Page:United States Statutes at Large Volume 94 Part 1.djvu/1268

 94 STAT. 1218

PUBLIC LAW 96-364—SEPT. 26, 1980 "DETERMINATION AND COLLECTION OF LIABILITY; NOTIFICATION OF EMPLOYER

29 USC 1382.

"SEC. 4202. When an employer withdraws from a multiemployer plan, the plan sponsor, in accordance with this part, shall— "(1) determine the amount of the employer's withdrawal liability, "(2) notify the employer of the amount of the withdrawal liability, and "(3) collect the amount of the withdrawal liability from the employer. "COMPLETE WITHDRAWAL

29 USC 1383.

Ante, p. 1216.

"Entertainment industry.'

"SEC. 4203. (a) For purposes of this part, a complete withdrawal from a multiemployer plan occurs when an employer— "(1) permanently ceases to have an obligation to contribute under the plan, or "(2) permanently ceases all covered operations under the plan. "OJXD Notwithstanding subsection (a), in the case of an employer that has an obligation to contribute under a plan for work performed in the building and construction industry, a complete withdrawal occurs only as described in paragraph (2), if— "(A) 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 "(B) the plan— "(i) primarily covers employees in the building and construction industry, or "(ii) is amended to provide that this subsection applies to employers described in this paragraph. "(2) A withdrawal occurs under this paragraph if— "(A) an employer ceases to have an obligation to contribute under the plan, and "(B) the employer— "(i) continues to perform work in the jurisdiction of the collective bargaining agreement of the t3T)e for which contributions were previously required, or "(ii) 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. "(3) In the case of a plan terminated by mass withdrawal (within the meaning of section 4041 A(a)(2)), paragraph (2) shall be applied by substituting '3 years' for '5 years' in subparagraph (B)(ii). "(c)(1) 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 projectby-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. "(2) For purposes of this subsection, the term 'entertainment industrv' means— ' (A) theater, motion picture (except to the extent provided in regulations prescribed by the corporation), radio, television, sound or visual recording, music, and dance, and "(B) such other entertainment activities as the corporation may determine to be appropriate.

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