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29 U.S.C. § 1453

Title 29 Chapter 18 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
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§ 1453. Election of plan status

  • (a) Within one year after September 26, 1980 , a multiemployer plan may irrevocably elect, pursuant to procedures established by the corporation, that the plan shall not be treated as a multiemployer plan for any purpose under this chapter or the Internal Revenue Code of 1954, if for each of the last 3 plan years ending prior to the effective date of the Multiemployer Pension Plan Amendments Act of 1980—
    • (1) the plan was not a multiemployer plan because the plan was not a plan described in section 1002(37)(A)(iii) of this title and section 414(f)(1)(C) of title 26 (as such provisions were in effect on the day before September 26, 1980 ); and
    • (2) the plan had been identified as a plan that was not a multiemployer plan in substantially all its filings with the corporation, the Secretary of Labor and the Secretary of the Treasury.
  • (b) An election described in subsection (a) shall be effective only if—
    • (1) the plan is amended to provide that it shall not be treated as a multiemployer plan for all purposes under this chapter and the Internal Revenue Code of 1954, and
    • (2) written notice of the amendment is provided to the corporation within 60 days after the amendment is adopted.
  • (c) An election described in subsection (a) shall be treated as being effective as of September 26, 1980 .

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