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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 29 U.S.C. § 1369 Treatment of transactions to evade liability; effect of corporate reorganization us united_states_code code_section 29 LABOR 18 EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM 1369 29 U.S.C. § 1369 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc29@119-100.zip /us/usc/t29/s1369 data/legal/raw/us/code/title-29/usc29.xml 6d81f7e4404cb0a4db51007a59a5da19be8be583de549eb30f24c0aad4597951 123f65eaf0f6719b01d66f4a47cd03d5134b66fbd92ae96d7387b67454b98476 1d191e1c7a35fb673f5761202cfe1401d8f035fe19a92c3fa3e2084df6c90107 2026-07-04 official
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29 U.S.C. § 1369 - Treatment of transactions to evade liability; effect of corporate reorganization

Text

(a) Treatment of transactions to evade liability If a principal purpose of any person in entering into any transaction is to evade liability to which such person would be subject under this subtitle and the transaction becomes effective within five years before the termination date of the termination on which such liability would be based, then such person and the members of such persons controlled group (determined as of the termination date) shall be subject to liability under this subtitle in connection with such termination as if such person were a contributing sponsor of the terminated plan as of the termination date. This subsection shall not cause any person to be liable under this subtitle in connection with such plan termination for any increases or improvements in the benefits provided under the plan which are adopted after the date on which the transaction referred to in the preceding sentence becomes effective.

(b) Effect of corporate reorganization For purposes of this subtitle, the following rules apply in the case of certain corporate reorganizations:

(1) Change of identity, form, etc. If a person ceases to exist by reason of a reorganization which involves a mere change in identity, form, or place of organization, however effected, a successor corporation resulting from such reorganization shall be treated as the person to whom this subtitle applies.

(2) Liquidation into parent corporation If a person ceases to exist by reason of liquidation into a parent corporation, the parent corporation shall be treated as the person to whom this subtitle applies.

(3) Merger, consolidation, or division If a person ceases to exist by reason of a merger, consolidation, or division, the successor corporation or corporations shall be treated as the person to whom this subtitle applies.

(Pub. L. 93406, title IV, § 4069, as added Pub. L. 99272, title XI, § 11013(a), Apr. 7, 1986, 100 Stat. 260.)

Notes

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 99272, title XI, § 11013(b), Apr. 7, 1986, 100 Stat. 261, provided that: “Section 4069(a) of the Employee Retirement Income Security Act of 1974 (as added by subsection (a)) [subsec. (a) of this section] shall apply with respect to transactions becoming effective on or after January 1, 1986.” Section effective Jan. 1, 1986, with certain exceptions, see section 11019 of Pub. L. 99272, set out as an Effective Date of 1986 Amendment note under section 1341 of this title.