S. 1486Senate116th Congress (2019-2021)In Committee

Prioritizing Our Workers Act

Introduced May 15, 2019

AI-Generated Summary

Updated April 14, 2026 at 5:07 AM UTC

The Prioritizing Our Workers Act changes the bankruptcy code so that certain pension obligations are treated as administrative expenses, giving them higher priority when a debtor files for Chapter 11 or Chapter 7. By adding unfunded vested benefits from defined‑benefit plans and ERISA withdrawal liabilities to the list of administrative expenses, the bill aims to protect workers’ pension rights in bankruptcy cases.

Key Provisions

  • Amends 11 U.S.C. § 503(b) to insert a new paragraph (10) that makes all unfunded vested benefits in a defined‑benefit pension plan an administrative expense.
  • Adds paragraph (11) to treat withdrawal liability under ERISA as an administrative expense.
  • Updates § 507(a)(5) to exclude these new pension expenses from the limitation on administrative expenses, ensuring they receive priority.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2889)

May 15, 2019

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SenateIntro Referral

Introduced in Senate

May 15, 2019

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2889)

May 15, 2019

Floor Debate

5 members

What members said about S. 1486 on the floor

2 Republicans3 Democrats
John Cornyn
Sen. John CornynR-TX · May 15, 2019

Mr. President, I come to the floor to talk about Police Week and some legislation we have introduced to honor and support our men and women in blue called, not surprisingly, the Back the Blue Act.…

Tim Kaine
Sen. Tim KaineD-VA · May 15, 2019

Mr. President. Sexual assault is a major issue on our Nation's college campuses. In 2016, the Department of Justice found that one in four college women are sexually assaulted while in school.…

Joe Manchin III
Sen. Joe Manchin IIID-WV · May 15, 2019

Mr. President, today I am introducing the Prioritizing Our Workers Act, which will make changes to the current bankruptcy code, requiring companies going through bankruptcy proceedings to pay unpaid…

Joe Manchin III
Sen. Joe Manchin IIID-WV · May 15, 2019

Mr. President, today I am introducing the Prioritizing Our Workers Act, which will make changes to the current bankruptcy code, requiring companies going through bankruptcy proceedings to pay unpaid…

John Thune
Sen. John ThuneR-SD · May 15, 2019

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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Tom Udall
Sen. Tom UdallD-NM · May 15, 2019

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued May 15, 2019

II

116th CONGRESS

1st Session

S. 1486

IN THE SENATE OF THE UNITED STATES

May 15, 2019

Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend title 11, United States Code, to include certain pensions as administrative expenses in bankruptcy, and for other purposes.

1.

Short title

This Act may be cited as the Prioritizing Our Workers Act.

2.

Allowance of administrative expenses

(a)

In general

Section 503(b) of title 11, United States Code, is amended—

(1)

in paragraph (8)(B), by striking and at the end;

(2)

in paragraph (9), by striking the period at the end and inserting a semicolon; and

(3)

by inserting after paragraph (9) the following:

(10)

notwithstanding section 507(a)(5), all unfunded vested benefits in a defined benefit pension plan; and

(11)

withdrawal liability determined under part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1381 et seq.).

.

(b)

Conforming amendment

Section 507(a)(5) is amended by inserting except as provided in section 503(b)(10), after Fifth,.