29 U.S.C. § 1400
Section 1400 · Approval of amendments
This is § 4220 of the Employee Retirement Income Security Act of 1974
Amended 1 time on record
Applied in 6 court decisions — leading case 293 F. App'x 912 - Sinan L. v. School District of Philadelphia (2008)
Most recently applied in 581 F. App'x 141 - Jean Coleman v. Pottstown School District (September 2014)
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.
Except as provided in subsection (b) of this section, if an amendment to a multiemployer plan authorized by any preceding section of this part is adopted more than 36 months after the effective date of this section, the amendment shall be effective only if the corporation approves the amendment, or, within 90 days after the corporation receives notice and a copy of the amendment from the plan sponsor, fails to disapprove the amendment.
An amendment permitted by section 1391(c)(5) of this title may be adopted only in accordance with that section.
The corporation shall disapprove an amendment referred to in subsection (a) or (b) of this section only if the corporation determines that the amendment creates an unreasonable risk of loss to plan participants and beneficiaries or to the corporation.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
For the effective date of this section, referred to in subsec. (a), see 1461(e)(2) of this title.