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29 U.S.C. § 1052

Minimum participation standards

United States · Title 29 — LABOR · Status: effective

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29 U.S.C. § 1052, Minimum participation standards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/466134
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Full text

No pension plan may require, as a condition of participation in the plan, that an employee complete a period of service with the employer or employers maintaining the plan extending beyond the later of the following dates— A plan shall be treated as not meeting the requirements of paragraph (1) unless it provides that any employee who has satisfied the minimum age and service requirements specified in such paragraph, and who is otherwise entitled to participate in the plan, commences participation in the plan no later than the earlier of— For purposes of paragraph (1), in the case of a nonvested participant, years of service with the employer or employers maintaining the plan before any period of consecutive 1-year breaks in service shall not be required to be taken into account in computing the period of service if the number of consecutive 1-year breaks in service within such period equals or exceeds the greater of— In the case of each individual who is absent from work for any period— The hours described in this subparagraph are— The hours described in subparagraph (B) shall be treated as hours of service as provided in this paragraph— A plan may provide that no credit will be given pursuant to this paragraph unless the individual furnishes to the plan administrator such timely information as the plan may reasonably require to establish— A pension plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k) of title 26) or a salary reduction agreement (as described in section 403(b) of title 26) shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— the first 24-month period—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 93-406(H.R. 2)1974-09-02
    Employee Retirement Income Security Act of 1974
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-397(H.R. 4280)1984-08-23
    Retirement Equity Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-509(H.R. 5300)1986-10-21
    Omnibus Budget Reconciliation Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-514(H.R. 3838)1986-10-22
    Tax Reform Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-239(H.R. 3299)1989-12-19
    Omnibus Budget Reconciliation Act of 1989
    House: no recorded tallySenate: 87–7
  • Amended byPub. L. 117-328(H.R. 2617)2022-12-29
    Consolidated Appropriations Act, 2023
    House: 225–201Senate: no recorded tally