Page:United States Statutes at Large Volume 94 Part 1.djvu/1276

 94 STAT. 1226

PUBLIC LAW 96-364—SEPT. 26, 1980

reduced by the amount, if any, by which the amount determined under section 4211 for the employer, determined without regard to this subsection, exceeds $150,000. "(c) This section does not apply— "(1) to an employer who withdraws in a plan year in which substantially all employers withdraw from the plan, or "(2) in any case in which substantially all employers withdraw from the plan during a period of one or more plan years pursuant to an agreement or arrangement to withdraw, to an employer who withdraws pursuant to such agreement or arrangement. "(d) In any action or proceeding to determine or collect withdrawal liability, if substantially all employers have withdrawn from a plan within a period of 3 plan years, an employer who has withdrawn from such plan during such period shall be presumed to have withdrawn from the plan pursuant to an agreement or arrangement, unless the employer proves otherwise by a preponderance of the evidence. "NO WITHDRAWAL LIABILITY FOR CERTAIN TEMPORARY CONTRIBUTION OBLIGATION PERIODS

29 USC 1390.

Ante, p. 1208.

Post, p. 1287.

"SEC. 4210. (a) An employer who withdraws from a plan in complete or partial withdrawal is not liable to the plan if the employer— "(1) first had an obligation to contribute to the plan after the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980, "(2) had an obligation to contribute to the plan for no more than the lesser of— "(A) 6 consecutive plan years preceding the date on which the employer withdraws, or "(B) the number of years required for vesting under the plan, "(3) was required to make contributions to the plan for each such plan year in an amount equal to less than 2 percent of the sum of all employer contributions made to the plan for each such year, and "(4) has never avoided withdrawal liability because of the application of this section with respect to the plan. "(b) Subsection (a) shall apply to an employer with respect to a plan only if— "(1) the plan is not a plan which primarily covers employees in the building and construction industry; "(2) the plan is amended to provide that subsection (a) applies; "(3) the plan provides, or is amended to provide, that the reduction under section 411(a)(3)(E) of the Internal Revenue Code of 1954 applies with respect to the employees of the employer; and "(4) the ratio of the assets of the plan for the plan year preceding the first plan year for which the employer was required to contribute to the plan to the benefit payments made during that plan year was at least 8 to 1. " M E T H O D S FOR COMPUTING WITHDRAWAL LIABILITY

Unfunded vested " SEC. 4211. (a) The a m o u n t of the unfunded vested benefits allocaoQTcn 1391. ^^'^ *o ^" employer that withdraws from a plan shall be determined in 29 USC 1QQ1 accordance with subsection (b), (c), or (d) of this section.

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