29 U.S.C. § 1397
Section 1397 · Application of part in case of certain pre-1980 withdrawals; adjustment of covered plan
This is § 4217 of the Employee Retirement Income Security Act of 1974
Amended 2 times on record
Applied in 15 court decisions — leading case Iam National Pension Fund Plan Benefits v. Clinton Engines Corporation Iam National Pension Fund Benefit Plan a (1987)
Most recently applied in Chicago Truck Drivers Helpers and Warehouse Workers Union Pension Fund v. Louis Zahn Drug Co (December 1989)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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) of this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1984—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).