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Pension Protection in Bankruptcy: Enhanced Security for Workers

This act aims to better protect employee pension benefits in company bankruptcies. It introduces changes that increase the likelihood of recovering pension funds and make it harder for companies to avoid their obligations to employees, even in difficult financial situations. These changes are designed to provide greater financial security for those retired or nearing retirement.
Key points
Companies must continue to make pension contributions even if they declare bankruptcy, unless the government grants a waiver.
Unpaid pension contributions and withdrawal liability payments will receive higher priority in bankruptcy proceedings, increasing the chances of recovery.
The amount of employee wages protected in bankruptcy has been increased from $10,000 to $20,000.
Courts will consider job retention and pension benefits when approving the sale of company assets in bankruptcy.
The look-back period for challenging fraudulent transfers of company assets before bankruptcy has been extended from 2 to 6 years.
Restrictions on payments to executives and consultants during bankruptcy to protect company funds.
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Additional Information
Print number: 117_S_5097
Sponsor: Sen. Manchin, Joe, III [D-WV]
Process start date: 2022-11-15