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 2— merger or transfer of plan assets or liabilities

29 U.S.C. § 1414

Asset transfer rules

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(a) Applicability and scopeA transfer of assets from a multiemployer plan to another plan shall comply with asset-transfer rules which shall be adopted by the multiemployer plan and which—(1) do not unreasonably restrict the transfer of plan assets in connection with the transfer of plan liabilities, and(2) operate and are applied uniformly with respect to each proposed transfer, except that the rules may provide for reasonable variations taking into account the potential financial impact of a proposed transfer on the multiemployer plan.Plan rules authorizing asset transfers consistent with the requirements of section 1412(c)(3) of this title shall be considered to satisfy the requirements of this subsection.(b) Exemption of de minimis transfers

The corporation shall prescribe regulations which exempt de minimis transfers of assets from the requirements of this part.

(c) Written reciprocity agreements

This part shall not apply to transfers of assets pursuant to written reciprocity agreements, except to the extent provided in regulations prescribed by the corporation.

(Pub. L. 93–406, title IV, § 4234, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1247.)
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1989–2024 · leading case: C.F. v. New York City Dep't of Educ., 746 F.3d 68 (2d Cir. 2014).
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C.F. v. New York City Dep't of Educ., 746 F.3d 68 (2d Cir. 2014). · cites it 2× “” 29 U.S.C. § 1414 (e); see also 34 C.F.R. § 300.”
Local 144 Nursing Home Pension Fund v. Demisay, 508 U.S. 581 (1993). · cites it 2× “*593 In addition to the § 302 claim, respondents' complaint asserted two ERISA claims, one based on ERISA's asset transfer rules, 29 U. S. C. § 1414 , and the other on ERISA's above-mentioned fiduciary duty provision, § 1104.”
Demisay v. Local 144, Nursing Home Pension Fund, 710 F. Supp. 58 (S.D.N.Y. 1989). · cites it 3× “Next, they allege that the Greater Funds violate section 4234 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1414 (1982), because they do not have asset transfer rules.”
Ronald W. Caterino v. J. Leo Barry, 8 F.3d 878 (1st Cir. 1993). “29 U.S.C. § 1414 (a). They argue (1) that the provision is applicable to the instant case, (2) that the trustees have failed to “adopt[ ]” any “asset-transfer rules,” and (3) that any such rules they might have adopted are “unreasonably restrictive].”
Nicholas Demisay v. Local 144 Nursing Home Pension Fund, 935 F.2d 528 (2d Cir. 1991). “§ 186 (c)(5); (2) that the failure of the Greater Funds to provide asset transfer rules violated § 4234 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1414 ; and (3) that the defendant Greater Fund trustees had breached their fiduciary duties under…”
Ganton Tech., Inc. v. Nat'l Indus. Grp. Pension Plan, 76 F.3d 462 (2d Cir. 1996). · cites it 2× “Section HH Claim Appellants claim that NIGPP was required under ERISA § 4234(a), 29 U.S.C. § 1414 (a), to transfer the plan assets attributable to Ganton’s contributions to the Ganton Plan on request.”
Ganton Tech., Inc. v. Nat'l Indus. Grp. Pension Plan, 865 F. Supp. 201 (S.D.N.Y. 1994). “Section &23i Claims Plaintiffs claim that NIGPP’s asset-transfer rule 5 violates section 4234(a) of ERISA, 29 U.S.C. § 1414 (a), which provides: A transfer of assets from a multi-employer plan to another plan shall comply with asset-transfer rules which shall be adopted by the…”
Caterino v. Barry, 761 F. Supp. 897 (D. Mass. 1991). “29 U.S.C. § 1414 (a) (emphasis added). This section of ERISA does not require the Trustees to establish rules which would require the transfer of assets and liabilities from a multi-employer plan to a single employer plan upon a withdrawing employer’s request.”
C.F., by His Parents R.F. & G.F. v. New York City Dep't of (2d Cir. 2014). · cites it 2× “” 29 U.S.C. § 1414 (e); see also 34 C.F.R. 24 § 300.”
Mar-Can Transp. Co., Inc. v. Local 854 Pension Fund (S.D.N.Y. 2024). “” 29 U.S.C. § 1414 (a)(1); see Hoeffner, 2016 WL 8711082 , at *5.”
Local 1115 Pension Fund ex rel. Sackman v. Local 144 Hosp. Pension Fund ex rel. Russo, 876 F. Supp. 39 (S.D.N.Y. 1994). “In Demisay, employers sought to require the transfer of funds from Local 144 Nursing Home Pension Fund to their own pension and welfare funds, the Southern Funds and were held to lack standing to compel the defendant to adopt assets transfer rules pursuant to 29 U.S.C. § 1414 .…”
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