4041A(a)(2) Withdrawal?

[Guest ethompson]

Plan is a multiemployer plan in the lumber industry with very low level of active participants. Plan still has union employees, but is not collectively bargained. Does it cease to be a multiemployer plan? Has it experienced an ERISA 4041A(a)(2) termination?

[SoCalActuary]

Employees are covered under a collective bargaining agreement, and the employer provides benefits. Did the existing plan get mentioned in any of the collective bargaining agreements in the past? Do you have a conflict with NLSB rules by interfering with the collective bargaining?

Do you have other non-union employees covered under the same plan?

How's your funding levels? Are benefits adequately funded by trust assets?

Who will pay for underfunding?

If the plan stops being a union negotiated program, it becomes a multiple employer plan. Tread carefully here. Is this what you really want?

[Kirk Maldonado]

ethompson:

If the plan is not maintained pursuant to a collective bargaining agreement, it is not a multiemployer plan.

Was your plan ever maintained pursuant to a CBA? That is a crucial fact that you didn't provide.