11. A multi-employer pension plan is a plan in which the members are the employees of two or more employers.
However, a plan is not considered to be a multi-employer pension plan if the following conditions are met:
(1) the employers who are parties to the plan are either subsidiaries of the same parent company or a parent company and its subsidiaries;
(2) the plan provides that the subsidiaries that are parties to the plan and the parent company agree that the plan not be considered to be a multi-employer pension plan.
The employers party to a plan to which the second paragraph applies are solidarily liable for the obligations incumbent upon each employer under the plan or under this Act.
1989, c. 38, s. 11; 2000, c. 41, s. 3.