29 U.S.C. § 1107
Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans
United States · Title 29 — LABOR · Status: effective
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- Citation
- 29 U.S.C. § 1107, Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/466159
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Full text
Except as otherwise provided in this section and section 1114 of this title:
A plan may not acquire or hold—
After December 31, 1984, a plan may not hold any qualifying employer securities or qualifying employer real property (or both) to the extent that the aggregate fair market value of such securities and property determined on December 31, 1984, exceeds 10 percent of the greater of—
Subparagraph (A) of this paragraph shall not apply to any plan which on any date after December 31, 1974; and before January 1, 1985, did not hold employer securities or employer real property (or both) the aggregate fair market value of which determined on such date exceeded 10 percent of the greater of 11 So in original. Probably should be followed by a dash.
If this paragraph applies to an eligible individual account plan, the portion of such plan which consists of applicable elective deferrals (and earnings allocable thereto) shall be treated as a separate plan—
This paragraph shall apply to any eligible individual account plan if any portion of the plan’s applicable elective deferrals (or earnings allocable thereto) are required to be invested in qualifying employer securities or qualifying employer real property or both—
A plan which makes the election, under paragraph (3) shall be treated as satisfying the requirement of subsection (a)(3) if and only if employer securities held on any date after December 31, 1974 and before January 1, 1985 have a fair market value, determined as of December 31, 1974, not in excess of 10 percent of the lesser of—
For purposes of this section—
The term “qualifying employer real property” means parcels of employer real property—
The term “qualifying employer security” means an employer security which is—
The term “employee stock ownership plan” means an individual account plan—
For purposes of subsection (d)(5), the term “marketable obligation” means a bond, debenture, note, or certificate, or other evidence of indebtedness (hereinafter in this subsection referred to as “obligation”) if—
such obligation is acquired—
immediately following acquisition of such obligation—
Stock satisfies the requirements of this paragraph if, immediately following the acquisition of such stock—
Until January 1, 1993, a plan shall not be treated as violating subsection (a) solely by holding stock which fails to satisfy the requirements of paragraph (1) if such stock—
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.
- Employee Retirement Income Security Act of 1974House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1987House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1989House: no recorded tallySenate: 87–7
- To amend title I of the Employee Retirement Income Security Act of 1974 to require qualifying employer securities to include interests in publicly traded partnerships.House: no recorded tallySenate: no recorded tally
- Taxpayer Relief Act of 1997
- Pension Protection Act of 2006