; and (B) by striking the second paragraph (41). (d) Effective date (1) In general The amendments made by this section shall apply to years beginning after December 31, 2019. (2) Rule of construction Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary’s delegate (determined without regard to such amendment) to provide for the proper treatment of a failure to meet any requirement applicable under the Internal Revenue Code of 1986 with respect to one employer (and its employees) in a multiple employer plan. 6. Limitation on employer liability Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq.) is amended by adding at the end the following: (e) (1) An eligible employer (as defined in section 408(p)(2)(C)(i) of the Internal Revenue Code of 1986) shall not be a fiduciary in any respect with respect to a pooled employer plan, including with respect to the selection or monitoring of any plan service provider or any investment under the plan, if the pooled plan provider— (A) receives no more than reasonable compensation for its services, as agreed to by the eligible employer, and (B) agrees in the plan document to— (i) comply with all requirements applicable to a pooled plan provider under this title, and (ii) assume, with respect to such eligible employer as agreed to by the eligible employer, all fiduciary responsibility with respect to the plan not retained by the eligible employer, and (C) notifies the eligible employer of its obligations under the pooled employer plan. (2) Notwithstanding paragraph (1), eligible employers participating in such a pooled employer plan shall be responsible for— (A) meeting the enrollment requirements applicable to such employer under the plan, (B) transmitting contributions to the plan in accordance with the terms of the plan, (C) providing such information and assistance as is within the sole control of the eligible employer and is needed by the plan to