PART 4203—EXTENSION OF SPECIAL WITHDRAWAL LIABILITY RULES Authority: 29 U.S.C. 1302(b)(3). Source: 61 FR 34083, July 1, 1996, unless otherwise noted. § 4203.1 Purpose and scope. (a) Purpose. (b) Scope. § 4203.2 Definitions. The following terms are defined in § 4001.2 of this chapter: complete withdrawal, employer, ERISA, multiemployer plan, PBGC, person, plan, plan sponsor, and plan year. § 4203.3 Plan adoption of special withdrawal rules. (a) General rule. (b) Discretionary provisions of the plan amendment. (1) Cover an entire industry or industries, or be limited to a segment of an industry; and (2) Apply to cessations of the obligation to contribute that occurred prior to the adoption of the amendment. § 4203.4 Requests for PBGC approval of plan amendments. (a) Filing of request In general. (2) Method of filing. (b) Who may request. (c) Where to file. (d) Information. (1) The name and address of the plan for which the plan amendment is being submitted, and the telephone number of the plan sponsor or its authorized representative. (2) A copy of the executed amendment, including the proposed effective date. (3) A statement certifying that notice of the adoption of the amendment and the request for approval filed under this part has been given to all employers who have an obligation to contribute under the plan and to all employee organizations representing employees covered under the plan. (4) A statement indicating how the withdrawal rules in the plan amendment would operate in the event of a sale of assets by a contributing employer or the cessation of the obligation to contribute or the cessation of covered operations by all employers. (5) A copy of the plan's most recent actuarial valuation. (6) For each of the previous five plan years, information on the number of plan participants by category (active, retired and separate vested) and a complete financial statement. This requirement may be satisfied by the submission for each of those years of Form 5500, including schedule B, or similar reports required under prior law. (7) A detailed description of the industry to which the plan amendment will apply, including information sufficient to demonstrate the effect of withdrawals on the plan's contribution base, and information establishing industry characteristics which would indicate that withdrawals in the industry do not typically have an adverse effect on the plan's contribution base. Such industry characteristics include the mobility of employees, the intermittent nature of employment, the project-by-project nature of the work, extreme fluctuations in the level of an employer's covered work under the plan, the existence of a consistent pattern of entry and withdrawal by employers, and the local nature of the work performed. (e) Supplemental information. [61 FR 34083, July 1, 1996, as amended at 68 FR 61354, Oct. 28, 2003] § 4203.5 PBGC action on requests. (a) General. (1) Will apply only to an industry that has characteristics that would make use of the special withdrawal rules appropriate; and (2) Will not pose a significant risk to the insurance system. (b) Notice of pendency of request. Federal Register. (c) PBGC decision on request. Federal Register.