Page:United States Statutes at Large Volume 94 Part 1.djvu/1286

 94 STAT. 1236

PUBLIC LAW 96-364—SEPT. 26, 1980

"WITHDRAWAL NOT TO OCCUR MERELY BECAUSE OF CHANGE I N BUSI-

NESS FORM OR SUSPENSION OF CONTRIBUTIONS DURING LABOR DISPUTE

29 USC 1398.

29 USC 1362.

"SEC 4218. Notwithstanding any other provision of this part, an employer shall not be considered to have withdrawn from a plan solely because— "(1) an employer ceases to exist by reason of— "(A) a change in corporate structure described in section 4062(d), or "(B) a change to an unincorporated form of business enterprise, if the change causes no interruption in employer contributions or obligations to contribute under the plan, or "(2) an employer suspends contributions under the plan during a labor dispute mvolving its employees. For purposes of this part, a successor or parent corporation or other entity resulting from any such change shall be considered the original employer. "NOTICE, COLLECTION, ETC., OF WITHDRAWAL LIABILITY

29 USC 1399.

Plan sponsor, responsibilities,

"SEC. 4219. (a) An employer shall, within 30 days after a written request from the plan sponsor, furnish such information as the plan sponsor reasonably determines to be necessary to enable the plan sponsor to comply with the requirements of this part. "(b)(1) As soon as practicable after an employer's complete or pgy^j^i withdrawal, the plan sponsor shall— "(A) notify the employer of— "(i) the amount of the liability, and "(ii) the schedule for liability payments, and "(B) demand payment in accordance with the schedule. "(2)(A) No later than 90 days after the employer receives the notice described in paragraph (1), the employer— "(i) may ask the plan sponsor to review any specific matter relating to the determination of the employer's liability and the schedule of payments, "(ii) may identify any inaccuracy in the determination of the amount of the unfunded vested benefits allocable to the employer, and "(iii) may furnish any additional relevant information to the plan sponsor. "(B) After a reasonable review of any matter raised, the plan sponsor shall notify the employer o— f "(i) the plan sponsor's decision, "(ii) the basis for the decision, and "(iii) the reason for any change in the determination of the employer's liability or schedule of liability payments. "(c)(l)(A)(i) Except as provided in subparagraphs (B) and (D) of this paragraph and in paragraphs (4) and (5), an employer shall pay the amount determined under section 4211, adjusted if appropriate first under section 4209 and then under section 4206 over the period of years necessary to amortize the amount in level annual payments determined under subparagraph (C), calculated as if the first payment were made on the first day of the plan year following the plan year in which the withdrawal occurs and as if each subsequent payment were made on the first day of each subsequent plan year. Actual payment shall commence in accordance with paragraph (2).

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