Brief Case

29 C.F.R. § 4001.3

Trades or businesses under common control; controlled groups.
eCFR amendment effective 2017-01-01 · current
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For purposes of title IV of ERISA:
(a)
(1) The PBGC will determine that trades and businesses (whether or not incorporated) are under common control if they are “two or more trades or businesses under common control”, as defined in regulations prescribed under section 414(c) of the Code.
(2) The PBGC will determine that 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 shall be treated as a single employer.
(3) 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 the Code.
(b) In the case of a single-employer plan:
(1) In connection with any person, a controlled group consists of that person and all other persons under common control with such person.
(2) Persons are under common control if they are members of a “controlled group of corporations”, as defined in regulations prescribed under section 414(b) of the Code, or if they are “two or more trades or businesses under common control”, as defined in regulations prescribed under section 414(c) of the Code.
29 C.F.R. § 4001.3 — Trades or businesses under common control; controlled groups. · eCFR amendment effective 2017-01-01 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4001.3&asof=2015-01-05 · printed Oct 16, 2026
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  • (a) (a)
  • (b) (b) In the case of a single-employer plan:
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Also cited in 2 other documents
PBGC
Final Rules
  • 85 FR 6046 Feb 4, 2020 — Miscellaneous Corrections, Clarifications, and Improvements
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Also cite this provision (1)
  • PLR 200648028 Dec 1, 2006 — Definitions and Special Rules UIL 414.00-00

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