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S 2014 102th Congress Senate

Pension Protection in Bankruptcy Act of 1991

Official title: A bill to amend the Employee Retirement Income Security Act of 1974 and title 11, United States Code, to protect the single-employer plan termination insurance… Show full official titleShow less

Official title: A bill to amend the Employee Retirement Income Security Act of 1974 and title 11, United States Code, to protect the single-employer plan termination insurance program by clarifying the status of claims of the Pension Benefit Guaranty Corporation and the treatment of pension plans in bankruptcy proceedings, and for other purposes.

Introduced: November 21, 1991 Introduced by: Grassley, Chuck Republican · Iowa See on congress.gov
Labor and Employment BankruptcyDebtor and creditorGovernment corporationsGovernment paperwork
More subjectsShow fewer subjects
Insurance premiumsLiability (Law)LiensPension fundsPension trust guaranty insuranceRevolving funds
This bill died when the 102nd Congress ended
It never became law before the 102nd Congress (1991–1992) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 22, 1992
Referred to Subcommittee on Courts and Administrative Practice.
Nov 21, 1991
Read twice and referred to the Committee on Judiciary.
Nov 21, 1991
Introduced in Senate
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 Latest action January 22, 1992

Referred to Subcommittee on Courts and Administrative Practice.

 Plain-English summary Congressional Research Service

Pension Protection in Bankruptcy Act of 1991 - Title I: Employer Liability, Lien, and Portability - Subtitle A: Amendments to Title IV of the Employee Retirement Income Security Act of 1974 - Amends title IV (Plan Termination Insurance) of the Employee Retirement Income Security Act of 1974 (ERISA) to revise limitations on employer liability liens and priority amounts.

Provides that, in the case of plan terminations initiated on or after January 1, 1992, the lien of the Pension Benefit Guaranty Corporation (PBGC) for employer liability shall be determined according to a specified formula. Makes similar revisions relating to the amount of liability to the PBGC which is entitled to priority treatment in insolvency and bankruptcy cases. Amends the Pension Protection Act with respect to bankruptcy and insolvency claims. Provides that specified amendments under this Act shall be effective as if included under the Single-Employer Pension Plan Amendments of 1986 and the Pension Protection Act.

Amends ERISA to provide for liability upon liquidation of a contributing sponsor of a single-employer plan. Makes such sponsor liable as though the plan had terminated in a distress termination, even if the sponsor's controlled group remains a contributing sponsor of the plan or is liable for payment of specified contributions or installments. Directs the PBGC to transfer such liability payments to the ongoing plans.

Subtitle B: Amendments to Title II, United States Code - Amends the Federal bankruptcy code to permit the PBGC to be a member of an unsecured creditors' committee.

Revises priority payment provisions with respect to: (1) unpaid contributions to pension plans under ERISA; and (2) certain liability arising from pension plan terminations under ERISA. (Classifies these priorities as expenses arising before, or administrative expenses arising after, the commencement of the case, depending on whether such unpaid contributions are attributable, or such plan termination occurs, before or after the filing of the petition for bankruptcy.)

Amends one of specified Bankruptcy Rules to require the bankruptcy court to give the PBGC notice of a bankruptcy petition filed (and all other notices required to be served on creditors and interested parties), in any case in which the debtor or an affiliate maintains a pension plan to which title IV of ERISA applies.

Title II: Miscellaneous ERISA Title IV Amendments - Amends ERISA title IV to revise provisions relating to: (1) enforcement of minimum funding requirements; (2) definition of contributing sponsor; (3) recovery ratio payable under PBGC guaranty; (4) distress termination criteria for banking institutions; and (5) variable rate premium exemption. Eliminates a specified seventh revolving fund and transfers its assets and liabilities to the first revolving fund (i.e. the single-employer basic benefits guaranty fund).

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
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APA
U.S. Congress. (2026). S. 2014: Pension Protection in Bankruptcy Act of 1991. 102nd Congress. Open America. https://openamerica.io/bill/102-S-2014/
MLA
"S. 2014: Pension Protection in Bankruptcy Act of 1991." 102nd Congress, 2026, Open America, https://openamerica.io/bill/102-S-2014/.
Bluebook (legal)
S. 2014, 102nd Cong. (2026), https://openamerica.io/bill/102-S-2014/.
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[S. 2014: Pension Protection in Bankruptcy Act of 1991](https://openamerica.io/bill/102-S-2014/)
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