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Pension Priority Act

S. 2267 · 115th Congress · Dec 21, 2017 · Lineage

A BILL

To amend title 11, United States Code, to prioritize certain pension claims in bankruptcy, and for other purposes.

Section 1 Short title

This Act may be cited as the “Pension Priority Act”.

Sec. 2 Priorities

(a)
In general— Section 507(a) of title 11, United States Code, is amended—
(1)
by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and
(2)
by inserting after paragraph (7) the following:

“(8) Eighth, allowed unsecured claims (not otherwise subject to higher priority)—

“(A) resulting from the termination of an employee pension benefit plan covered under section 4 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003);

“(B) for withdrawal liability determined under part 1 of subtitle E of title IV of such Act (29 U.S.C. 1381 et seq.);

“(C) for awards pursuant to paragraph (2) of subsection (g) of section 502 of such Act (29 U.S.C. 1132(g)(2));

“(D) for delinquent contributions described in section 515 of such Act (29 U.S.C. 1145) and obligations treated as delinquent obligations under such Act;

“(E) for other obligations owed to an employee pension benefit plan (if the plan is covered under section 4 of such Act (29 U.S.C. 1003)); or

“(F) for other obligations owed to the Pension Benefit Guaranty Corporation.”

(b)
Technical and conforming amendments— Title 11, United States Code, is amended—
(1)
in section 502(i), by striking “507(a)(8)” and inserting “507(a)(9)”;
(2)
in section 503(b)(1)(B)(i), by striking “507(a)(8)” and inserting “507(a)(9)”;
(3)
in section 523(a)(1)(A), by striking “507(a)(8)” and inserting “507(a)(9)”;
(4)
in section 726(b), by striking “(9), or (10)” and inserting “(9), (10), or (11)”;
(5)
in section 1123(a)(1), by striking “507(a)(8)” and inserting “507(a)(9)”; and
(6)
in section 1328(a)(2), by striking “507(a)(8)(C)” and inserting “507(a)(9)(C)”.

Sec. 3 Modification of plan confirmation

Section 1129(a)(9) of title 11, United States Code, is amended—
(1)
in subparagraph (A), by inserting “and” at the end;
(2)
in subparagraph (B)(ii), by striking the semicolon at the end and inserting a period; and
(3)
by striking subparagraphs (C) and (D).