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. § 1415

Transfers pursuant to change in bargaining representative

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(a) Authority to transfer from old plan to new plan pursuant to employee participation in another multiemployer plan after certified change of representative

In any case in which an employer has completely or partially withdrawn from a multiemployer plan (hereafter in this section referred to as the “old plan”) as a result of a certified change of collective bargaining representative occurring after September 25, 1980, if participants of the old plan who are employed by the employer will, as a result of that change, participate in another multiemployer plan (hereafter in this section referred to as the “new plan”), the old plan shall transfer assets and liabilities to the new plan in accordance with this section.

(b) Notification by employer of plan sponsor of old plan; notification by plan sponsor of old plan of employer and plan sponsor of new plan; appeal by new plan to prevent transfer; further proceedings(1) The employer shall notify the plan sponsor of the old plan of a change in multiemployer plan participation described in subsection (a) no later than 30 days after the employer determines that the change will occur.(2) The plan sponsor of the old plan shall—(A) notify the employer of—(i) the amount of the employer’s withdrawal liability determined under part 1 of this subtitle with respect to the withdrawal,(ii) the old plan’s intent to transfer to the new plan the nonforfeitable benefits of the employees who are no longer working in covered service under the old plan as a result of the change of bargaining representative, and(iii) the amount of assets and liabilities which are to be transferred to the new plan, and(B) notify the plan sponsor of the new plan of the benefits, assets, and liabilities which will be transferred to the new plan.(3) Within 60 days after receipt of the notice described in paragraph (2)(B), the new plan may file an appeal with the corporation to prevent the transfer. The transfer shall not be made if the corporation determines that the new plan would suffer substantial financial harm as a result of the transfer. Upon notification described in paragraph (2), if—(A) the employer fails to object to the transfer within 60 days after receipt of the notice described in paragraph (2)(A), or(B) the new plan either—(i) fails to file such an appeal, or(ii) the corporation, pursuant to such an appeal, fails to find that the new plan would suffer substantial financial harm as a result of the transfer described in the notice under paragraph (2)(B) within 180 days after the date on which the appeal is filed,then the plan sponsor of the old plan shall transfer the appropriate amount of assets and liabilities to the new plan.(c) Reduction of amount of withdrawal liability of employer upon transfer of appropriate amount of assets and liabilities by plan sponsor of old plan to new planIf the plan sponsor of the old plan transfers the appropriate amount of assets and liabilities under this section to the new plan, then the amount of the employer’s withdrawal liability (as determined under section 1381(b) of this title without regard to such transfer and this section) with respect to the old plan shall be reduced by the amount by which—(1) the value of the unfunded vested benefits allocable to the employer which were transferred by the plan sponsor of the old plan to the new plan, exceeds(2) the value of the assets transferred.(d) Escrow payments by employer upon complete or partial withdrawal and prior to transferIn any case in which there is a complete or partial withdrawal described in subsection (a), if—(1) the new plan files an appeal with the corporation under subsection (b)(3), and(2) the employer is required by section 1399 of this title to begin making payments of withdrawal liability before the earlier of—(A) the date on which the corporation finds that the new plan would not suffer substantial financial harm as a result of the transfer, or(B) the last day of the 180-day period beginning on the date on which the new plan files its appeal,then the employer shall make such payments into an escrow held by a bank or similar financial institution satisfactory to the old plan. If the transfer is made, the amounts paid into the escrow shall be returned to the employer. If the transfer is not made, the amounts paid into the escrow shall be paid to the old plan and credited against the employer’s withdrawal liability.(e) Prohibition on transfer of assets to new plan by plan sponsor of old plan; exemptions(1) Notwithstanding subsection (b), the plan sponsor shall not transfer any assets to the new plan if—(A) the old plan is in reorganization (within the meaning of section 1421(a) 11 See References in Text note below. of this title), or(B) the transfer of assets would cause the old plan to go into reorganization (within the meaning of section 1421(a) 1 of this title).(2) In any case in which a transfer of assets from the old plan to the new plan is prohibited by paragraph (1), the plan sponsor of the old plan shall transfer—(A) all nonforfeitable benefits described in subsection (b)(2), if the value of such benefits does not exceed the withdrawal liability of the employer with respect to such withdrawal, or(B) such nonforfeitable benefits having a value equal to the withdrawal liability of the employer, if the value of such benefits exceeds the withdrawal liability of the employer.(f) Agreement between plan sponsors of old plan and new plan to transfer in compliance with other statutory provisions; reduction of withdrawal liability of employer from old plan; amount of withdrawal liability of employer to new plan(1) Notwithstanding subsections (b) and (e), the plan sponsors of the old plan and the new plan may agree to a transfer of assets and liabilities that complies with sections 1411 and 1414 of this title, rather than this section, except that the employer’s liability with respect to the withdrawal from the old plan shall be reduced under subsection (c) as if assets and liabilities had been transferred in accordance with this section.(2) If the employer withdraws from the new plan within 240 months after the effective date of a transfer of assets and liabilities described in this section, the amount of the employer’s withdrawal liability to the new plan shall be the greater of—(A) the employer’s withdrawal liability determined under part 1 of this subtitle with respect to the new plan, or(B) the amount by which the employer’s withdrawal liability to the old plan was reduced under subsection (c), reduced by 5 percent for each 12-month period following the effective date of the transfer and ending before the date of the withdrawal from the new plan.(g) DefinitionsFor purposes of this section—(1) “appropriate amount of assets” means the amount by which the value of the nonforfeitable benefits to be transferred exceeds the amount of the employer’s withdrawal liability to the old plan (determined under part 1 of this subtitle without regard to section 1391(e) of this title), and(2) “certified change of collective bargaining representative” means a change of collective bargaining representative certified under the Labor-Management Relations Act, 1947 [29 U.S.C. 141 et seq.], or the Railway Labor Act [45 U.S.C. 151 et seq.].(Pub. L. 93–406, title IV, § 4235, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1247; amended Pub. L. 98–369, div. A, title V, § 558(b)(1)(A), July 18, 1984, 98 Stat. 899.)Editorial NotesReferences in Text

Section 1421 of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 113–235, div. O, title I, § 108(a)(1), Dec. 16, 2014, 128 Stat. 2786.

The Labor-Management Relations Act, 1947, referred to in subsec. (g)(2), is act June 23, 1947, ch. 120, 61 Stat. 136, which is classified principally to chapter 7 (§ 141 et seq.) of this title. For complete classification of this Act to the Code, see section 141 of this title and Tables.

The Railway Labor Act, referred to in subsec. (g)(2), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

Amendments

1984—Subsec. (a). Pub. L. 98–369 substituted “September 25, 1980” for “April 28, 1980”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Sept. 26, 1980, see section 1461(e)(4) of this title.

Notes of Decisions
Cited in 42 cases (11 in the last 5 years), 1983–2026 · leading case: Walter Dean v. National Production Workers Un
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Walter Dean v. National Production Workers Un (2022) ca7 “In the alternative, plaintiffs advance a second legal the- ory—equitable relief under § 502(a)(3) for defendants’ pur- ported violation of two ERISA provisions.”
Ilgwu National Retirement Fund, Sol C. Chaikin and Joseph Moore v. Levy Bros. Frocks, Inc. (1988) ca2 “E-DC, we held that exhaustion of the arbitration remedy was not required in an action for declaratory and injunctive relief involving the interaction of 29 U.S.C. § 1415 (governing transfers of assets to a new plan pursuant to a change in bargaining representation) with the…”
Navarro Carrilo v. N.Y.C. Dep't of Educ. (2019) ilsd “29 U.S.C. § 1415 (j). This right applies " regardless of whether [the] case is meritorious or not.”
Walter v. International Ass'n of Machinists Pension Fund (1991) ca10 · cites it 5× “The United States Court of Appeals for the District of Columbia Circuit affirmed the district court on the grounds that Central States had waived its right to contest the transfer under 29 U.S.C. § 1415 (b)(3). However, the court of appeals remanded the case to the district…”
Allan Fontenot v. Louisiana Board of Elementary and Secondary Education (1986) ca2 “After LSEC refused to admit Fontenot, he requested a state “due process” hearing, which was convened pursuant to § 615(b)(2) of the EHA, 29 U.S.C. § 1415 (b)(2). On August 15, the Hearing Officer determined that Fontenot should be readmitted to LSEC.”
Lloyd v. Ingenuity Prep Pub. Charter Sch. (2019) cadc “That is, even though the statute of limitations referenced the bringing of an action, the D.C. Circuit determined that the limitations period applied to counterclaims.”
Ronald W. Caterino v. J. Leo Barry (1993) ca1 “See ERISA, 29 U.S.C. § 1415 (a). Ultimately, the weighing of the conflicting interests here at issue — those of departing employees in obtaining the nonvested share of assets versus those of most fund participants in discouraging departures — is up to the trustees (who reflect…”
Mavis v. Sobol (1994) nynd “This would indicate that the evidence presented in the hearing be considered as much a part of the record as any proceedings before the Court as long as those proceedings comply with 29 U.S.C. § 1415 . It does not imply that the hearing officer’s findings and conclusions should…”
Demisay v. Local 144, Nursing Home Pension Fund (1989) nysd · cites it 2× “” See 29 U.S.C. § 1415 (Supp. IV 1986). Although there are several provisions dealing with the merger or transfer of plan assets or liabilities under MPPAA, in no other situation is a transfer of assets and liabilities mandated.”
B.K. v. Toms River Board of Education (1998) njd “Plaintiff argues that she is a prevailing party pursuant to 29 U.S.C. § 1415 (e)(4)(B), as the institution of mediation and due process procedures “totally changed [defendant’s] position regarding D.”
Hazel Park Racing Ass'n v. Trustees of the SEIU National Industry Pension Fund (2008) mied · cites it 5× “Plaintiffs say that the SEIU Fund was required to transfer these assets and liabilities pursuant to 29 U.S.C. § 1415 , but failed to do so; as a result, the SEIU Fund assessed “withdrawal liability” against plaintiffs that was much higher than it otherwise would have been.”
Nicholas Demisay v. Local 144 Nursing Home Pension Fund (1991) ca2 “” Since the MPPAA was silent on transfers resulting from other scenarios, the appellees argue that Congress must have meant for asset transfers to occur only when the change is triggered by a certified change of collective bargaining representative; thus § 302(c)(5), in the…”
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— 29 U.S.C. § 1415(c) — 1 case
Mar-Can Transp. Co. v. Loc. 854 Pension Fund (2026) ca2
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.