withdrawal liability payment fund
Defined in 1 place of the United States Code.
For purposes of this section, the term “withdrawal liability payment fund”, and the term “fund”, mean a trust which—
(1) is established and maintained under section 501(c)(22) of title 26,
(2) maintains agreements which cover a substantial portion of the participants who are in multiemployer plans which (under the rules of the trust instrument) are eligible to participate in the fund,
(3) is funded by amounts paid by the plans which participate in the fund, and
(4) is administered by a Board of Trustees, and in the administration of the fund there is equal representation of—
(A) trustees representing employers who are obligated to contribute to the plans participating in the fund, and
(B) trustees representing employees who are participants in plans which participate in the fund.
Source
- 2013–present29 U.S.C. § 1403Labor · Withdrawal liability payment fund · for purposes of this section
For purposes of this section, the term "withdrawal liability payment fund", and the term "fund", mean a trust which—
(1) is established and maintained under section 501(c)(22) of title 26,
(2) maintains agreements which cover a substantial portion of the participants who are in multiemployer plans which (under the rules of the trust instrument) are eligible to participate in the fund,
(3) is funded by amounts paid by the plans which participate in the fund, and
(4) is administered by a Board of Trustees, and in the administration of the fund there is equal representation of—
(A) trustees representing employers who are obligated to contribute to the plans participating in the fund, and
(B) trustees representing employees who are participants in plans which participate in the fund.
(1) If an employer withdraws from a plan which participates in a withdrawal liability payment fund, then, to the extent provided in the trust, the fund shall pay to that plan—
(A) the employer's unattributable liability,
(B) the employer's withdrawal liability payments which would have been due but for section 1388, 1389, 1399, or 1405 of this title,1
(C) the employer's withdrawal liability payments to the extent they are uncollectible.
(2) The fund may provide for the payment of the employer's attributable liability if the fund—
(A) provides for the payment of both the attributable and the unattributable liability of the employer in a single payment, and
(B) is subrogated to all rights of the plan against the employer.
(3) For purposes of this section, the term—
Source
- 2022–202329 U.S.C. § 1403Labor · Withdrawal liability payment fund · for purposes of this section
For purposes of this section, the term "withdrawal liability payment fund", and the term "fund", mean a trust which—
(1) is established and maintained under section 501(c)(22) of title 26,
(2) maintains agreements which cover a substantial portion of the participants who are in multiemployer plans which (under the rules of the trust instrument) are eligible to participate in the fund,
(3) is funded by amounts paid by the plans which participate in the fund, and
(4) is administered by a Board of Trustees, and in the administration of the fund there is equal representation of—
(A) trustees representing employers who are obligated to contribute to the plans participating in the fund, and
(B) trustees representing employees who are participants in plans which participate in the fund.
(1) If an employer withdraws from a plan which participates in a withdrawal liability payment fund, then, to the extent provided in the trust, the fund shall pay to that plan—
(A) the employer's unattributable liability,
(B) the employer's withdrawal liability payments which would have been due but for section 1388, 1389, 1399, or 1405 of this title,
(C) the employer's withdrawal liability payments to the extent they are uncollectible.
(2) The fund may provide for the payment of the employer's attributable liability if the fund—
(A) provides for the payment of both the attributable and the unattributable liability of the employer in a single payment, and
(B) is subrogated to all rights of the plan against the employer.
(3) For purposes of this section, the term—
Source
- 1994–202229 U.S.C. § 1403Labor · Withdrawal liability payment fund · for purposes of this section