,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ceja ,,in ,,the ,,house ,,of ,,representatives ,july #bg1 #bjag,mr4 ,paulsen introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a procedure under which certain small employers may withdraw from a multiemployer plan in connection with the establishment of a collectively bargained plan4 #a4 ,short title ,this ,act may be cited as the ,family-,owned ,business ,multiemployer ,pension ,correction ,act of #bjag4 #b4 ,withdrawal by certain small employers from multiemployer plans in connection with establishment of a collectively bargained plan 7a7 ,determination of eligibility 7#a7 ,period for making application ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall establish a program under which covered small employers may1 during the #a-year period beginning #f months after the date that the ,secretary establishes such program1 apply to have the ,secretary determine the eligibility of such employer for the benefits of subsection 7d7 with respect to a multiemployer plan4 7#b7 ,deadline for determination ,not later than #ij days after the close of the #a-year period described in paragraph 7#a71 the ,secretary shall notify each covered small employer which applied under such program of whether such employer is eligible for the benefits of subsection 7d7 with respect to the multiemployer plan to which the employer's application relates4 7b7 ,application 7#a7 ,contents of application ,any application of a covered small employer submitted under subsection 7a77#a7 shall include-- 7,a7 the name of such employer1 7,b7 the multiemployer plan with respect to which such application relates1 7,c7 the total plan liabilities of such plan determined as of the close of the last plan year ending before the date of such application1 7,d7 the portion of the total plan liabilities of such plan which are properly attributable to plan participants with respect to which such employer is required to contribute to such plan determined as of the close of the plan year referred to in subparagraph 7,c71 7,e7 the amounts described in paragraphs 7,c7 and 7,d7 which are projected 7on the basis of reasonable actuarial assumptions7 to be determined as of the close of each of the #b plan years succeeding the plan year referred to in subparagraph 7,c71 7,f7 the address of each separate business location of such employer at which plan participants are employed by such employer1 7,g7 the highest number of such plan participants so employed at each such separate business location on any time during the #c-year period ending on the date of such application1 and 7,h7 such other information as the ,secretary may require4 7#b7 ,user fees ,an application submitted by an employer under subsection 7a77#a7 shall be treated as described in section #gebh7;a77#b7 of the ,internal ,revenue ,code of #aihf and the user fee imposed with respect to each such application shall be #a1jjj multiplied by the number of separate business locations of such employer at which plan participants are employed by such employer4 7#c7 ,additional information ,the ,secretary may request such additional information after submission of the application described in paragraph 7#a7 as the ,secretary may require for purposes of determining the employer's eligibility for the benefits of subsection 7d74 7c7 ,standard for making eligibility determination 7#a7 ,in general ,the ,secretary shall not determine that any covered small employer making application for the benefits of subsection 7d7 with respect to any multiemployer plan is eligible for such benefits unless the ,secretary determines that the aggregate affected plan liabilities of such plan do not exceed #a percent of the total plan liabilities of such plan with respect to any of the #c plan years beginning with the plan year referred to in subsection 7b77#a77;,c7 7determined as of the close of each such year74 7#b7 ,aggregate affected plan liabilities ,for purposes of paragraph 7#a71 the term aggregate affected plan liabilities means1 with respect to any multiemployer plan1 the aggregate plan liabilities of such plan which are properly attributable to plan participants with respect to one more employers who applied for the benefits of subsection 7d7 with respect to such plan4 7d7 ,limitation on withdrawal liability 7#a7 ,in general ,in the case of a covered small employer which-- 7,a7 is determined by the ,secretary to be eligible for the benefits of this subsection with respect to a multiemployer plan to which such employer is required to contribute1 and 7,b7 is required to contribute 7as determined by the ,pension ,benefit ,guaranty ,corporation1 in consultation with the ,secretary1 immediately after the employer's withdrawal from such multiemployer plan7 to a collectively bargained plan the plan participants of which include all of the plan participants of such multiemployer plan who were accruing benefits with respect to such employer under such multiemployer plan immediately before such withdrawal1 section #dbbe7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd shall apply to such employer in the same manner as such section applies in the case of a bona fide sale of substantially all of the employer's assets in an arm's length transaction to an unrelated party4 7#b7 ,application ,for purposes of title ,,iv of the ,employee ,retirement ,income ,security ,act of #aigd1 a determination of withdrawal liability pursuant to paragraph 7#a7 shall be treated as a determination made under such title4 7#c7 ,time limitation ,paragraph 7#a7 shall not apply with respect to any withdrawal from a multiemployer plan by a covered small employer if the date of such of withdrawal is more than #c years after the date of the notice described in subsection 7a77#b74 7e7 ,definitions 7#a7 ,covered small employer ,the term covered small employer means an employer-- 7,a7 that is described in the ,north ,american ,industry ,classification ,system industry sector for retail trade2 and 7,b7 that does not employ more than #ajj plan participants at any separate business location on any day during the #c-year period ending on the date of the application referred to in subsection 7b74 7#b7 ,multiemployer plan ,the term multiemployer plan has the meaning given such term in section #djja of the ,employee ,retirement ,income ,security ,act of #aigd4 7#c7 ,collectively bargained plan ,the term collectively bargained plan means a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers4 7#d7 ,secretary of the ,treasury ,the terms ,secretary of the ,treasury and ,secretary both mean the ,secretary of the ,treasury 7or his delegate71 after consultation with the ,secretary of ,labor and the ,pension ,benefit ,guaranty ,corporation4