§412. Civil action for infringement of rights; jurisdiction — Inbound Citations
29 U.S.C. § 412
Cited by 5 provisions in release 119-102.
Citations to 29 U.S.C. § 412 as a whole
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It shall be unlawful for any labor organization, or any officer, agent, shop steward, or other representative of a labor organization, or any employee thereof to fine, suspend, expel, or otherwise discipline any of its members for exercising any right to which he is entitled under the provisions of this chapter. The provisions of section 412 of this title shall be applicable in the enforcement of this section.
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(13) “contributing sponsor”, of a single-employer plan, means a person described in section 1082(b)(1) of this title (without regard to section 1082(b)(2) of this title) or section 412(b)(1) of title 26 (without regard to section 412(b)(2) of such title).2
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(A) except as otherwise provided in subtitle E, contributions or other payments shall be considered made under a plan for a plan year if they are made within the period prescribed under section 412(c)(10)3 of title 26 (determined, in the case of a terminated plan, as if the plan had continued beyond the termination date), and
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(A) As soon as practicable after the date on which the notice of intent to terminate is provided pursuant to subsection (a)(2), the plan administrator shall send a notice to the corporation setting forth—(i) certification by an enrolled actuary—(I) of the projected amount of the assets of the plan (as of a proposed date of final distribution of assets),(II) of the actuarial present value (as of such date) of the benefit liabilities (determined as of the proposed termination date) under the plan, and(III) that the plan is projected to be sufficient (as of such proposed date of final distribution) for such benefit liabilities,(ii) such information as the corporation may prescribe in regulations as necessary to enable the corporation to make determinations under subparagraph (C), and(iii) certification by the plan administrator that—(I) the information on which the enrolled actuary based the certification under clause (i) is accurate and complete, and(II) the information provided to the corporation under clause (ii) is accurate and complete.Clause (i) and clause (iii)(I) shall not apply to a plan described in section 412(i)1 of title 26.
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(A) As soon as practicable after the date on which the notice of intent to terminate is provided pursuant to subsection (a)(2), the plan administrator shall provide the corporation, in such form as may be prescribed by the corporation in regulations, the following information:(i) such information as the corporation may prescribe by regulation as necessary to make determinations under subparagraph (B) and paragraph (3);(ii) unless the corporation determines the information is not necessary for purposes of paragraph (3)(A) or section 1362 of this title, certification by an enrolled actuary of—(I) the amount (as of the proposed termination date and, if applicable, the proposed distribution date) of the current value of the assets of the plan,(II) the actuarial present value (as of such dates) of the benefit liabilities under the plan,(III) whether the plan is sufficient for benefit liabilities as of such dates,(IV) the actuarial present value (as of such dates) of benefits under the plan guaranteed under section 1322 of this title, and(V) whether the plan is sufficient for guaranteed benefits as of such dates;(iii) in any case in which the plan is not sufficient for benefit liabilities as of such date—(I) the name and address of each participant and beneficiary under the plan as of such date, and(II) such other information as shall be prescribed by the corporation by regulation as necessary to enable the corporation to be able to make payments to participants and beneficiaries as required under section 1322(c) of this title; and(iv) certification by the plan administrator that—(I) the information on which the enrolled actuary based the certifications under clause (ii) is accurate and complete, and(II) the information provided to the corporation under clauses (i) and (iii) is accurate and complete.Clause (ii) and clause (iv)(I) shall not apply to a plan described in section 412(i)1 of title 26.