(b) Notwithstanding the provisions of subsection (a) of this section, the corporation shall pay benefits guaranteed under this subchapter with respect to any plan (1) which is not a multiemployer plan, (2) which terminates after June 30, 1974, and before September 2, 1974, (3) to which section 1321 of this title would apply if that section were effective beginning on July 1, 1974, and (4) with respect to which a notice is filed with the Secretary of Labor and received by him not later than 10 days after September 2, 1974, except that, for reasonable cause shown, such notice may be filed with the Secretary of Labor and received by him not later than October 31, 1974, stating that the plan is a plan described in paragraphs (1), (2), and (3). The corporation shall not pay benefits guaranteed under this subchapter with respect to a plan described in the preceding sentence unless the corporation finds substantial evidence that the plan was terminated for a reasonable business purpose and not for the purpose of obtaining the payment of benefits by the corporation under this subchapter or for the purpose of avoiding the liability which might be imposed under subtitle D of this subchapter if the plan terminated on or after September 2, 1974. The provisions of subtitle D of this subchapter do not apply in the case of such a plan which terminates before September 2, 1974. For purposes of determining whether a plan is a plan described in paragraph (2), the provisions of section 1348 of this title shall not apply, but the corporation shall make the determination on the basis of the date on which benefits ceased to accrue or on any other reasonable basis consistent with the purposes of this subsection. (c)(1) Except as provided in paragraphs (2), (3), and (4), the corporation shall not pay benefits guaranteed under this subchapter with respect to a multiemployer plan which terminates before August 1, 1980. Whenever the corporation exercises the authority granted under paragraph (2) or (3), the corporation shall notify the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives, and the Committee on Labor and Human Resources and the Committee on Finance of the Senate. (2) The corporation may, in its discretion, pay benefits guaranteed under this subchapter with respect to a multiemployer plan which terminates after September 2, 1974 and before August 1, 1980, if (A) the plan was maintained during the 60 months immediately preceding the date on which the plan terminates, and (B) the corporation determines that the payment by the corporation of benefits guaranteed under this subchapter with respect to that plan will not jeopardize the payments the corporation anticipates it may be required to make in connection with benefits guaranteed under this subchapter with respect to multiemployer plans which terminate after July 31, 1980. (3) Notwithstanding any provision of section 1321 or 1322 of this title which would prevent such payments, the corporation, in carrying out its authority under paragraph (2), may pay benefits guaranteed under this subchapter with respect to a multiemployer plan described in paragraph (2) in any case in which those benefits would otherwise not be payable if— (A) the plan has been in effect for at least 5 years, (B) the plan has been in substantial compliance with the funding requirements for a qualified plan with respect to the employees and former employees in those employment units on the basis of which the participating employers have contributed to the plan for the preceding 5 years, and (C) the participating employers and employee organization or organizations had no reasonable recourse other than termination. (4) If the corporation determines, under paragraph (2) or (3), that it will pay benefits guaranteed under this subchapter with respect to a multiemployer plan which terminates before August 1, 1980, the corporation— (A) may establish requirements for the continuation of payments which commenced before January 2, 1974, with respect to retired participants under the plan, (B) may not, notwithstanding any other provision of this subchapter, make payments with respect to any participant under such a plan who, on January 1, 1974, was receiving payment of retirement benefits, in excess of the amounts and rates payable with respect to such participant on that date, (C) may not make any payments with respect to benefits guaranteed under this subchapter in connection with such a plan which are derived, directly or indirectly, from amounts borrowed under section 1305(c) of this title, and (D) shall review from time to time payments made under the authority granted to it by paragraphs (2) and (3), and reduce or terminate such payments to the extent necessary to avoid jeopardizing the ability of the corporation to make payments of benefits guaranteed under this subchapter in connection with multiemployer plans which terminate after July 31, 1980, without increasing premium rates for such plans. (d) Notwithstanding any other provision of this subchapter, guaranteed benefits payable by the corporation pursuant to its discretionary authority under this section shall continue to be paid at the level guaranteed under section 1322 of this title, without regard to any limitation on payment under subparagraph (C) or (D) of subsection (c)(4) of this section. (e)(1) Except as provided in paragraphs (2), (3), and (4), the amendments to this chapter made by the Multiemployer Pension Plan Amendments Act of 1980 shall take effect on September 26, 1980. (2)(A) Except as provided in this paragraph, part 1 of subtitle E of this subchapter, relating to withdrawal liability, takes effect on April 29, 1980. (B) For purposes of determining withdrawal liability under part 1 of subtitle E of this sub chapter, an employer who has withdrawn from a plan shall be considered to have withdrawn from a multiemployer plan if, at the time of the withdrawal, the plan was a multiemployer plan as defined in section 1301(a)(3) of this title as in effect at the time of the withdrawal. (3) Sections 1421 through 1426 of this title, relating to multiemployer plan reorganization, shall take effect, with respect to each plan, on the first day of the first plan year beginning on or after the earlier of— (A) the date on which the last collective bargaining agreement providing for employer contributions under the plan, which was in effect on September 26, 1980, expires, without regard to extensions agreed to on or after September 26, 1980, or (B) 3 years after September 26, 1980. (4) Section 1415 of this title shall take effect on April 29, 1980. (f)(1) In the event that before September 26, 1980, the corporation has determined that— (A) an employer has withdrawn from a multiemployer plan under section 1363 of this title, and (B) the employer is liable to the corporation under such section, the corporation shall retain the amount of liability paid to it or furnished in the form of a bond and shall pay such liability to the plan in the event the plan terminates in accordance with section 1341a(a)(2) of this title before the earlier of April 29, 1985, or the day after the 5year period commencing on the date of such withdrawal. (2) In any case in which the plan is not so terminated within the period described in paragraph (1), the liability of the employer is abated and any payment held in escrow shall be refunded without interest to the employer or the employer's bond shall be cancelled. (g)(1) In any case in which an employer or employers withdrew from a multiemployer plan before the effective date of part 1 of subtitle E of this subchapter, the corporation may (A) apply section 1363(d) of this title, as in effect before the amendments made by the Multiemployer Pension Plan Amendments Act of 1980, to such plan, (B) assess liability against the withdrawn employer with respect to the resulting terminated plan, (C) guarantee benefits under the terminated plan under section 1322 of this title, as in effect before such amendments, and (D) if necessary, enforce such action through suit brought under section 1303 of this title. (2) The corporation shall use the revolving fund used by the corporation with respect to basic benefits guaranteed under section 1322a of this title in guaranteeing benefits under a terminated plan described in this subsection. (Pub. L. 93-406, title IV, § 4402, formerly § 4082, Sept. 2, 1974, 88 Stat. 1034; S. Res. 4, Feb. 4, 1977; Pub. L. 95–214, § 1, Dec. 19, 1977, 91 Stat. 1501; S. Res. 30, Mar. 7, 1979; Pub. L. 96-24, June 19, 1979, 93 Stat. 70; Pub. L. 96-239, § 1, Apr. 30, 1980, 94 Stat. 341; Pub. L. 96-293, § 1, June 30, 1980, 94 Stat. 610; renumbered and amended Pub. L. 96-364, title I, § 108(a)-(c)(1), Sept. 26, 1980, 94 Stat. 1267.) REFERENCES IN TEXT This chapter, referred to in subsec. (e)(1), was in the original "this Act", meaning Pub. L. 93-406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. The Multiemployer Pension Plan Amendments Act of 1980, referred to in subsecs. (e)(1) and (g)(1)(A), is Pub. L. 96-364, Sept. 26, 1980, 94 Stat. 1208. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 1001 of this title and Tables. For the effective date of part 1 of subtitle E of this subchapter, referred to in subsec. (g)(1), see subsec. (e)(2) of this section. CODIFICATION Section was formerly classified to section 1381 of this title. AMENDMENTS 1980-Subsec. (c)(1). Pub. L. 96-293, § 1(1), substituted "August 1, 1980” for “July 1, 1980”. Pub. L. 96-239, § 1(1), substituted “July 1, 1980" for "May 1, 1980". Subsec. (c)(2). Pub. L. 96-293, § 1(1), (2), substituted “August 1, 1980" for "July 1, 1980" in the provisions preceding subpar. (A) and "July 31, 1980" for "June 30, 1980" in subpar. (B). Pub. L. 96-239, § 1(1), (2), substituted “July 1, 1980” for "May 1, 1980" in the provisions preceding subpar. (A) and "June 30, 1980" for "April 30, 1980" in subpar. (B). Subsec. (c)(4). Pub. L. 96–293, § 1(1), (2), substituted "August 1, 1980" for "July 1, 1980" in the provisions preceding subpar. (A) and “July 31, 1980" for "June 30, 1980" in subpar. (D). Pub. L. 96-239, § 1(1), (2), substituted "July 1, 1980" for "May 1, 1980" in the provisions preceding subpar. (A) and “June 30, 1980” for “April 30, 1980" in subpar. (D). Subsec. (d). Pub. L. 96-364, § 108(b), added subsec. (d). Former subsec. (d), which related to report to Congressional committees respecting anticipated financial condition of the program for mandatory coverage of multiemployer plans, was struck out. Subsec. (e). Pub. L. 96-364, § 108(c)(1), added subsec. (e). Former subsec. (e), which related to the annual insurance premium payable to the Corporation for coverage of guaranteed basic benefits, was struck out. Subsecs. (f), (g). Pub. L. 96-364, § 108(c)(1), added subsecs. (f) and (g). 1979-Subsec. (c)(1). Pub. L. 96–24, § 1(1), substituted "May 1, 1980" for "July 1, 1979". Subsec. (c)(2). Pub. L. 96–24, § 1(1), (2), substituted "May 1, 1980” for “July 1, 1979" in the provisions preceding subpar. (A) and “April 30, 1980" for "June 30, 1979" in subpar. (B). Subsec. (c)(4). Pub. L. 96–24, § 1(1), (2), substituted "May 1, 1980” for “July 1, 1979" in the provisions preceding subpar. (A) and “April 30, 1980" for "June 30, 1979" in subpar. (D). 1977-Subsec. (c)(1). Pub. L. 95-214, § 1(a)(1), substituted "July 1, 1979" for "January 1, 1978". Subsec. (c)(2). Pub. L. 95-214, § 1(a)(2), substituted "July 1, 1979" for "January 1, 1978" in the provisions preceding subpar. (A). Subsec. (c)(2)(B). Pub. L. 95-214, § 1(a)(3), substituted "June 30, 1979" for "December 31, 1977". Subsec. (c)(4). Pub. L. 95-214, § 1(a)(4), substituted "July 1, 1979” for “January 1, 1978” in the provisions preceding subpar. (A). The name of the Committee on Human Resources of the Senate was changed to the Committee on Labor and Human Resources effective Mar. 7, 1979, by Senate Resolution 30, 96th Congress. See, also, Rule XXV of the Standing Rules of the Senate adopted Nov. 14, 1979. The Committee on Labor and Public Welfare of the Senate was abolished and replaced by the Committee on Human Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977. ACTIONS TAKEN BEFORE REGULATIONS ARE PRESCRIBED Section 405 of Pub. L. 96-364 provided that: "(a) Except as otherwise provided in the amendments made by this Act [see Short Title of 1980 Amendment note set out under section 1001 of this title] and in subsection (b), if the way in which any such amendment will apply to a particular circumstance is to be set forth in regulations, any reasonable action during the period before such regulations take effect shall be treated as complying with such regulations for such period. "(b) Subsection (a) shall not apply to any action which violates any instruction issued, or temporary rule prescribed, by the agency having jurisdiction but only if such instruction or rule was published, or furnished to the party taking the action, before such action was taken." CHAPTER 19-JOB TRAINING PARTNERSHIP 1515. 1516. 1517. 1512. 1513. PART A-SERVICE DELIVERY SYSTEM (a) Proposals; proposed designations; re- (b) Final designation by Governor. Private industry councils. (a) Establishment; membership. (b) Chairman. (c) Nomination and recommendation of individuals. (d) Appointment of members. (e) Number of members. (f) Terms of office; removal for cause. (g) Certification. (h) Reconstitution of State job training coordinating councils. Functions of private industry councils. (a) Policy guidance and oversight. (b) Development of job training plan; selection of grant recipient and administering entity. (c) Appropriate chief elected official or officials. (d) Submission of job training plan to Governor. 1531. 1532. (e) Budget; staff; incorporation; contributions and grant funds. (f) "Oversight" defined. Job training plan. (a) Two-year program plan requirement. (b) Contents of plan. (c) Modification of the plan. Review and approval of plan. (a) Times for publication of plan and (b) Governor's approval of plan: criteria, Performance standards. (a) Congressional findings. (b) Performance criteria for adult train- (c) Initial performance standards. (e) Parameters for variations prescribed (f) Review of standards by National Commission for Employment Policy. (g) Performance standards. (h) Failure to meet performance standards; alternate administrative entities. Selection of service providers. (a) Effectiveness in terms of plan primary consideration. (b) No needless duplication of local facil ities or services. (c) Opportunity for local educational agencies. (d) Skills training program to meet private industry council guidelines. Limitation on certain costs. (a) Limit on funds for administration; definition. (b) Joint limitation on administrative and work experience expenditures; definitions. (c) Exceptions: private industry council requests for special circumstances; inclusion in plan; not reviewable by Governor. (d) Limitations inapplicable. (e) No exemption from performance standards. PART B-ADDITIONAL STATE RESPONSIBILITIES Governor's coordination and special services plan. (a) Annual planning report; two-year co- (c) Governor's coordination and special (d) Approval by Secretary. State job training coordinating council. (a) Requirement; appointments; composition; meetings; support personnel; limitations; approval by Governor, State Employment and Training and State Manpower Services Councils. (b) Consultations and agreements with Governor. (b) Expending of obligated funds. (c) Transition to program year funding. Prompt allocation of funds. (a) Use of most recent data. (b) Publication in Federal Register. (c) Distribution after appropriation. (d) Publication of allotment formula. (e) Distribution to grant recipient. Monitoring. (a) Compliance with law and regulations. (b) Investigations. (c) Witnesses; books, papers, and documents. Fiscal controls; sanctions. (a) Establishment of State controls; independent audit and exemption; Federal audit standards. (b) Noncompliance and Governor's approval revocation notice. (c) Comptroller General's evaluation; report to Congress; Comptroller's access to records. (d) Recipient's liability for noncomplying expenditures. (e) Conditions for recipient's liability; conditions for recipient's liability for subgrantee noncompliance; Secretary's discretion. (f) Emergency situations and immediate termination. (g) Secretary's action against harassment of complainants. (h) Remedies not exclusive. Reports, recordkeeping, and investigations. (a) Sufficiency of records; frequency. (b) Investigations. (c) Reporting and recordkeeping duties of States, designated administrative entities, and recipients. Administrative adjudication. (a) Hearing after denial of assistance or sanction by Secretary. (b) Time for filing exceptions; final (c) Time for Secretary's review. Nondiscrimination. (a) Applicability of equal protection provisions; prohibition of construction of religious facility; nondiscrimination against funded activity participants; participant citizenship. (b) Recipient noncompliance and Secretary's action. (c) Civil action by Attorney General. (d) Job Corps members ultimate beneficiaries. Judicial review. (a) Review by Court of Appeals of Secretary's final order; review petition, final order record, expeditious review; scope of review. (b) Jurisdiction of Court of Appeals; review by Supreme Court. 11-611 0-83-Vol. 12-79 QL 3 Exemplary youth programs. (a) Optional programs. (b) Education for employment program; (c) Preemployment skills training pro- hours; types of experience. (e) School-to-work transition assistance program; high school seniors and dropouts eligible; services; referral to other programs. PART B-SUMMER YOUTH EMPLOYMENT AND TRAINING 1631. Funding. 1632. 1633. (g) Transfer to administering entity of right to take title to nonexpendable property. (h) Continuing availability of area allocated unobligated funds. 1634. (1) Use of fiscal 1983 funds. (j) Applicability of time limits to planning; interim procedures; no penalty for noncompliance with performance standards in initial program period. (k) Eligibility of current Comprehensive Employment and Training Act participants. Statutory references to Comprehensive Employment and Training Act. PROGRAMS (a) Summer operation. (b) Economically disadvantaged youth. (c) Individuals aged 14 or 15 eligible. Applicable provisions. SUBCHAPTER III-EMPLOYMENT AND TRAINING ASSISTANCE FOR DISLOCATED WORKERS 1651. 1652. 1653. 1654. Allocation of funds. (a) Reserved portion of allocation. (b) Allocations for various proportions of unemployed. (c) Training and assistance for individuals affected by mass unemployment. (d) Authorization for reallotment of State share unobligated within s year. Identification of dislocated workers. (a) Authorization to establish procedures; definition. (b) Assistance by private industry council. (c) Determination of job opportunities for eligible individuals; determination of local training opportunities. (d) Acceptance of local training as unemployment benefits. Authorized activities. (a) Assistance for obtaining unsubsidized employment. (b) Relocation assistance and conditions. Matching requirement. (a) Demonstration of State assistance matching, reduction of matching requirement in high unemployment States; Secretary's annual determination of average rate of unemployment. (b) Scope of non-Federal matching funds; unemployment benefits to trainees as matching funds. 1603. Eligibility for services. (a) Economic disadvantage or employment barriers as participation requirements. |