### Question
How does PROTECTION OF EMPLOYEE BENEFIT RIGHTS define eligible multiemployer plan?


### Answer
Under *29 U.S.C. § 1082*, **eligible multiemployer plan** is defined as:

> a multiemployer plan—


(I) which had a net investment loss for the first plan year beginning after December 31, 2001, of at least 10 percent of the average fair market value of the plan assets during the plan year, and


(II) with respect to which the plan's enrolled actuary certifies (not taking into account the application of this subparagraph), on the basis of the acutuarial [2](#1082_2_target) assumptions used for the last plan year ending before April 10, 2004, that the plan is projected to have an accumulated funding deficiency (within the meaning of subsection (a)(2) of this section) for any plan year beginning after June 30, 2003, and before July 1, 2006

#### Citation:
  - *29 U.S.C. § 1082*
  - Heading: **CHAPTER 18-EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM > SUBCHAPTER I-PROTECTION OF EMPLOYEE BENEFIT RIGHTS > Subtitle B-Regulatory Provisions > part 3-funding**

