412(b)(3) interpretation

[Guest Doug P]

I have a multiemployer plan that violated the conditions of an amortization extension from the IRS. This produced retroactive funding deficiencies. The plan is now in critical status and has adopted a compliant rehabilitation plan.

Does 412(b)(3) allow the plan to avoid paying the funding deficiency while in critical status? Or does the funding deficiency supercede the application of a rehabilitation plan?

Thanks,

Doug