---
type: "LegalText"
title: "29 U.S.C. § 1397"
description: "Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "18"
chapter_name: "EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM"
section: "1397"
citation: "29 U.S.C. § 1397"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc29@119-100.zip"
source_identifier: "/us/usc/t29/s1397"
source_file: "data/legal/raw/us/code/title-29/usc29.xml"
source_hash: "a324bf437be3d75996df5ca2e4a9d022e0ab4af0c0804a302cc0d6fbf65e1f9f"
raw_snapshot_hash: "123f65eaf0f6719b01d66f4a47cd03d5134b66fbd92ae96d7387b67454b98476"
text_hash: "dec9718d438d53ae7251000b7fe4ea919984c9a1112c857fddff34198dd7c19e"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---

# 29 U.S.C. § 1397 - Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan

## Text

(a) For the purpose of determining the amount of unfunded vested benefits allocable to an employer for a partial or complete withdrawal from a plan which occurs after September 25, 1980, and for the purpose of determining whether there has been a partial withdrawal after such date, the amount of contributions, and the number of contribution base units, of such employer properly allocable—

(1) to work performed under a collective bargaining agreement for which there was a permanent cessation of the obligation to contribute before September 26, 1980, or

(2) to work performed at a facility at which all covered operations permanently ceased before September 26, 1980, or for which there was a permanent cessation of the obligation to contribute before that date,

shall not be taken into account.

(b) A plan may, in a manner not inconsistent with regulations, which shall be prescribed by the corporation, adjust the amount of unfunded vested benefits allocable to other employers under a plan maintained by an employer described in subsection (a).

(Pub. L. 93–406, title IV, § 4217, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1235; amended Pub. L. 98–369, div. A, title V, § 558(b)(1)(A), (B), July 18, 1984, 98 Stat. 899.)

## Notes

Editorial Notes

Amendments1984—Subsec. (a). Pub. L. 98–369, § 558(b)(1)(A), (B), substituted “September 25, 1980” for “April 28, 1980” in provisions preceding par. (1) and “September 26, 1980” for “April 29, 1980” in pars. (1) and (2).