§1405. Limitation on withdrawal liability — Inbound Citations

Citations to 29 U.S.C. § 1405 as a whole

• 29 U.S.C. § 1381(b)(1)(D)

  Go to provision →
  (D) finally, in accordance with section 1405 of this title.
• 29 U.S.C. § 1386(a)

  Go to provision →
  (a) The amount of an employer’s liability for a partial withdrawal, before the application of sections 1399(c)(1) and 1405 of this title, is equal to the product of—

  (1) the amount determined under section 1391 of this title, and adjusted under section 1389 of this title if appropriate, determined as if the employer had withdrawn from the plan in a complete withdrawal—

  (A) on the date of the partial withdrawal, or

  (B) in the case of a partial withdrawal described in section 1385(a)(1) of this title (relating to 70-percent contribution decline), on the last day of the first plan year in the 3-year testing period,

  multiplied by

  (2) a fraction which is 1 minus a fraction—

  (A) the numerator of which is the employer’s contribution base units for the plan year following the plan year in which the partial withdrawal occurs, and

  (B) the denominator of which is the average of the employer’s contribution base units for—

  (i) except as provided in clause (ii), the 5 plan years immediately preceding the plan year in which the partial withdrawal occurs, or

  (ii) in the case of a partial withdrawal described in section 1385(a)(1) of this title (relating to 70-percent contribution decline), the 5 plan years immediately preceding the beginning of the 3-year testing period.
• 29 U.S.C. § 1391(b)(4)(B)(ii)

  Go to provision →
  (ii) any amount which the plan sponsor determines in that plan year will not be assessed as a result of the operation of section 1389, 1399(c)(1)(B), or 1405 of this title against an employer to whom a notice described in section 1399 of this title has been sent, and
• 29 U.S.C. § 1391(d)(2)

  Go to provision →
  (2) Sections 1384, 1389, 1399(c)(1)(B), and 1405 of this title shall not apply with respect to the withdrawal of an employer from a plan described in paragraph (1) unless the plan is amended to provide that any of such sections apply.
• 29 U.S.C. § 1401(a)(3)(A)

  Go to provision →
  (A) For purposes of any proceeding under this section, any determination made by a plan sponsor under sections 1381 through 1399 of this title and section 1405 of this title is presumed correct unless the party contesting the determination shows by a preponderance of the evidence that the determination was unreasonable or clearly erroneous.
• 29 U.S.C. § 1403(c)(1)(B)

  Go to provision →
  (B) the employer’s withdrawal liability payments which would have been due but for section 1388, 1389, 1399, or 1405 of this title,¹