Brief Case

ERISA § 305A (29 U.S.C. § 1085a)

Minimum funding standards
USC 1994 ed., current through 1995-01-04 · superseded Jan 8, 2008 · last amended by Pub. L. 101-239
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Historical text in effect Jan 4, 1995 through Jan 7, 2008. View current · Compare with current
(a) Security may be required
(1) In general Except as provided in subsection (c) of this section, the Secretary of the Treasury may require an employer maintaining a defined benefit plan which is a single-employer plan (within the meaning of section 1301(a)(15) of this title) to provide security to such plan as a condition for granting or modifying a waiver under section 1083 of this title or an extension under section 1084 of this title.
(2) Special rules Any security provided under paragraph (1) may be perfected and enforced only by the Pension Benefit Guaranty Corporation or, at the direction of the Corporation, by a contributing sponsor (within the meaning of section 1301(a)(13) of this title) or a member of such sponsor's controlled group (within the meaning of section 1301(a)(14) of this title).
(b) Consultation with the Pension Benefit Guaranty Corporation Except as provided in subsection (c) of this section, the Secretary of the Treasury shall, before granting or modifying a waiver under section 1083 of this title or an extension under section 1084 of this title with respect to a plan described in subsection (a)(1) of this section—
(1) provide the Pension Benefit Guaranty Corporation with—
(A) notice of the completed application for any waiver, extension, or modification, and
(B) an opportunity to comment on such application within 30 days after receipt of such notice, and
(2) consider—
(A) any comments of the Corporation under paragraph (1)(B), and
(B) any views of any employee organization representing participants in the plan which are submitted in writing to the Secretary of the Treasury in connection with such application.
Information provided to the corporation under this subsection shall be considered tax return information and subject to the safeguarding and reporting requirements of section 6103(p) of title 26.
(c) Exception for certain waivers and extensions
(1) In general The preceding provisions of this section shall not apply to any plan with respect to which the sum of—
(A) the outstanding balance of the accumulated funding deficiencies (within the meaning of section 1082(a)(2) of this title and section 412(a) of title 26) of the plan,
(B) the outstanding balance of the amount of waived funding deficiencies of the plan waived under section 1083 of this title or section 412(d) of title 26, and
(C) the outstanding balance of the amount of decreases in the minimum funding standard allowed under section 1084 of this title or section 412(e) of title 26,
is less than $1,000,000.
(2) Accumulated funding deficiencies For purposes of paragraph (1)(A), accumulated funding deficiencies shall include any increase in such amount which would result if all applications for waivers of the minimum funding standard under section 1083 of this title or section 412(d) of title 26 and for extensions of the amortization period under section 1084 of this title or section 412(e) of title 26 which are pending with respect to such plan were denied.
Source credit, amendments & notes

(Pub. L. 93–406, title I, §306, as added Pub. L. 99–272, title XI, §11015(a)(1)(A)(ii), Apr. 7, 1986, 100 Stat. 264; amended Pub. L. 100–203, title IX, §9306(e)(2), Dec. 22, 1987, 101 Stat. 1330–355; Pub. L. 101–239, title VII, §7891(a)(1), Dec. 19, 1989, 103 Stat. 2445.)

Repeal of Section

Pub. L. 109–280, title I, §101(a), (d), Aug. 17, 2006, 120 Stat. 784, 789, provided that, applicable to plan years beginning after 2007, this section is repealed.

Prior Provisions

A prior section 306 of Pub. L. 93–406 was renumbered section 308 and is classified to section 1086 of this title.

Amendments

1989—Subsecs. (b), (c). Pub. L. 101–239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1987—Subsec. (c)(1). Pub. L. 100–203, §9306(e)(2), substituted “$1,000,000” for “$2,000,000”.

Effective Date of Repeal

Repeal applicable to plan years beginning after 2007, see section 101(d) of Pub. L. 109–280, set out as an Effective Date note under section 1082 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 applicable in the case of any application submitted after Dec. 17, 1987, and any waiver granted pursuant to such an application, see section 9306(f) of Pub. L. 100–203, set out as a note under section 412 of Title 26, Internal Revenue Code.

Effective Date

Section 11015(a)(3) of Pub. L. 99–272 provided that: “The amendments made by this subsection [enacting this section and amending section 1061 of this title and section 412 of Title 26, Internal Revenue Code] shall apply with respect to applications for waivers, extensions, and modifications filed on or after the date of the enactment of this Act [Apr. 7, 1986].”

Applicability of Amendments by Subtitles A and B of Title I of Pub. L. 109–280

For special rules on applicability of amendments by subtitles A (§§101–107) and B (§§111–116) of title I of Pub. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Pub. L. 109–280, set out as notes under section 401 of Title 26, Internal Revenue Code.

ERISA § 305A (29 U.S.C. § 1085a) — Minimum funding standards · USC 1994 ed., current through 1995-01-04 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1085a&asof=1995-01-04 · printed Oct 16, 2026
On this page
  • (a) Security may be required
  • (b) Consultation with the Pension Benefit Guaranty Corporation
  • (c) Exception for certain waivers and extensions
Cited by (code & regs)

No regulations are linked to this section in the library.

Guidance addressing this section

No documents are primarily about this section.

Also cited in 19 other documents
PBGC
Proposed Rules
  • 91 FR 45739Proposed Jul 21, 2026 — Penalties for Failure To Provide Certain Notices or Other Material Information Comments due Sep 21, 2026 (g)(4)
  • 90 FR 6894Proposed Jan 21, 2025 — Miscellaneous Corrections, Clarifications, and Improvements Comments due Mar 24, 2025 (c)(8)(B)(i)(c)(8)(B)(ii)(j)(5)(C)
  • 84 FR 30666Proposed Jun 27, 2019 — Miscellaneous Corrections, Clarifications, and Improvements Comments due Aug 26, 2019
Final Rules
IRS / Treasury
Revenue Procedures
  • Rev. Proc. 2017-57 Oct 30, 2017 — This revenue procedure updates Rev. Proc. 2000–41 to take into account the enactment of subsequent legislation. This revenue procedure sets forth the procedure… (c)(5)(B)
Notices
  • Notice 2017-49 Oct 2, 2017 — This notice provides relief in connection with certain employee benefit plans because of damage caused by Hurricanes Harvey and Irma. The relief provided by th… (f)(j)(3)(j)(4)
  • Notice 2015-58 Sep 14, 2015 — This notice provides guidance on certain issues relating to the application of the Cooperative and Small Employer Charity Pension Flexibility Act, Pub. L. No. … (j)(1)(j)(4)
Department of Labor (EBSA)
Final Rules
  • 80 FR 5626 Feb 2, 2015 — Annual Funding Notice for Defined Benefit Plans

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jan 4, 1995Jan 7, 2008USC 1994 ed., current through 1995-01-04 run 49Pub. L. 101-239View
Jan 8, 2008Jan 4, 2015USC 2013 ed., current through 2014-01-16 run 13View · Redline (sign in)
Jan 5, 2015Jan 23, 2020USC 2015 ed., current through 2016-01-03 run 15Pub. L. 113-97View · Redline (sign in)
Jan 24, 2020currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 113-97View · Redline (sign in)
Provision-level history (blame)