U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER III— PLAN TERMINATION INSURANCE › Subtitle Subtitle C— Terminations

29 U.S.C. § 1348

Termination date

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(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.)Editorial NotesAmendments

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).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 49 cases (4 in the last 5 years), 1980–2026 · leading case: In Re Pension Plan for Employees of Broadway Maint. Corp.. Pension Benefit Guar. Corp. v. Broadway Maint. Corp., 707 F.2d 647 (2d Cir. 1983).
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In Re Pension Plan for Employees of Broadway Maint. Corp.. Pension Benefit Guar. Corp. v. Broadway Maint. Corp., 707 F.2d 647 (2d Cir. 1983). · cites it 5× “§ 4048(a)(2), 29 U.S.C. § 1348 (a)(2). But Congress did not give PBGC unilateral authority to set a termination date, even in involuntary proceedings.”
Braniff Int'l Corp. v. Interfirst Bank, Dallas, N.A. (In Re Braniff Airways, Inc.), 24 B.R. 466 (Bankr. N.D. Tex. 1982). · cites it 7× “29 U.S.C. § 1348 (1) and (2). In the event they are unable to agree § 1348(3) provides for the court to set the date of termination.”
Pension Benefit Guar. Corp. v. Repub. Tech. Int'l, Llc, United Steelworkers of Am., Afl-Cio, Clc, 386 F.3d 659 (6th Cir. 2004). · cites it 3× “2d at 649 (citing 29 U.S.C. § 1348 (a)). However, despite the importance of termination dates, ERISA does not give PBGC unilateral authority to set them, even in involuntary proceedings.”
In Re White Motor Corp., 42 B.R. 693 (N.D. Ohio 1984). “29 U.S.C. § 1348 . White and PBGC entered into agreements making the PBGC the trustee of the plans.”
United States v. George C. Hook, 195 F.3d 299 (7th Cir. 1999). “See 29 U.S.C. §§ 1348 (a)(4), (b)(2). Since the judicial process and the process of involuntary termination both take time to complete, a judge often must set a retroactive termination date to ensure that plan members and the corpus of the plan both receive equitable treatment.”
Pension Benefit Guar. Corp. v. Heppenstall Co., 633 F.2d 293 (3rd Cir. 1980). · cites it 3× “29 U.S.C. § 1348 (1976). The court plays no role in selecting the date.”
Sabey v. Howard Johnson Co., 5 P.3d 730 (Wash. Ct. App. 2000). “[15] 29 U.S.C. § 1348 . [16] 29 U.S.C. § 1301 (b)(1).”
Lynch v. JP Stevens & Co., Inc., 758 F. Supp. 976 (D.N.J. 1991). · cites it 2× “See 29 U.S.C. § 1348 . 31 By granting the plan administrator the authority to determine, with the approval of the PBGC, the effective date of a voluntary plan termination, the plan administrator “is granted the opportunity to determine when the employer’s obligation to fund the…”
Sabey v. Howard Johnson & Co., 101 Wash. App. 575 (Wash. Ct. App. 2000). “29 U.S.C. § 1348 . Id. § 1301(b)(1). See 29 C.”
Pension Benefit Guar. Corp. v. LTV Corp. (In Re Chateaugay Corp.), 87 B.R. 779 (S.D.N.Y. 1988). “” 29 U.S.C. § 1348 (a)(3), (a)(4). Here, since the termination date was January 13, 1987, the PBGC argues that its claim for termination liability first arose six months after the commencement of LTV’s bankruptcy proceedings.”
Air Line Pilots Ass'n v. Pension Benefit Guar. Corp., 193 F. Supp. 2d 209 (D.D.C. 2002). “(citing 29 U.S.C. § 1348 (a)(3)). On its face, nothing in section 10 of the CSA violates the provisions of ERISA.”
Deppenbrook ex rel. RTI Beaver Falls Employees v. Pension Benefit Guar. Corp., 778 F.3d 166 (D.C. Cir. 2015). “” 29 U.S.C. § 1348 (a)(4). The PBGC cannot administer certain types of pension plans.”
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