Page:United States Statutes at Large Volume 100 Part 1.djvu/297

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 261

subject under this subtitle and the transaction becomes effective within five years before the termination date of the termination on which such Uabihty would be based, then such person and the members of such person's controlled group (determined as of the termination date) shall be subject to liability under this subtitle in connection with such termination as if such person were a contributing sponsor of the terminated plan as of the termination date. This subsection shall not cause any person to be liable under this subtitle in connection with such plan termination for any increases or improvements in the benefits provided under the plan which are adopted after the date on which the transaction referred to in the preceding sentence becomes effective. "(b) EFFECT OF CORPORATE REORGANIZATION.—For purposes of this subtitle, the following rules apply in the case of certain corporate reorganizations: "(1) CHANGE OF IDENTITY, FORM, ETC.—If a person ceases to exist by reason of a reorganization which involves a mere change in identity, form, or place of organization, however effected, a successor corporation resulting from such reorganization shall be treated as the person to whom this subtitle applies. "(2)

LIQUIDATION INTO PARENT CORPORATION.—If a

person

ceases to exist by reason of liquidation into a parent corporation, the parent corporation shall be treated as the person to whom this subtitle applies. "(3) MERGER, CONSOLIDATION, OR DIVISION.—If a person ceases to exist by reason of a merger, consolidation, or division, the successor corporation or corporations shall be treated as the person to whom this subtitle applies.", (b) EFFECTIVE DATE.—Section 4069(a) of the Employee Retirement Income Security Act of 1974 (as added by subsection (a)) shall apply with respect to transactions becoming effective on or after January 1, 1986.

29 USC 1369 ^°^-

SEC. 11014. ENFORCEMENT AUTHORITY RELATING TO TERMINATIONS OF SINGLE-EMPLOYER PLANS. (a) PRIVATE RIGHTS OF ACTION.—Subtitle D of title IV (as amended

by section 11013) is further amended by adding at the end thereof the following new section: "ENFORCEMENT AUTHORITY RELATING TO TERMINATIONS OF SINGLEEMPLOYER PLANS

"SEC. 4070. (a) IN GENERAL.—Any person who is with respect to a single-employer plan a fiduciary, contributing sponsor, member of a contributing sponsor's controlled group, participant, or beneficiary, and is adversely affected by an act or practice of any party (other than the corporation) in violation of any provision of section 4041, 4042, 4049, 4062, 4063, 4064, or 4069, or who is an employee organization representing such a participant or beneficiary so adversely affected for purposes of collective bargaining with respect to such plan, may bring an action— "(1) to enjoin such act or practice, or "(2) to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision. "(b) STATUS OF PLAN AS PARTY TO ACTION AND WITH RESPECT TO LEGAL PROCESS.—A single-employer plan may be sued under this

section as an entity. Service of summons, subpoena, or other legal

29 USC 1370.

Ante, pp. 244, oQ^frlf?i362-i364 Ante. p. 260.

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