1566 
‘‘(I) a collective bargaining agree-
ment providing for contributions under 
a multiemployer plan that was in ef-
fect at the time the plan entered crit-
ical status expires, and 
‘‘(II) after receiving one or more 
schedules from the plan sponsor under 
paragraph (1)(B), the bargaining par-
ties with respect to such agreement fail 
to adopt a contribution schedule with 
terms consistent with the rehabilitation 
plan and a schedule from the plan 
sponsor under paragraph (1)(B)(i), 
the plan sponsor shall implement the sched-
ule described in the last sentence of para-
graph (1) beginning on the date specified in 
clause (iii). 
‘‘(ii) 
SUBSEQUENT
CONTRIBUTION 
SCHEDULE.—If— 
‘‘(I) a collective bargaining agree-
ment providing for contributions under 
a multiemployer plan in accordance 
with a schedule provided by the plan 
sponsor pursuant to a rehabilitation 
plan (or imposed under subparagraph
1567 
(C)(i)) expires while the plan is still in 
critical status, and 
‘‘(II) after receiving one or more 
updated schedules from the plan spon-
sor under subparagraph (B)(ii), the 
bargaining parties with respect to such 
agreement fail to adopt a contribution 
schedule with terms consistent with the 
updated rehabilitation plan and a 
schedule from the plan sponsor, 
then the contribution schedule applicable 
under the expired collective bargaining 
agreement, as updated and in effect on the 
date the collective bargaining agreement ex-
pires, shall be implemented by the plan 
sponsor beginning on the date specified in 
clause (iii). 
‘‘(iii) DATE
OF
IMPLEMENTATION.— 
The date specified in this subparagraph is 
the date which is 180 days after the date on 
which the collective bargaining agreement 
described in clause (i) or (ii) expires. 
‘‘(iv) FAILURE TO MAKE SCHEDULED 
CONTRIBUTIONS.—Any failure to make a 
contribution under a schedule of contribu-
1568 
tion rates provided under this subsection 
shall be treated as a delinquent contribution 
under section 515 and shall be enforceable 
as such.’’. 
(b) AMENDMENTS
TO
THE
INTERNAL
REVENUE 
CODE.—Section 432 of the Internal Revenue Code of 1986 
is amended— 
(1) in subsection (c), by amending paragraph 
(7) to read as follows: 
‘‘(7) IMPOSITION OF SCHEDULE WHERE FAILURE 
TO ADOPT FUNDING IMPROVEMENT PLAN.— 
‘‘(A) INITIAL CONTRIBUTION SCHEDULE.— 
If— 
‘‘(i) a collective bargaining agreement 
providing for contributions under a multi-
employer plan that was in effect at the time 
the plan entered endangered status expires, 
and 
‘‘(ii) after receiving one or more sched-
ules from the plan sponsor under paragraph 
(1)(B), the bargaining parties with respect 
to such agreement fail to adopt a contribu-
tion schedule with terms consistent with the 
funding improvement plan and a schedule 
from the plan sponsor,
1569 
the plan sponsor shall implement the schedule 
described in paragraph (1)(B)(i)(I) beginning on 
the date specified in subparagraph (C). 
‘‘(B) SUBSEQUENT CONTRIBUTION SCHED-
ULE.—If— 
‘‘(i) a collective bargaining agreement 
providing for contributions under a multi-
employer plan in accordance with a sched-
ule provided by the plan sponsor pursuant 
to a funding improvement plan (or imposed 
under subparagraph (A)) expires while the 
plan is still in endangered status, and 
‘‘(ii) after receiving one or more up-
dated schedules from the plan sponsor under 
paragraph (6)(B), the bargaining parties 
with respect to such agreement fail to adopt 
a contribution schedule with terms con-
sistent with the updated funding improve-
ment plan and a schedule from the plan 
sponsor, 
then the contribution schedule applicable under 
the expired collective bargaining agreement, as 
updated and in effect on the date the collective 
bargaining agreement expires, shall be imple-
1570 
mented by the plan sponsor beginning on the 
date specified in subparagraph (C). 
‘‘(C) DATE OF IMPLEMENTATION.—The date 
specified in this subparagraph is the date which 
is 180 days after the date on which the collective 
bargaining agreement described in subparagraph 
(A) or (B) expires.’’, and 
(2) in subsection (e)(3), by amending subpara-
graph (C) to read as follows: 
‘‘(C) IMPOSITION
OF
SCHEDULE
WHERE 
FAILURE TO ADOPT REHABILITATION PLAN.— 
‘‘(i) INITIAL
CONTRIBUTION
SCHED-
ULE.—If— 
‘‘(I) a collective bargaining agree-
ment providing for contributions under 
a multiemployer plan that was in ef-
fect at the time the plan entered crit-
ical status expires, and 
‘‘(II) after receiving one or more 
schedules from the plan sponsor under 
paragraph (1)(B), the bargaining par-
ties with respect to such agreement fail 
to adopt a contribution schedule with 
terms consistent with the rehabilitation
1571 
plan and a schedule from the plan 
sponsor under paragraph (1)(B)(i), 
the plan sponsor shall implement the sched-
ule described in the last sentence of para-
graph (1) beginning on the date specified in 
clause (iii). 
‘‘(ii) 
SUBSEQUENT
CONTRIBUTION 
SCHEDULE.—If— 
‘‘(I) a collective bargaining agree-
ment providing for contributions under 
a multiemployer plan in accordance 
with a schedule provided by the plan 
sponsor pursuant to a rehabilitation 
plan (or imposed under subparagraph 
(C)(i)) expires while the plan is still in 
critical status, and 
‘‘(II) after receiving one or more 
updated schedules from the plan spon-
sor under subparagraph (B)(ii), the 
bargaining parties with respect to such 
agreement fail to adopt a contribution 
schedule with terms consistent with the 
updated rehabilitation plan and a 
schedule from the plan sponsor,
1572 
then the contribution schedule applicable 
under the expired collective bargaining 
agreement, as updated and in effect on the 
date the collective bargaining agreement ex-
pires, shall be implemented by the plan 
sponsor beginning on the date specified in 
clause (iii). 
‘‘(iii) DATE
OF
IMPLEMENTATION.— 
The date specified in this subparagraph is 
the date which is 180 days after the date on 
which the collective bargaining agreement 
described in clause (ii) or (iii) expires.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to plan years beginning 
after December 31, 2014. 
SEC. 108. REPEAL OF REORGANIZATION RULES FOR MULTI-
EMPLOYER PLANS. 
(a) AMENDMENTS
TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974.— 
(1) IN
GENERAL.—Sections 4241, 4242, 4243, 
4244, and 4244A of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1421; 1422; 1423; 
1424; 1425) are repealed. 
(2) MODIFICATION OF INSOLVENCY RULES.—Sec-
tion 4245 of such Act (29 U.S.C. 1426) is amended—
1573 
(A) by striking ‘‘reorganization’’ each place 
it appears and inserting ‘‘critical status, as de-
scribed in subsection 305(b)(2),’’; 
(B) in subsection (c)(2)— 
(i) by striking ‘‘The suspension’’ and 
inserting ‘‘(A) The suspension’’; 
(ii) by striking ‘‘(within the meaning 
of section 4241(b)(6))’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) For purposes of this paragraph— 
‘‘(i) the term ‘person in pay status’ 
means— 
‘‘(I) a participant or beneficiary on 
the last day of the base plan year who, at 
any time during such year, was paid an 
early, late, normal, or disability retirement 
benefit (or a death benefit related to a re-
tirement benefit), and 
‘‘(II) to the extent provided in regula-
tions prescribed by the Secretary of the 
Treasury, any other person who is entitled 
to such a benefit under the plan. 
‘‘(ii) the base plan year for any plan year 
is—
1574 
‘‘(I) if there is a relevant collective bar-
gaining agreement, the last plan year end-
ing at least 6 months before the relevant ef-
fective date, or 
‘‘(II) if there is no relevant collective 
bargaining agreement, the last plan year 
ending at least 12 months before the begin-
ning of the plan year. 
‘‘(iii) a relevant collective bargaining agree-
ment is a collective bargaining agreement— 
‘‘(I) which is in effect for at least 6 
months during the plan year, and 
‘‘(II) which has not been in effect for 
more than 36 months as of the end of the 
plan year. 
‘‘(iv) the relevant effective date is the ear-
liest of the effective dates for the relevant collec-
tive bargaining agreements.’’; 
(C) in subsection (d)— 
(i) in paragraph (1), by striking ‘‘(de-
termined 
in 
accordance 
with 
section 
4243(3)(B)(ii))’’; and 
(ii) by adding at the end the following: 
‘‘(4) For purposes of this subsection, the value of plan 
assets shall be the value of the available plan assets deter-
1575 
mined under regulations prescribed by the Secretary of the 
Treasury.’’; 
(D) in subsection (e)(1)— 
(i) in subparagraph (A), by striking 
‘‘the corporation, the parties described in 
section 4242(a)(2), and the plan partici-
pants and beneficiaries’’ and inserting ‘‘the 
parties described in section 101(f)(1)’’; and 
(ii) in subparagraph (B), by striking 
‘‘section 4242(a)(2) and the plan partici-
pants and beneficiaries’’ and inserting ‘‘sec-
tion 101(f)(1)’’; and 
(E) by adding at the end the following: 
‘‘(g) Subsections (a) and (c) shall not apply to a plan 
that, for the plan year, is operating under section 305(e)(9), 
regarding benefit suspensions by certain multiemployer 
plans in critical and declining status.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) 
DEFINITION
OF
REORGANIZATION 
INDEX.—Section 4001(a) of such Act (29 U.S.C. 
1301(a)) is amended by striking paragraph (9). 
(B) MINIMUM FUNDING STANDARDS.—Sec-
tion 304(a) of such Act (29 U.S.C. 1084(a)) is 
amended to read as follows:
1576 
‘‘(a) IN GENERAL.—For purposes of section 302, the 
accumulated funding deficiency of a multiemployer plan for 
any plan year is the amount, determined as of the end of 
the plan year, equal to the excess (if any) of the total 
charges to the funding standard account of the plan for all 
plan years (beginning with the first plan year for which 
this part applies to the plan) over the total credits to such 
account for such years.’’. 
(C) MODIFICATION
OF
PART
HEADING.— 
Part 3 of subtitle D of title IV of such Act (29 
U.S.C. 1421 et seq.) is amended by striking the 
heading and inserting ‘‘INSOLVENT PLANS’’. 
(D) CONFORMING AMENDMENT TO TABLE OF 
CONTENTS.—The table of contents in section 1 of 
such Act (29 U.S.C. 1001 note) is amended by 
striking the items relating to sections 4241 
through 4244A. 
(b) AMENDMENTS
TO
THE
INTERNAL
REVENUE 
CODE.— 
(1) IN
GENERAL.—Sections 418, 418A, 418B, 
418C, and 418D of the Internal Revenue Code of 1986 
are repealed. 
(2) MODIFICATION OF INSOLVENCY RULES.—Sec-
tion 418E of such Code is amended—
1577 
(A) by striking ‘‘reorganization’’ each place 
it appears and inserting ‘‘critical status, as de-
scribed in subsection 432(b)(2),’’; 
(B) in subsection (c)(2)— 
(i) by striking ‘‘The suspension’’ and 
inserting ‘‘(A) The suspension’’; 
(ii) by striking ‘‘(within the meaning 
of section 418(b)(6))’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) For purposes of this paragraph— 
‘‘(i) the term ‘person in pay status’ 
means— 
‘‘(I) a participant or beneficiary on 
the last day of the base plan year who, at 
any time during such year, was paid an 
early, late, normal, or disability retirement 
benefit (or a death benefit related to a re-
tirement benefit), and 
‘‘(II) to the extent provided in regula-
tions prescribed by the Secretary of the 
Treasury, any other person who is entitled 
to such a benefit under the plan. 
‘‘(ii) the base plan year for any plan year 
is—
1578 
‘‘(I) if there is a relevant collective bar-
gaining agreement, the last plan year end-
ing at least 6 months before the relevant ef-
fective date, or 
‘‘(II) if there is no relevant collective 
bargaining agreement, the last plan year 
ending at least 12 months before the begin-
ning of the plan year. 
‘‘(iii) a relevant collective bargaining agree-
ment is a collective bargaining agreement— 
‘‘(I) which is in effect for at least 6 
months during the plan year, and 
‘‘(II) which has not been in effect for 
more than 36 months as of the end of the 
plan year. 
‘‘(iv) the relevant effective date is the ear-
liest of the effective dates for the relevant collec-
tive bargaining agreements.’’; 
(C) in subsection (d)— 
(i) in paragraph (1), by striking ‘‘(de-
termined 
in 
accordance 
with 
section 
418B(3)(B)(ii))’’; 
(ii) by adding at the end the following: 
‘‘(4) For purposes of this subsection, the value of 
plan assets shall be the value of the available plan as-
1579 
sets determined under regulations prescribed by the 
Secretary of the Treasury.’’; 
(D) in subsection (e)(1)— 
(i) in subparagraph (A), by striking 
‘‘the corporation, the parties described in 
section 418A(a)(2), and the plan partici-
pants and beneficiaries’’ and inserting ‘‘the 
parties described in section 101(f)(1) of the 
Employee Retirement Income Security Act 
of 1974’’; and 
(ii) in subparagraph (B), by striking 
‘‘section 418A(a)(2) and the plan partici-
pants and beneficiaries’’ and inserting ‘‘sec-
tion 101(f)(1) of the Employee Retirement 
Income Security Act of 1974’’; and 
(E) by adding at the end the following: 
‘‘(h) Subsections (a) and (c) shall not apply to a plan 
that, for the plan year, is operating under section 432(e)(9), 
regarding benefit suspensions by certain multiemployer 
plans in critical and declining status.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) MINIMUM FUNDING STANDARDS.—Sec-
tion 431(a) of the Internal Revenue Code of 1986 
is amended to read as follows:
1580 
‘‘(a) IN GENERAL.—For purposes of section 412, the 
accumulated funding deficiency of a multiemployer plan for 
any plan year is the amount, determined as of the end of 
the plan year, equal to the excess (if any) of the total 
charges to the funding standard account of the plan for all 
plan years (beginning with the first plan year for which 
this part applies to the plan) over the total credits to such 
account for such years.’’. 
(B) MODIFICATION
OF
SUBPART
HEAD-
ING.—Subpart C of part I of subchapter D of 
chapter 1 of such Code is amended by striking 
the 
heading 
and 
inserting 
‘‘INSOLVENT 
PLANS’’. 
(C) CONFORMING AMENDMENT TO TABLE OF 
CONTENTS.—The table of contents for such sub-
part C is amended by striking the items relating 
to sections 418 through 418D. 
(D) CONFORMING AMENDMENT TO TABLE OF 
SUBPARTS.—The table of subparts for part I of 
subchapter D of chapter 1 of such Code is 
amended by striking the heading and inserting 
‘‘INSOLVENT PLANS’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to plan years beginning 
after December 31, 2014.
1581 
SEC. 109. DISREGARD OF CERTAIN CONTRIBUTION IN-
CREASES FOR WITHDRAWAL LIABILITY PUR-
POSES. 
(a) AMENDMENT TO EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974.—Section 305 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1085) is 
amended— 
(1) in subsection (e), by striking paragraph (9); 
(2) in subsection (f)— 
(A) by striking paragraph (3) and redesig-
nating paragraph (4) as paragraph (3); and 
(B) in paragraph (3) (as redesignated by 
subparagraph (A)), by striking ‘‘During the re-
habilitation plan adoption period—’’ and insert-
ing ‘‘During the period beginning on the date of 
the certification under subsection (b)(3)(A) for 
the initial critical year and ending on the date 
of the adoption of a rehabilitation plan—’’; 
(3) by redesignating subsections (g), (h), and (i) 
as subsections (h), (i), and (j), respectively; and 
(4) by inserting after subsection (f) the following: 
‘‘(g) ADJUSTMENTS DISREGARDED IN WITHDRAWAL 
LIABILITY DETERMINATION.— 
‘‘(1) BENEFIT REDUCTION.—Any benefit reduc-
tions under subsection (e)(8) or (f) shall be dis-
regarded in determining a plan’s unfunded vested
1582 
benefits for purposes of determining an employer’s 
withdrawal liability under section 4201. 
‘‘(2) SURCHARGES.—Any surcharges under sub-
section (e)(7) shall be disregarded in determining the 
allocation of unfunded vested benefits to an employer 
under section 4211 and in determining the highest 
contribution rate under section 4219(c), except for 
purposes of determining the unfunded vested benefits 
attributable to an employer under section 4211(c)(4) 
or a comparable method approved under section 
4211(c)(5). 
‘‘(3) CONTRIBUTION
INCREASES
REQUIRED
BY 
FUNDING IMPROVEMENT OR REHABILITATION PLAN.— 
‘‘(A) IN
GENERAL.—Any increase in the 
contribution rate (or other increase in contribu-
tion requirements unless due to increased levels 
of work, employment, or periods for which com-
pensation is provided) that is required or made 
in order to enable the plan to meet the require-
ment of the funding improvement plan or reha-
bilitation plan shall be disregarded in deter-
mining the allocation of unfunded vested benefits 
to an employer under section 4211 and in deter-
mining the highest contribution rate under sec-
tion 4219(c), except for purposes of determining
1583 
the unfunded vested benefits attributable to an 
employer under section 4211(c)(4) or a com-
parable 
method 
approved 
under 
section 
4211(c)(5). 
‘‘(B) SPECIAL RULES.—For purposes of this 
paragraph, any increase in the contribution rate 
(or other increase in contribution requirements) 
shall be deemed to be required or made in order 
to enable the plan to meet the requirement of the 
funding improvement plan or rehabilitation 
plan except for increases in contribution require-
ments due to increased levels of work, employ-
ment, or periods for which compensation is pro-
vided or additional contributions are used to 
provide an increase in benefits, including an in-
crease in future benefit accruals, permitted by 
subsection (d)(1)(B) or (f)(1)(B). 
‘‘(4) EMERGENCE FROM ENDANGERED OR CRIT-
ICAL STATUS.—In the case of increases in the con-
tribution rate (or other increases in contribution re-
quirements unless due to increased levels of work, em-
ployment, or periods for which compensation is pro-
vided) disregarded pursuant to paragraph (3), this 
subsection shall cease to apply as of the expiration 
date of the collective bargaining agreement in effect
1587 
ments due to increased levels of work, employ-
ment, or periods for which compensation is pro-
vided or additional contributions are used to 
provide an increase in benefits, including an in-
crease in future benefit accruals, permitted by 
subsection (d)(1)(B) or (f)(1)(B). 
‘‘(4) EMERGENCE FROM ENDANGERED OR CRIT-
ICAL STATUS.—In the case of increases in the con-
tribution rate (or other increases in contribution re-
quirements unless due to increased levels of work, em-
ployment, or periods for which compensation is pro-
vided) disregarded pursuant to paragraph (3), this 
subsection shall cease to apply as of the expiration 
date of the collective bargaining agreement in effect 
when the plan emerges from endangered or critical 
status. Notwithstanding the preceding sentence, once 
the plan emerges from critical or endangered status, 
increases in the contribution rate disregarded pursu-
ant to paragraph (3) shall continue to be disregarded 
in determining the highest contribution rate under 
section 4219(c) of such Act for plan years during 
which the plan was in endangered or critical status. 
‘‘(5) SIMPLIFIED CALCULATIONS.—The Pension 
Benefit Guaranty Corporation shall prescribe sim-
plified methods for the application of this subsection
1588 
in determining withdrawal liability and payment 
amounts under section 4219(c) of such Act.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to benefit reductions and increases in 
the contribution rate or other required contribution in-
creases that go into effect during plan years beginning after 
December 31, 2014 and to surcharges the obligation for 
which accrue on or after December 31, 2014. 
SEC. 110. GUARANTEE FOR PRE-RETIREMENT SURVIVOR 
ANNUITIES UNDER MULTIEMPLOYER PEN-
SION PLANS. 
(a) IN GENERAL.—Section 4022A(c) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1322a(c)) is amended by adding at the end the following: 
‘‘(4) For purposes of subsection (a), in the case 
of a qualified preretirement survivor annuity (as de-
fined in section 205(e)(1)) payable to the surviving 
spouse of a participant under a multiemployer plan 
which becomes insolvent under section 4245(b) or 
4281(d)(2) or is terminated, such annuity shall not be 
treated as forfeitable solely because the participant 
has not died as of the date on which the plan became 
so insolvent or the termination date.’’. 
(b) RETROACTIVE
APPLICATION.—The amendment 
made by this section shall apply with respect to multiem-
1589 
ployer plan benefit payments becoming payable on or after 
January 1, 1985, except that the amendment shall not 
apply in any case where the surviving spouse has died be-
fore the date of the enactment of this Act. 
SEC. 111. REQUIRED DISCLOSURE OF MULTIEMPLOYER 
PLAN INFORMATION. 
(a) IN GENERAL.—Section 101(k)(1) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1021(k)(1)) is amended to read as follows: 
‘‘(1) IN GENERAL.—Each administrator of a de-
fined benefit plan that is a multiemployer plan shall, 
upon written request, furnish to any plan participant 
or beneficiary, employee representative, or any em-
ployer that has an obligation to contribute to the plan 
a copy of— 
‘‘(A) the current plan document (including 
any amendments thereto), 
‘‘(B) the latest summary plan description of 
the plan, 
‘‘(C) the current trust agreement (including 
any amendments thereto), or any other instru-
ment or agreement under which the plan is es-
tablished or operated, 
‘‘(D) in the case of a request by an em-
ployer, any participation agreement with respect
1590 
to the plan for such employer that relates to the 
employer’s plan participation during the current 
or any of the 5 immediately preceding plan 
years, 
‘‘(E) the annual report filed under section 
104 for any plan year, 
‘‘(F) the plan funding notice provided 
under subsection (f) for any plan year, 
‘‘(G) any periodic actuarial report (includ-
ing any sensitivity testing) received by the plan 
for any plan year which has been in the plan’s 
possession for at least 30 days, 
‘‘(H) any quarterly, semi-annual, or an-
nual financial report prepared for the plan by 
any plan investment manager or advisor or 
other fiduciary which has been in the plan’s pos-
session for at least 30 days, 
‘‘(I) audited financial statements of the 
plan for any plan year, 
‘‘(J) any application filed with the Sec-
retary of the Treasury requesting an extension 
under section 304(d) of this Act or section 431(d) 
of the Internal Revenue Code of 1986 and the de-
termination of such Secretary pursuant to such 
application, and
1591 
‘‘(K) in the case of a plan which was in 
critical or endangered status under section 305 
for a plan year, the latest funding improvement 
or rehabilitation plan, and the contribution 
schedules applicable with respect to such funding 
improvement or rehabilitation plan (other than 
a contribution schedule applicable to a specific 
employer).’’. 
(b) LIMITATIONS ON DISCLOSURE.—Section 101(k)(3) 
of such Act (29 U.S.C. 1021(k)(3)) is amended by striking 
the 1st sentence and inserting the following: ‘‘In no case 
shall a participant, beneficiary, employee representative, or 
employer be entitled under this subsection to receive more 
than one copy of any document described in paragraph (1) 
during any one 12-month period, or, in the case of any 
document described in subparagraph (E), (F), (G), (H) or 
(I) of paragraph (1), a copy of any such document that 
as of the date on which the request is received by the admin-
istrator, has been in the administrator’s possession for 6 
years or more. If the administrator provides a copy of a 
document described in paragraph (1) to any person upon 
request, the administrator shall be considered as having met 
any obligation the administrator may have under any other 
provision of this title to furnish a copy of the same docu-
ment to such person upon request.’’.
1592 
(c) RETENTION OF RECORDS.—Section 107 of such Act 
(29 U.S.C. 1027) is amended— 
(1) by inserting ‘‘(including the documents de-
scribed in subparagraphs (E) through (I) of section 
101(k))’’ after ‘‘file any report’’; and 
(2) by inserting ‘‘a copy of such report and’’ 
after ‘‘shall maintain’’. 
(d) CIVIL ENFORCEMENT.—Section 502(a) of such Act 
(29 U.S.C. 1132(a)) is amended— 
(1) in paragraph (9), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (10), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(11) in the case of a multiemployer plan, by an 
employee representative, or any employer that has an 
obligation to contribute to the plan, (A) to enjoin any 
act or practice which violates subsection (k) of section 
101 (or, in the case of an employer, subsection (l) of 
such section), or (B) to obtain appropriate equitable 
relief (i) to redress such violation or (ii) to enforce 
such subsection.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to plan years beginning 
after December 31, 2014.
1593 
Subtitle B—Multiemployer Plan 
Mergers and Partitions 
SEC. 121. MERGERS. 
(a) PBGC ASSISTANCE FOR MULTIEMPLOYER PLAN 
MERGERS.—Section 4231 of the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 1411) is amended 
by adding at the end the following: 
‘‘(e) FACILITATED MERGERS.— 
‘‘(1) IN GENERAL.—When requested to do so by 
the plan sponsors, the corporation may take such ac-
tions as it deems appropriate to promote and facili-
tate the merger of two or more multiemployer plans 
if it determines, after consultation with the Partici-
pant and Plan Sponsor Advocate selected under sec-
tion 4004, that the transaction is in the interests of 
the participants and beneficiaries of at least one of 
the plans and is not reasonably expected to be adverse 
to the overall interests of the participants and bene-
ficiaries of any of the plans. Such facilitation may 
include training, technical assistance, mediation, 
communication with stakeholders, and support with 
related requests to other government agencies. 
‘‘(2) FINANCIAL ASSISTANCE.—In order to facili-
tate a merger which it determines is necessary to en-
able one or more of the plans involved to avoid or
1594 
postpone insolvency, the corporation may provide fi-
nancial assistance (within the meaning of section 
4261) to the merged plan if— 
‘‘(A) one or more of the multiemployer 
plans participating in the merger is in critical 
and declining status (as defined in section 
305(b)(4)); 
‘‘(B) the corporation reasonably expects 
that— 
‘‘(i) such financial assistance will re-
duce the corporation’s expected long-term 
loss with respect to the plans involved; and 
‘‘(ii) such financial assistance is nec-
essary for the merged plan to become or re-
main solvent; 
‘‘(C) the corporation certifies that its ability 
to meet existing financial assistance obligations 
to other plans will not be impaired by such fi-
nancial assistance; and 
‘‘(D) such financial assistance is paid ex-
clusively from the fund for basic benefits guaran-
teed for multiemployer plans. 
Not later than 14 days after the provision of such fi-
nancial assistance, the corporation shall provide no-
tice of such financial assistance to the Committee on
1595 
Education and the Workforce of the House of Rep-
resentatives, the Committee on Ways and Means of 
the House of Representatives, the Committee on Fi-
nance of the Senate, and the Committee on Health, 
Education, Labor, and Pensions of the Senate.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to plan years beginning 
after December 31, 2014. 
SEC. 122. PARTITIONS OF ELIGIBLE MULTIEMPLOYER 
PLANS. 
(a) IN GENERAL.— 
(1) IN GENERAL.—Section 4233 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1413) is amended to read as follows: 
‘‘SEC. 4233. PARTITIONS OF ELIGIBLE MULTIEMPLOYER 
PLANS. 
‘‘(a)(1) Upon the application by the plan sponsor of 
an eligible multiemployer plan for a partition of the plan, 
the corporation may order a partition of the plan in accord-
ance with this section. The corporation shall make a deter-
mination regarding the application not later than 270 days 
after the date such application was filed (or, if later, the 
date such application was completed) in accordance with 
regulations promulgated by the corporation.
1596 
‘‘(2) Not later than 30 days after submitting an appli-
cation for partition of a plan under paragraph (1), the plan 
sponsor of the plan shall notify the participants and bene-
ficiaries of such application, in the form and manner pre-
scribed by regulations issued by the corporation. 
‘‘(b) For purposes of this section, a multiemployer plan 
is an eligible multiemployer plan if— 
‘‘(1) the plan is in critical and declining status 
(as defined in section 305(b)(4)); 
‘‘(2) the corporation determines, after consulta-
tion with the Participant and Plan Sponsor Advocate 
selected under section 4004, that the plan sponsor has 
taken (or is taking concurrently with an application 
for partition) all reasonable measures to avoid insol-
vency, including the maximum benefit suspensions 
under section 305(e)(9), if applicable; 
‘‘(3) the corporation reasonably expects that— 
‘‘(A) a partition of the plan will reduce the 
corporation’s expected long-term loss with respect 
to the plan; and 
‘‘(B) a partition of the plan is necessary for 
the plan to remain solvent; 
‘‘(4) the corporation certifies to Congress that its 
ability to meet existing financial assistance obliga-
tions to other plans (including any liabilities associ-
1597 
ated with multiemployer plans that are insolvent or 
that are projected to become insolvent within 10 
years) will not be impaired by such partition; and 
‘‘(5) the cost to the corporation arising from such 
partition is paid exclusively from the fund for basic 
benefits guaranteed for multiemployer plans. 
‘‘(c) The corporation’s partition order shall provide for 
a transfer to the plan referenced in subsection (d)(1) of the 
minimum amount of the plan’s liabilities necessary for the 
plan to remain solvent. 
‘‘(d)(1) The plan created by the partition order is a 
successor plan to which section 4022A applies. 
‘‘(2) The plan sponsor of an eligible multiemployer 
plan prior to the partition and the administrator of such 
plan shall be the plan sponsor and the administrator, re-
spectively, of the plan created by the partition order. 
‘‘(3) In the event an employer withdraws from the plan 
that was partitioned within ten years following the date 
of the partition order, withdrawal liability shall be com-
puted under section 4201 with respect to both the plan that 
was partitioned and the plan created by the partition order. 
If the withdrawal occurs more than ten years after the date 
of the partition order, withdrawal liability shall be com-
puted under section 4201 only with respect to the plan that
1598 
was partitioned (and not with respect to the plan created 
by the partition order). 
‘‘(e)(1) For each participant or beneficiary of the plan 
whose benefit was transferred to the plan created by the par-
tition order pursuant to a partition, the plan that was par-
titioned shall pay a monthly benefit to such participant or 
beneficiary for each month in which such benefit is in pay 
status following the effective date of such partition in an 
amount equal to the excess of— 
‘‘(A) the monthly benefit that would be paid to 
such participant or beneficiary for such month under 
the terms of the plan (taking into account benefit sus-
pensions under section 305(e)(9) and any plan 
amendments following the effective date of such parti-
tion) if the partition had not occurred, over 
‘‘(B) the monthly benefit for such participant or 
beneficiary which is guaranteed under section 4022A. 
‘‘(2) In any case in which a plan provides a benefit 
improvement (as defined in section 305(e)(9)(E)(vi)) that 
takes effect after the effective date of the partition, the plan 
shall pay to the corporation for each year during the 10- 
year period following the partition effective date, an annual 
amount equal to the lesser of—
1600 
Subtitle C—Strengthening the Pen-
sion Benefit Guaranty Corpora-
tion 
SEC. 131. PREMIUM INCREASES FOR MULTIEMPLOYER 
PLANS. 
(a) INCREASE
IN PREMIUM RATE
FOR MULTIEM-
PLOYER PLANS.—Section 4006(a)(3) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1306(a)(3)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (iv), by striking ‘‘or’’ at the 
end; 
(B) in clause (v)— 
(i) by inserting ‘‘and before January 
1, 2015,’’ after ‘‘December 31, 2012,’’; and 
(ii) by striking the period at the end 
and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
‘‘(vi) in the case of a multiemployer plan, for 
plan years beginning after December 31, 2014, $26 
for each individual who is a participant in such plan 
during the applicable plan year.’’; and 
(2) by adding at the end the following: 
‘‘(M) For each plan year beginning in a calendar year 
after 2015, there shall be substituted for the dollar amount