Page:United States Statutes at Large Volume 100 Part 1.djvu/306

 100 STAT. 270

PUBLIC LAW 99-272—APR. 7, 1986 employer (or his bond cancelled)" and inserting in lieu thereof "(or the bond cancelled)"; and (III) in paragraph (3), by inserting "under section 4041(c) or 4042" after "terminates" and by striking out "employer" in subparagraph (C) and inserting in lieu thereof "contributing sponsor". (iv) Section 4063(d) (29 U.S.C. 1363(d)) is amended— (I) by striking out "Upon a showing by the plan administrator of a plan (other than a multiemployer plan) that the withdrawal from the plan by any employer or employers has resulted" and inserting in lieu thereof "Upon a showing by the plan administrator of the plan that the withdrawal from the plan by one or more contributing sponsors has resulted"; (II) by striking out "by employers"; (III) in paragraph (1), by striking out "their employer's" and inserting in lieu thereof "the"; and (IV) in paragraph (2), by striking out "termination" and inserting in lieu thereof "plan terminated under section 4042". (v) Section 4063(e) (29 U.S.C. 1363(e)) is amended— (I) by striking out "to any employer or plan administrator"; and (II) by striking out "all other employers" and inserting in lieu thereof "contributing sponsors". (vi) The heading for section 4063 is amended by adding at the end thereof the following "FROM SINGLEEMPLOYER GROUPS.". (B)

PLANS

UNDER

MULTIPLE

CONTROLLED

A L L O C A T I O N O F LIABILITY U P O N TERMINATION O F CER-

T A I N SINGLE-EMPLOYER PLANS.—

(i) Section 4064(a) (29 U.S.C. 1364(a)) is amended— (I) by striking out "all employers who maintain a plan under which more than one employer makes contributions (other than a multiemployer plan)" and inserting in lieu thereof "all contributing sponsors of a single-employer plan which has two or more contributing sponsors at least two of whom are not under common control"; and (II) by inserting "under section 4041(c) or 4042"

29 USC 1362.

(ii) Section 4064(b) (29 U.S.C. 1364(b)) is amended to read as follows: "(b) The corporation shall determine the liability with respect to each contributing sponsor and each member of its controlled group in a manner consistent with section 4062, except that— "(1) the amount of the liability determined under section 4062(b)(1) with respect to the entire plan— "(A) shall be determined without regard to clauses (i)(II) and (ii) of section 4062(b)(1)(A), and "(B) shall be allocated to each controlled group by multiplying such amount by a fraction— "(i) the numerator of which is the amount required to be contributed to the plan for the last 5 plan years

�