§ 1401 TITLE 29—LABOR Page 560

REFERENCES IN TEXT

For the effective date of this section, referred to in

subsec. (a), see 1461(e)(2) of this title.

§ 1401. Resolution of disputes

(a) Arbitration proceedings; matters subject to

arbitration, procedures applicable, etc.

(1) Any dispute between an employer and the

plan sponsor of a multiemployer plan concerning a determination made under sections 1381

through 1399 of this title shall be resolved

through arbitration. Either party may initiate

the arbitration proceeding within a 60-day period after the earlier of—

(A) the date of notification to the employer

under section 1399(b)(2)(B) of this title, or

(B) 120 days after the date of the employer’s

request under section 1399(b)(2)(A) of this title.

The parties may jointly initiate arbitration

within the 180-day period after the date of the

plan sponsor’s demand under section 1399(b)(1) of

this title.

(2) An arbitration proceeding under this section shall be conducted in accordance with fair

and equitable procedures to be promulgated by

the corporation. The plan sponsor may purchase

insurance to cover potential liability of the arbitrator. If the parties have not provided for the

costs of the arbitration, including arbitrator’s

fees, by agreement, the arbitrator shall assess

such fees. The arbitrator may also award reasonable attorney’s fees.

(3)(A) For purposes of any proceeding under

this section, any determination made by a plan

sponsor under sections 1381 through 1399 of this

title and section 1405 of this title is presumed

correct unless the party contesting the determination shows by a preponderance of the evidence that the determination was unreasonable

or clearly erroneous.

(B) In the case of the determination of a plan’s

unfunded vested benefits for a plan year, the determination is presumed correct unless a party

contesting the determination shows by a preponderance of evidence that—

(i) the actuarial assumptions and methods

used in the determination were, in the aggregate, unreasonable (taking into account the

experience of the plan and reasonable expectations), or

(ii) the plan’s actuary made a significant

error in applying the actuarial assumptions or

methods.

(b) Alternative collection proceedings; civil action subsequent to arbitration award; conduct of arbitration proceedings

(1) If no arbitration proceeding has been initiated pursuant to subsection (a) of this section,

the amounts demanded by the plan sponsor

under section 1399(b)(1) of this title shall be due

and owing on the schedule set forth by the plan

sponsor. The plan sponsor may bring an action

in a State or Federal court of competent jurisdiction for collection.

(2) Upon completion of the arbitration proceedings in favor of one of the parties, any party

thereto may bring an action, no later than 30

days after the issuance of an arbitrator’s award,

in an appropriate United States district court in

accordance with section 1451 of this title to enforce, vacate, or modify the arbitrator’s award.

(3) Any arbitration proceedings under this section shall, to the extent consistent with this

subchapter, be conducted in the same manner,

subject to the same limitations, carried out

with the same powers (including subpena

power), and enforced in United States courts as

an arbitration proceeding carried out under title

9.

(c) Presumption respecting finding of fact by arbitrator

In any proceeding under subsection (b) of this

section, there shall be a presumption, rebuttable

only by a clear preponderance of the evidence,

that the findings of fact made by the arbitrator

were correct.

(d) Payments by employer prior and subsequent

to determination by arbitrator; adjustments;

failure of employer to make payments

Payments shall be made by an employer in accordance with the determinations made under

this part until the arbitrator issues a final decision with respect to the determination submitted for arbitration, with any necessary adjustments in subsequent payments for overpayments or underpayments arising out of the decision of the arbitrator with respect to the determination. If the employer fails to make timely

payment in accordance with such final decision,

the employer shall be treated as being delinquent in the making of a contribution required

under the plan (within the meaning of section

1145 of this title).

(e) Furnishing of information by plan sponsor to

employer respecting computation of withdrawal liability of employer; fees

If any employer requests in writing that the

plan sponsor make available to the employer

general information necessary for the employer

to compute its withdrawal liability with respect

to the plan (other than information which is

unique to that employer), the plan sponsor shall

furnish the information to the employer without

charge. If any employer requests in writing that

the plan sponsor make an estimate of such employer’s potential withdrawal liability with respect to the plan or to provide information

unique to that employer, the plan sponsor may

require the employer to pay the reasonable cost

of making such estimate or providing such information.

(Pub. L. 93–406, title IV, §4221, as added Pub. L.

96–364, title I, §104(2), Sept. 26, 1980, 94 Stat.

1239.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1451 of this title.

§ 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.

By May 1, 1982, the corporation shall establish

by regulation a supplemental program to reim-