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29 U.S.C. § 1426

Insolvent plans

United States · Title 29 — LABOR · Status: effective

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29 U.S.C. § 1426, Insolvent plans, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/466331
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Notwithstanding sections 1053 and 1054 of this title, in any case in which benefit payments under an insolvent multiemployer plan exceed the resource benefit level, any such payments of benefits which are not basic benefits shall be suspended, in accordance with this section, to the extent necessary to reduce the sum of such payments and the payments of such basic benefits to the greater of the resource benefit level or the level of basic benefits, unless an alternative procedure is prescribed by the corporation under section 1322a(g)(5) of this title. For purposes of this section, for a plan year— For purposes of this paragraph— the term “person in pay status” means— the base plan year for any plan year is— a relevant collective bargaining agreement is a collective bargaining agreement— If the plan sponsor of a plan in critical status, as described in subsection 1 1085(b)(2) of this title, determines under subsection (d)(1) or (2) that the plan may become insolvent (within the meaning of subsection (b)(1)), the plan sponsor shall— Subsections (a) and (c) shall not apply to a plan that, for the plan year, is operating under section 1085(e)(9) of this title, regarding benefit suspensions by certain multiemployer plans in critical and declining status.

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. 96-364(H.R. 3904)1980-09-26
    An act to amend the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1954 to improve retirement income security under private multiemployer pension plans by strengthening the funding requirements for those plans, to authorize plan preservation measures for financially troubled multiemployer pension plans, and to revise the manner in which the pension plan termination insurance provisions apply to multiemployer plans, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 109-280(H.R. 4)2006-08-17
    Pension Protection Act of 2006
  • Amended byPub. L. 113-235(H.R. 83)2014-12-16
    Consolidated and Further Continuing Appropriations Act, 2015
    House: 219–206Senate: no recorded tally