 26, 1980, 94 Stat. 1299; Pub. L. 99–272, title

XI, §11016(a)(4), Apr. 7, 1986, 100 Stat. 268.)

AMENDMENTS

1986—Subsec. (a). Pub. L. 99–272 in provisions preceding par. (1) substituted ‘‘termination date’’ for ‘‘date of

termination’’, redesignated pars. (1) to (3) as (2) to (4),

respectively, added par. (1), in par. (2), as so redesignated, inserted ‘‘in a distress termination’’ after ‘‘terminated’’ and substituted ‘‘section 1341(c)’’ for ‘‘section

1341’’, and in par. (4), as so redesignated, substituted

‘‘under section 1341(c) or 1342 of this title’’ for ‘‘in accordance with the provisions of either section’’.

1980—Subsec. (a). Pub. L. 96–364, §402(a)(8)(A), (B),

designated existing provisions as subsec. (a), and inserted applicability to a single-employer plan.

Subsec. (b). Pub. L. 96–364, §402(a)(8)(C), added subsec.

(b).

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 1053, 1461 of this

title; title 26 section 411.