§ 1301.
(a)
For purposes of this subchapter, the term—
(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;
(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)
Repealed. [Pub. L. 113–235, div. O, title I, § 108(a)(3)(A)], Dec. 16, 2014, [128 Stat. 2787].
(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 for which demand has been made, valued in accordance with regulations prescribed by the corporation;
(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;
(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
(21)
“affected party” means, with respect to a plan—
(A)
each participant in the plan,
(C)
each employee organization representing participants in the plan, and
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.
([Pub. L. 93–406, title IV, § 4001], Sept. 2, 1974, [88 Stat. 1003]; [Pub. L. 96–364, title IV, § 402(a)(1)], Sept. 26, 1980, [94 Stat. 1296]; [Pub. L. 99–272, title XI, § 11004], Apr. 7, 1986, [100 Stat. 238]; [Pub. L. 100–203, title IX], §§ 9312(b)(4), (5), 9313(a)(2)(F), Dec. 22, 1987, [101 Stat. 1330–363], 1330–365; [Pub. L. 101–239, title VII, § 7891(a)(1)], Dec. 19, 1989, [103 Stat. 2445]; [Pub. L. 102–229, title II, § 214], Dec. 12, 1991, [105 Stat. 1718]; [Pub. L. 103–465, title VII, § 761(a)(11)], Dec. 8, 1994, [108 Stat. 5034]; [Pub. L. 109–280, title I, § 108(b)(1)], formerly § 107(b)(1), Aug. 17, 2006, [120 Stat. 819], renumbered [Pub. L. 111–192, title II, § 202(a)], June 25, 2010, [124 Stat. 1297]; [Pub. L. 113–235, div. O, title I, § 108(a)(3)(A)], Dec. 16, 2014, [128 Stat. 2787].)