26 USC 413 - Collectively bargained plans, etc.

U.S Code last checked for updates: Apr 28, 2024

§ 413.

Collectively bargained plans, etc.

(a)

Application of subsection (b)

Subsection (b) applies to—

(1)

a plan maintained pursuant to an agreement which the Secretary of Labor finds to be a collective-bargaining agreement between employee representatives and one or more employers, and

(2)

each trust which is a part of such plan.

(b)

General rule

If this subsection applies to a plan, notwithstanding any other provision of this title—

(1)

Participation

(2)

Discrimination, etc.

(3)

Exclusive benefit

(4)

Vesting

(5)

Funding

(6)

Liability for funding tax

For a plan year the liability under section 4971 of each employer who is a party to the collective bargaining agreement shall be determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary—

(A)

first on the basis of their respective delinquencies in meeting required employer contributions under the plan, and

(B)

then on the basis of their respective liabilities for contributions under the plan.

For purposes of this subsection and section 4971(e), an employer’s withdrawal liability under part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 shall not be treated as a liability for contributions under the plan.

(7)

Deduction limitations

(8)

Employees of labor unions

(9)

Plans covering a professional employee

(c)

Plans maintained by more than one employer

In the case of a plan maintained by more than one employer—

(1)

Participation

(2)

Exclusive benefit

(3)

Vesting

(4)

Funding

(A)

In general

(B)

Other plans

(5)

Liability for funding tax

For a plan year the liability under section 4971 of each employer who maintains the plan shall be determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary—

(A)

first on the basis of their respective delinquencies in meeting required employer contributions under the plan, and

(B)

then on the basis of their respective liabilities for contributions under the plan.

(6)

Deduction limitations

(A)

In general

(B)

Other plans

(i)

In general

(ii)

Special rule

(7)

Allocations

(A)

In general

(B)

Assets and liabilities of plan

(d)

CSEC plans

Notwithstanding any other provision of this section, in the case of a CSEC plan—

(1)

Funding

(2)

Application of provisions

(3)

Deduction limitations

(4)

Allocations

(e)

Application of qualification requirements for certain multiple employer plans with pooled plan providers

(1)

In general

Except as provided in paragraph (2), if a defined contribution plan to which subsection (c) applies—

(A)

is maintained by employers which have a common interest other than having adopted the plan, or

(B)

in the case of a plan not described in subparagraph (A), has a pooled plan provider,

then the plan shall not be treated as failing to meet the requirements under this title applicable to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, merely because one or more employers of employees covered by the plan fail to take such actions as are required of such employers for the plan to meet such requirements.

(2)

Limitations

(A)

In general

Paragraph (1) shall not apply to any plan unless the terms of the plan provide that in the case of any employer in the plan failing to take the actions described in paragraph (1)—

(i)

the assets of the plan attributable to employees of such employer (or beneficiaries of such employees) will be transferred to a plan maintained only by such employer (or its successor), to an eligible retirement plan as defined in section 402(c)(8)(B) for each individual whose account is transferred, or to any other arrangement that the Secretary determines is appropriate, unless the Secretary determines it is in the best interests of the employees of such employer (and the beneficiaries of such employees) to retain the assets in the plan, and

(ii)

such employer (and not the plan with respect to which the failure occurred or any other employer in such plan) shall, except to the extent provided by the Secretary, be liable for any liabilities with respect to such plan attributable to employees of such employer (or beneficiaries of such employees).

(B)

Failures by pooled plan providers

(3)

Pooled plan provider

(A)

In general

For purposes of this subsection, the term “pooled plan provider” means, with respect to any plan, a person who—

(i)

is designated by the terms of the plan as a named fiduciary (within the meaning of section 402(a)(2) of the Employee Retirement Income Security Act of 1974), as the plan administrator, and as the person responsible to perform all administrative duties (including conducting proper testing with respect to the plan and the employees of each employer in the plan) which are reasonably necessary to ensure that—

(I)

the plan meets any requirement applicable under the Employee Retirement Income Security Act of 1974 or this title to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, and

(II)

each employer in the plan takes such actions as the Secretary or such person determines are necessary for the plan to meet the requirements described in subclause (I), including providing to such person any disclosures or other information which the Secretary may require or which such person otherwise determines are necessary to administer the plan or to allow the plan to meet such requirements,

(ii)

registers as a pooled plan provider with the Secretary, and provides such other information to the Secretary as the Secretary may require, before beginning operations as a pooled plan provider,

(iii)

acknowledges in writing that such person is a named fiduciary (within the meaning of section 402(a)(2) of the Employee Retirement Income Security Act of 1974), and the plan administrator, with respect to the plan, and

(iv)

is responsible for ensuring that all persons who handle assets of, or who are fiduciaries of, the plan are bonded in accordance with section 412 of the Employee Retirement Income Security Act of 1974.

(B)

Audits, examinations and investigations

(C)

Aggregation rules

(D)

Treatment of employers as plan sponsors

(4)

Guidance

(A)

In general

The Secretary shall issue such guidance as the Secretary determines appropriate to carry out this subsection, including guidance—

(i)

to identify the administrative duties and other actions required to be performed by a pooled plan provider under this subsection,

(ii)

which describes the procedures to be taken to terminate a plan which fails to meet the requirements to be a plan described in paragraph (1), including the proper treatment of, and actions needed to be taken by, any employer in the plan and the assets and liabilities of the plan attributable to employees of such employer (or beneficiaries of such employees), and

(iii)

identifying appropriate cases to which the rules of paragraph (2)(A) will apply to employers in the plan failing to take the actions described in paragraph (1).

The Secretary shall take into account under clause (iii) whether the failure of an employer or pooled plan provider to provide any disclosures or other information, or to take any other action, necessary to administer a plan or to allow a plan to meet requirements applicable to the plan under section 401(a) or 408, whichever is applicable, has continued over a period of time that demonstrates a lack of commitment to compliance.

(B)

Good faith compliance with law before guidance

(5)

Model plan

(Added Pub. L. 93–406, title II, § 1014, Sept. 2, 1974, 88 Stat. 924; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–364, title II, § 208(d), Sept. 26, 1980, 94 Stat. 1290; Pub. L. 100–647, title I, § 1011(h)(10), title VI, § 6058(a)–(c), Nov. 10, 1988, 102 Stat. 3466, 3698, 3699; Pub. L. 101–508, title XI, § 11704(a)(4), Nov. 5, 1990, 104 Stat. 1388–518; Pub. L. 113–97, title II, § 202(b), Apr. 7, 2014, 128 Stat. 1134; Pub. L. 115–141, div. U, title IV, § 401(a)(86), Mar. 23, 2018, 132 Stat. 1188; Pub. L. 116–94, div. O, title I, § 101(a)(1), (2), Dec. 20, 2019, 133 Stat. 3138, 3141.)

cite as: 26 USC 413