U.S. Code > Title 29 Labor > CHAPTER 18—EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM (§§ 1001—1461) > SUBCHAPTER III—PLAN TERMINATION INSURANCE (§§ 1301—1461) > Subtitle A—Pension Benefit Guaranty Corporation (§§ 1301—1311) > § 1301. Definitions

§ 1301. Definitions

(a) For purposes of this subchapter, the term—
(1) “administrator” means the person or persons described in paragraph (16) of section 1002 of this title;
(2) “substantial employer”, for any plan year of a single-employer plan, means one or more persons—
(A) who are contributing sponsors of the plan in such plan year,
(B) who, at any time during such plan year, are members of the same controlled group, and
(C) whose required contributions to the plan for each plan year constituting one of—
(i) the two immediately preceding plan years, or
(ii) the first two of the three immediately preceding plan years,
total an amount greater than or equal to 10 percent of all contributions required to be paid to or under the plan for such plan year;
(3) “multiemployer plan” means a plan—
(A) to which more than one employer is required to contribute,
(B) which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer, and
(C) which satisfies such other requirements as the Secretary of Labor may prescribe by regulation,
except that, in applying this paragraph—
(i) a plan shall be considered a multiemployer plan on and after its termination date if the plan was a multiemployer plan under this paragraph for the plan year preceding such termination, and
(ii) for any plan year which began before September 26, 1980, the term “multiemployer plan” means a plan described in section 414 (f) of title 26 as in effect immediately before such date;
(4) “corporation”, except where the context clearly requires otherwise, means the Pension Benefit Guaranty Corporation established under section 1302 of this title;
(5) “fund” means the appropriate fund established under section 1305 of this title;
(6) “basic benefits” means benefits guaranteed under section 1322 of this title (other than under section 1322 (c) [1] of this title), or under section 1322a of this title (other than under section 1322a (g) of this title);
(7) “non-basic benefits” means benefits guaranteed under section 1322 (c) [1] of this title or 1322a(g) of this title;
(8) “nonforfeitable benefit” means, with respect to a plan, a benefit for which a participant has satisfied the conditions for entitlement under the plan or the requirements of this chapter (other than submission of a formal application, retirement, completion of a required waiting period, or death in the case of a benefit which returns all or a portion of a participant’s accumulated mandatory employee contributions upon the participant’s death), whether or not the benefit may subsequently be reduced or suspended by a plan amendment, an occurrence of any condition, or operation of this chapter or title 26;
(9) “reorganization index” means the amount determined under section 1421 (b) of this title;
(10) “plan sponsor” means, with respect to a multiemployer plan—
(A) the plan’s joint board of trustees, or
(B) if the plan has no joint board of trustees, the plan administrator;
(11) “contribution base unit” means a unit with respect to which an employer has an obligation to contribute under a multiemployer plan, as defined in regulations prescribed by the Secretary of the Treasury;
(12) “outstanding claim for withdrawal liability” means a plan’s claim for the unpaid balance of the liability determined under part 1 of subtitle E of this subchapter for which demand has been made, valued in accordance with regulations prescribed by the corporation;
(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]
(14) in the case of a single-employer plan—
(A) “controlled group” means, in connection with any person, a group consisting of such person and all other persons under common control with such person;
(B) the determination of whether two or more persons are under “common control” shall be made under regulations of the corporation which are consistent and coextensive with regulations prescribed for similar purposes by the Secretary of the Treasury under subsections (b) and (c) of section 414 of title 26; and
(C)
(i) notwithstanding any other provision of this subchapter, during any period in which an individual possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of an affected air carrier of which he was an accountable owner, whether through the ownership of voting securities, by contract, or otherwise, the affected air carrier shall be considered to be under common control not only with those persons described in subparagraph (B), but also with all related persons; and
(ii) for purposes of this subparagraph, the term—
(I) “affected air carrier” means an air carrier, as defined in section 40102 (a)(2) of title 49, that holds a certificate of public convenience and necessity under section 41102 of title 49 for route number 147, as of November 12, 1991;
(II) “related person” means any person which was under common control (as determined under subparagraph (B)) with an affected air carrier on October 10, 1991, or any successor to such related person;
(III) “accountable owner” means any individual who on October 10, 1991, owned directly or indirectly through the application of section 318 of title 26 more than 50 percent of the total voting power of the stock of an affected air carrier;
(IV) “successor” means any person that acquires, directly or indirectly through the application of section 318 of title 26, more than 50 percent of the total voting power of the stock of a related person, more than 50 percent of the total value of the securities (as defined in section 1002 (20) of this title) of the related person, more than 50 percent of the total value of the assets of the related person, or any person into which such related person shall be merged or consolidated; and
(V) “individual” means a living human being;
(15) “single-employer plan” means any defined benefit plan (as defined in section 1002 (35) of this title) which is not a multiemployer plan;
(16) “benefit liabilities” means the benefits of employees and their beneficiaries under the plan (within the meaning of section 401 (a)(2) of title 26);
(17) “amount of unfunded guaranteed benefits”, of a participant or beneficiary as of any date under a single-employer plan, means an amount equal to the excess of—
(A) the actuarial present value (determined as of such date on the basis of assumptions prescribed by the corporation for purposes of section 1344 of this title) of the benefits of the participant or beneficiary under the plan which are guaranteed under section 1322 of this title, over
(B) the current value (as of such date) of the assets of the plan which are required to be allocated to those benefits under section 1344 of this title;
(18) “amount of unfunded benefit liabilities” means, as of any date, the excess (if any) of—
(A) the value of the benefit liabilities under the plan (determined as of such date on the basis of assumptions prescribed by the corporation for purposes of section 1344 of this title), over
(B) the current value (as of such date) of the assets of the plan;
(19) “outstanding amount of benefit liabilities” means, with respect to any plan, the excess (if any) of—
(A) the value of the benefit liabilities under the plan (determined as of the termination date on the basis of assumptions prescribed by the corporation for purposes of section 1344 of this title), over
(B) the value of the benefit liabilities which would be so determined by only taking into account benefits which are guaranteed under section 1322 of this title or to which assets of the plan are allocated under section 1344 of this title;
(20) “person” has the meaning set forth in section 1002 (9) of this title;
(21) “affected party” means, with respect to a plan—
(A) each participant in the plan,
(B) each beneficiary under the plan who is a beneficiary of a deceased participant or who is an alternate payee (within the meaning of section 1056 (d)(3)(K) of this title) under an applicable qualified domestic relations order (within the meaning of section 1056 (d)(3)(B)(i) of this title),
(C) each employee organization representing participants in the plan, and
(D) the corporation,
except that, in connection with any notice required to be provided to the affected party, if an affected party has designated, in writing, a person to receive such notice on behalf of the affected party, any reference to the affected party shall be construed to refer to such person.
(b)
(1) An individual who owns the entire interest in an unincorporated trade or business is treated as his own employer, and a partnership is treated as the employer of each partner who is an employee within the meaning of section 401 (c)(1) of title 26. For purposes of this subchapter, under regulations prescribed by the corporation, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a single employer and all such trades and businesses as a single employer. The regulations prescribed under the preceding sentence shall be consistent and coextensive with regulations prescribed for similar purposes by the Secretary of the Treasury under section 414 (c) of title 26.
(2) For purposes of subtitle E of this subchapter—
(A) except as otherwise provided in subtitle E of this subchapter, 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
(B) the term “Secretary of the Treasury” means the Secretary of the Treasury or such Secretary’s delegate.

[1] See References in Text note below.

[2] So in original. The period probably should be a semicolon.

[3] See References in Text note below.