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LegalText 29 U.S.C. § 1398 Withdrawal not to occur because of change in business form or suspension of contributions during labor dispute us united_states_code code_section 29 LABOR 18 EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM 1398 29 U.S.C. § 1398 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/s1398 data/legal/raw/us/code/title-29/usc29.xml 1f821c5e94e17a4e976f6ea60a8bfdd12681b9057f9e5c04728faa195684c565 123f65eaf0f6719b01d66f4a47cd03d5134b66fbd92ae96d7387b67454b98476 8d6a845efcd7e64e37c7b7168f656eb48445e49ce6547d85c26c13799ad42c66 2026-07-04 official
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29 U.S.C. § 1398 - Withdrawal not to occur because of change in business form or suspension of contributions during labor dispute

Text

Notwithstanding any other provision of this part, an employer shall not be considered to have withdrawn from a plan solely because—

(1) an employer ceases to exist by reason of—

(A) a change in corporate structure described in section 1369(b) of this title, or

(B) a change to an unincorporated form of business enterprise,

if the change causes no interruption in employer contributions or obligations to contribute under the plan, or

(2) an employer suspends contributions under the plan during a labor dispute involving its employees.

For purposes of this part, a successor or parent corporation or other entity resulting from any such change shall be considered the original employer.

(Pub. L. 93406, title IV, § 4218, as added Pub. L. 96364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1236; amended Pub. L. 99514, title XVIII, § 1879(u)(4), as added Pub. L. 101239, title VII, § 7862(b)(1)(C), Dec. 19, 1989, 103 Stat. 2432; Pub. L. 101239, title VII, § 7893(f), Dec. 19, 1989, 103 Stat. 2447.)

Notes

Editorial Notes

Amendments1989—Par. (1)(A). Pub. L. 101239, § 7893(f), made identical amendment to that of Pub. L. 99514, § 1879(u)(4), as added by Pub. L. 101239, § 7862(b)(1)(C), see below. Pub. L. 101239, § 7862(b)(1)(C), added Pub. L. 99514, § 1879(u)(4), see 1986 Amendment note below. 1986—Par. (1)(A). Pub. L. 99514, § 1879(u)(4), as added by Pub. L. 101239, § 7862(b)(1)(C), substituted “section 1369(b) of this title” for “section 1362(d) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 AmendmentAmendment by section 7862(b)(1)(C) of Pub. L. 101239 effective as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99514, to which such amendment relates, see section 7863 of Pub. L. 101239, set out as a note under section 106 of Title 26, Internal Revenue Code. Amendment by section 7893(f) of Pub. L. 101239 effective as if included in the provision of the Single-Employer Pension Plan Amendments Act of 1986, Pub. L. 99272, title XI, to which such amendment relates, see section 7893(h) of Pub. L. 101239, set out as a note under section 1002 of this title.

Plan Amendments Not Required Until January 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 11011147 and 11711177] or title XVIII [§§ 18001899A] of Pub. L. 99514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.