U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER III— PLAN TERMINATION INSURANCE › Subtitle Subtitle E— Special Provisions for Multiemployer Plans › Part part 1— employer withdrawals

29 U.S.C. § 1402

Reimbursements for uncollectible withdrawal liability

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 29 CasesGoogle Scholar
(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 reimburse multiemployer plans for withdrawal liability payments which are due from employers and which are determined to be uncollectible for reasons arising out of cases or proceedings involving the employers under title 11, or similar cases or proceedings. Participation in the supplemental program shall be on a voluntary basis, and a plan which elects coverage under the program shall pay premiums to the corporation in accordance with a premium schedule which shall be prescribed from time to time by the corporation. The premium schedule shall contain such rates and bases for the application of such rates as the corporation considers to be appropriate.

(b) Discretionary supplemental program to reimburse for payments due from employers uncollectible for other appropriate reasons

The corporation may provide under the program for reimbursement of amounts of withdrawal liability determined to be uncollectible for any other reasons the corporation considers appropriate.

(c) Payment of cost of program

The cost of the program (including such administrative and legal costs as the corporation considers appropriate) may be paid only out of premiums collected under such program.

(d) Terms and conditions, limitations, etc., of supplemental program

The supplemental program may be offered to eligible plans on such terms and conditions, and with such limitations with respect to the payment of reimbursements (including the exclusion of de minimis amounts of uncollectible employer liability, and the reduction or elimination of reimbursements which cannot be paid from collected premiums) and such restrictions on withdrawal from the program, as the corporation considers necessary and appropriate.

(e) Arrangements by corporation with private insurers for implementation of program; election of coverage by participating plans with private insurers

The corporation may enter into arrangements with private insurers to carry out in whole or in part the program authorized by this section and may require plans which elect coverage under the program to elect coverage by those private insurers.

(Pub. L. 93–406, title IV, § 4222, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1240.)
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1986–2023 · leading case: Trs. of the Amalgamated Ins. Fund v. McFarlin's, Inc., 789 F.2d 98 (2d Cir. 1986).
Sort: Relevance Newest Treatment
Trs. of the Amalgamated Ins. Fund v. McFarlin's, Inc., 789 F.2d 98 (2d Cir. 1986). “As a further step toward assisting the funds in such circumstances, 29 U.S.C. § 1402 (a), (b), requires the government to establish a program under which Multiemployer Pension and Employee Benefit Plans will be reimbursed for withdrawal liability payments that are uncollectible…”
Chicago Truck Drivers, Helpers & Warehouse Workers Union (Indep.) Pension Fund & Paul Glover v. Louis Zahn Drug Co., 890 F.2d 1405 (7th Cir. 1989). “See 29 U.S.C. § 1402 (b)(2). These policy choices, when considered together, require that we acknowledge “the prime role Congress so plainly assigned to *1411 arbitration in the MPPAA dispute resolution scheme.”
Teamsters Pension Trust Fund of Philadelphia & Vicinity v. Domenic Cristinzio, Inc., 994 F. Supp. 617 (E.D. Pa. 1998). “The deadline for seeking arbitration lapsed on May 22, 1993 under 29 U.S.C. § 1402 (a)(1)(B). 5 I find that because Cristinzio waived its right to contest the assessment of withdrawal liability by its failure to seek arbitration in a timely manner, the Pension Fund is governed…”
Parker v. King, 935 F.2d 1174 (11th Cir. 1991). “Appellants also urge us to consider whether the district court erred in its application and interpretation of the venue provision of the Little Tucker Act, 29 U.S.C. § 1402 (a)(1). Appellees, finally, contend that we, like the Federal Circuit, should hold that the Civil Service…”
Acer Landscape Servs., LLC v. Lasiter & Lasiter Inc. PC (M.D. Tenn. 2023). “1 The Motion to Dismiss actually references 29 U.S.C. § 1402 (a), rather than § 1404 (see Doc.”
Kearney Partners Fund, LLC Ex Rel. Lincoln Partners Fund, LLC v. US Ex Rel. Irs, 814 F. Supp. 2d 1349 (M.D. Fla. 2011). “In the Complaints, KPF asserts that venue is proper in the Middle District of Florida, Fort Myers Division, pursuant to 29 U.S.C. § 1402 (c) and 26 U.S.C. § 6226 .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.