Federal · Title 29 — Labor
29 U.S.C. § 1383: Complete withdrawal
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permanently ceases to have an obligation to contribute under the plan, or permanently ceases all covered operations under the plan. substantially all the employees with respect to whom the employer has an obligation to contribute under the plan perform work in the building and construction industry, and primarily covers employees in the building and construction industry, or is amended to provide that this subsection applies to employers described in this paragraph. an employer ceases to have an obligation to contribute under the plan, and continues to perform work in the jurisdiction of the collective bargaining agreement of the type for which contributions were previously required, or resumes such work within 5 years after the date on which the obligation to contribute under the plan ceases, and does not renew the obligation at the time of the resumption. In the case of a plan terminated by mass withdrawal (within the meaning of section 1341a(a)(2) of this title ), paragraph (2) shall be applied by substituting “3 years” for “5 years” in subparagraph (B)(ii). Notwithstanding subsection (a), in the case of an employer that has an obligation to contribute under a plan for work performed in the entertainment industry, primarily on a temporary or project-by-project basis, if the plan primarily covers employees in the entertainment industry, a complete withdrawal occurs only as described in subsection (b)(2) applied by substituting “plan” for “collective bargaining agreement” in subparagraph (B)(i) thereof. theater, motion picture (except to the extent provided in regulations prescribed by the corporation), radio, television, sound or visual recording, music, and dance, and such other entertainment activities as the corporation may determine to be appropriate. to protect the interest of the plan’s participants and beneficiaries, or to prevent a significant risk of loss to the corporation with respect to the plan. A plan may be amended to provide that this subsection shall not apply to a group or class of employers under the plan. has an obligation to contribute under a plan described in paragraph (2) primarily for work described in such paragraph, and does not continue to perform work within the jurisdiction of the plan, A plan is described in this paragraph if substantially all of the contributions required under the plan are made by employers primarily engaged in the long and short haul trucking industry, the household goods moving industry, or the public warehousing industry. an employer permanently ceases to have an obligation to contribute under the plan or permanently ceases all covered operations under the plan, and the corporation determines that the plan has suffered substantial damage to its contribution base as a result of such cessation, or the employer fails to furnish a bond issued by a corporate surety company that is an acceptable surety for purposes of section 1112 of this title , or an amount held in escrow by a bank or similar financial institution satisfactory to the plan, in an amount equal to 50 percent of the withdrawal liability of the employer. If, after an employer furnishes a bond or escrow to a plan under paragraph (3)(B)(ii), the corporation determines that the cessation of the employer’s obligation to contribute under the plan (considered together with any cessations by other employers), or cessation of covered operations under the plan, has resulted in substantial damage to the contribution base of the plan, the employer shall be treated as having withdrawn from the plan on the date on which the obligation to contribute or covered operations ceased, and such bond or escrow shall be paid to the plan. The corporation shall not make a determination under this paragraph more than 60 months after the date on which such obligation to contribute or covered operations ceased. because it determines that the contribution base of the plan has not suffered substantial damage as a result of the cessation of the employer’s obligation to contribute or cessation of covered operations (considered together with any cessation of contribution obligation, or of covered operations, with respect to other employers), or because it may not make a determination under paragraph (4) because of the last sentence thereof, Nothing in this subsection shall be construed as a limitation on the amount of the withdrawal liability of any employer. For purposes of this part, the date of a complete withdrawal is the date of the cessation of the obligation to contribute or the cessation of covered operations. The corporation may prescribe regulations under which plans in industries other than the construction or entertainment industries may be amended to provide for special withdrawal liability rules similar to the rules described in subsections (b) and (c). only in industries (or portions thereof) in which, as determined by the corporation, the characteristics that would make use of such rules appropriate are clearly shown, and only if the corporation determines, in each instance in which special withdrawal liability rules are permitted, that use of such rules will not pose a significant risk to the corporation under this subchapter.
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