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Complete Withdrawal: Generally stated, a complete withdrawal from a multiemployer pension plan occurs when an Employer: ? Permanently ceases to have an obligation to contribute (i.e., terminates CBA); or ? Permanently ceases all covered operations under the plan (i.e., closes up shop).
If the plan has unfunded vested benefits allocable to the employer, the plan will assess withdrawal liability. The plan determines the amount of liability, notifies the employer of the amount, and collects it from the employer.
Under ERISA, the federal statute regulating employee benefit plans, an employer that has assumed an obligation to contribute to and subsequently withdraws from a multiemployer pension plan (MEPP) is liable for its allocable share of any underfunding.
Under MPPAA when an employer withdraws from a multiemployer defined benefit pension plan which has unfunded vested benefits, the employer is generally liable to the pension plan for a share of the unfunded vested benefits in an amount determined under MPPAA.
An employer's liability owed to a multiemployer plan if the employer totally or partially withdraws from the plan (29 U.S.C. § 1381).