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2026-07-06 10:51:44 -04:00

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LegalText 29 U.S.C. § 1453 Election of plan status us united_states_code code_section 29 LABOR 18 EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM 1453 29 U.S.C. § 1453 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/s1453 data/legal/raw/us/code/title-29/usc29.xml c8bf2685f037e06917f864676c93f3b425b9aea723eca0a41b4cd34282a05f5f 123f65eaf0f6719b01d66f4a47cd03d5134b66fbd92ae96d7387b67454b98476 e21eaba3be120288faaa192e8319c12c5958c6a7f35030795bce2e3c85cf2387 2026-07-04 official
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29 U.S.C. § 1453 - Election of plan status

Text

(a) Authority, time, and criteria Within one year after September 26, 1980, a multiemployer plan may irrevocably elect, pursuant to procedures established by the corporation, that the plan shall not be treated as a multiemployer plan for any purpose under this chapter or the Internal Revenue Code of 1954, if for each of the last 3 plan years ending prior to the effective date of the Multiemployer Pension Plan Amendments Act of 1980—

(1) the plan was not a multiemployer plan because the plan was not a plan described in section 1002(37)(A)(iii) of this title and section 414(f)(1)(C) of title 26 (as such provisions were in effect on the day before September 26, 1980); and

(2) the plan had been identified as a plan that was not a multiemployer plan in substantially all its filings with the corporation, the Secretary of Labor and the Secretary of the Treasury.

(b) Requirements An election described in subsection (a) shall be effective only if—

(1) the plan is amended to provide that it shall not be treated as a multiemployer plan for all purposes under this chapter and the Internal Revenue Code of 1954, and

(2) written notice of the amendment is provided to the corporation within 60 days after the amendment is adopted.

(c) Effective date An election described in subsection (a) shall be treated as being effective as of September 26, 1980.

(Pub. L. 93406, title IV, § 4303, as added Pub. L. 96364, title I, § 108(f), Sept. 26, 1980, 94 Stat. 1270.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsecs. (a) and (b)(1), was in the original “this Act”, meaning Pub. L. 93406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. The Internal Revenue Code of 1954, referred to in subsecs. (a) and (b)(1), was redesignated the Internal Revenue Code of 1986 by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, and is classified to Title 26, Internal Revenue Code. For the effective date of the Multiemployer Pension Plan Amendments Act of 1980, referred to in subsec. (a), see section 1461(e) of this title.