(a) As part of the investigation of an employer, the director shall determine the amount of nonvested pension benefits that have been compromised or settled to his or her satisfaction.
(b) Nonvested pension benefits may be compromised or settled by:
(1) Agreement between the employer and employee that is mutually understood by both parties to be a complete and final satisfaction of those benefits; or
(2) A provision in a collective bargaining agreement to which both the employer and employee are a party concerning the disposition of pension benefits in case the employer ceases to operate a place of employment or providing a benefit to the employee contingent upon the employer ceasing to operate a place of employment.