ERISA § 4261 (29 U.S.C. § 1431)

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Assistance by corporation

USC 2013 ed., current through 2014-01-16 · superseded Jan 6, 2017 · last amended by Pub. L. 96-364

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(a) Authority; procedure applicable; amount If, upon receipt of an application for financial assistance under section 1426(f) of this title or section 1441(d) of this title, the corporation verifies that the plan is or will be insolvent and unable to pay basic benefits when due, the corporation shall provide the plan financial assistance in an amount sufficient to enable the plan to pay basic benefits under the plan.

(b) Conditions; repayment terms

(1) Financial assistance shall be provided under such conditions as the corporation determines are equitable and are appropriate to prevent unreasonable loss to the corporation with respect to the plan.

(2) A plan which has received financial assistance shall repay the amount of such assistance to the corporation on reasonable terms consistent with regulations prescribed by the corporation.

(c) Assistance pending final determination of application Pending determination of the amount described in subsection (a) of this section, the corporation may provide financial assistance in such amounts as it considers appropriate in order to avoid undue hardship to plan participants and beneficiaries.

Source credit, amendments & notes

(Pub. L. 93–406, title IV, §4261, as added Pub. L. 96–364, title I, §104(2), Sept. 26, 1980, 94 Stat. 1261.)

Effective Date

Part effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

ERISA § 4261 (29 U.S.C. § 1431) — Assistance by corporation · USC 2013 ed., current through 2014-01-16 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1431&asof=1995-01-04 · printed Oct 16, 2026

Cited by (code & regs)

ERISA § 4245 (29 U.S.C. § 1426) Insolvent plans
29 C.F.R. § 4903.18 Will a debtor who owes a debt to PBGC or another …
ERISA § 4262 (29 U.S.C. § 1432) Special financial assistance by the corporation
ERISA § 4006 (29 U.S.C. § 1306) Premium rates
ERISA § 4007 (29 U.S.C. § 1307) Payment of premiums
ERISA § 4022A (29 U.S.C. § 1322a) Multiemployer plan benefits guaranteed
ERISA § 4005 (29 U.S.C. § 1305) Pension benefit guaranty funds
ERISA § 4231 (29 U.S.C. § 1411) Mergers and transfers between multiemployer plans

PBGC Regulations

29 C.F.R. § 4261.1 Cross-reference.

Guidance addressing this section

No documents are primarily about this section.

Also cited in 3 other documents

PBGC

Final Rules

75 FR 68203 Nov 5, 2010 — Debt Collection

Proposed Rules

75 FR 42662Proposed Jul 22, 2010 — Debt Collection Comments due Sep 20, 2010

Opinion Letters

PBGC Op. Ltr. 2002-1 Dec 10, 2002 — Termination, Restoration

No court rulings in the library cite this provision yet.

No private letter rulings in the library cite this provision yet.

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.

Effective	Through	Source	Amended by
Jan 4, 1995	Jan 5, 2017	USC 2013 ed., current through 2014-01-16 run 13	Pub. L. 96-364	View
Jan 6, 2017	current	USC 2024 ed., current through 2025-01-06 run 1	Pub. L. 96-364	View · Redline (sign in)

Provision-level history (blame)