News & Analysis as of

Pensions Insolvency

Latham & Watkins LLP

Directors Duties and Misfeasance Trading Lessons From BHS

Latham & Watkins LLP on

Actions brought against the BHS directors by the group’s liquidators have resulted in the largest reported award for wrongful trading since the provision’s introduction, but the judgment highlights some unsettled areas of the...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice. This...more

Bennett Jones LLP

New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

Bennett Jones LLP on

This is an update of our original blog dated April 24, 2023. Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice. This...more

Latham & Watkins LLP

Cramming Down Pension Liabilities: The Final Frontier?

Latham & Watkins LLP on

The Part 26A restructuring plan has introduced significant cross-class cramdown powers that may impact the defined benefit pension arrangements in the UK. As the UK looks set to enter a new restructuring cycle, the...more

Jackson Lewis P.C.

Will American Rescue Plan Act Multiemployer Pension Provisions Bring Relief To Employers?

Jackson Lewis P.C. on

The American Rescue Plan Act of 2021 includes a modified version of the Butch Lewis Act, referred to as the Emergency Pension Plan Relief Act of 2021 (EPPRA), which restores to financial health more than 100 failing...more

Goodwin

Pension Schemes Act 2021: The Impact of New Criminal Liability on Restructuring and Corporate Transactions

Goodwin on

THE PENSION SCHEMES ACT 2021 - The Pension Schemes Bill 2019-20 (“the Bill”) was first published on 16 October 2019. Following the dissolution of the 2017-2019 Parliament at the end of the 2019 session, the Bill was...more

Littler

The Emergency Pension Plan Relief Act Proposes a Bailout of Struggling Multiemployer Pension Plans

Littler on

House Education and Labor Chairman Bobby Scott (D-VA) recently introduced legislation that seeks to rescue multiemployer pension plans (MEPs) facing insolvency. Entitled the Emergency Pension Plan Relief Act (EPPRA), the bill...more

McDermott Will & Emery

Preparing for Tax Rises on the Horizon – Who Will Pay for the UK Government’s COVID-19 Relief Measures?

McDermott Will & Emery on

It is no secret that the Coronavirus (COVID-19) pandemic is having a significant impact on the economy. Chancellor Rishi Sunak recently stated that “it is now very likely that the UK is facing a significant recession at the...more

Hogan Lovells

Rocking the boat – Pension Schemes Bill proposals may risk destabilising future restructurings

Hogan Lovells on

The Pension Schemes Bill [HL] 2019-20 (Bill) was re-introduced before Parliament on 7 January 2020. Among its proposed amendments to the Pensions Act 2004 (Act) are new criminal  offences for failing to comply with a...more

Groom Law Group, Chartered

Senate Republicans Release Proposal for Multiemployer Pension Reform

On November 20, Republican Senators Charles Grassley and Lamar Alexander – chairmen of the committees with jurisdiction over pensions – jointly released the Multiemployer Pension Recapitalization and Reformation Plan (the...more

McDermott Will & Emery

PBGC’s Multiemployer Insurance Program Faces Insolvency, While Single-Employer Program Improves

McDermott Will & Emery on

The Pension Benefit Guaranty Corporation’s Multiemployer Insurance Program is close to collapse, while its Single-Employer Insurance Program continues to improve. We discuss implications and predictions for both programs over...more

Latham & Watkins LLP

Addressing Pensions Liabilities for Underperforming Portfolio Companies

Latham & Watkins LLP on

This year has seen a significant number of business failures, particularly on the high street, as businesses have struggled in the face of market fragility and Brexit uncertainty. When a UK portfolio company is...more

Latham & Watkins LLP

Addressing Pensions Liabilities for Underperforming Companies

Latham & Watkins LLP on

This year has seen a significant number of business failures, particularly on the high street, as businesses have struggled in the face of market fragility and Brexit uncertainty. When a UK company is underperforming, the...more

Perkins Coie

Multiemployer Pension Underfunding: How to Protect Your Company

Perkins Coie on

As a result of a declining union workforce, bankruptcies of employers contributing to multiemployer pension plans (MEPPs), and tax rules that prevented MEPPs from developing sufficient reserves, many MEPPs have become...more

Jones Day

The Year in Bankruptcy: 2017

Jones Day on

The initial year of the Trump administration colored much of the political, business, and financial headlines of 2017, both in the U.S. and abroad. Key administration-related developments in 2017 included U.S. withdrawal from...more

Fisher Phillips

Troubling Court Decision Sends Withdrawal Liability Warning To Employers

Fisher Phillips on

A federal appeals court has handed multiemployer pension plans a blank check to assess increased withdrawal liability against employers exiting a plan. The 11th Circuit Court of Appeals’ recent decision in Westrock RKT...more

Franczek P.C.

Treasury Department Rejects Central States Pension Fund's Benefit Reduction Proposal

Franczek P.C. on

As we discussed in a prior alert, in September 2015 the Teamsters’ Central States Pension Fund submitted a proposed “rescue plan” to the U.S. Department of Treasury (Treasury). The Central States Pension Fund is severely...more

Franczek P.C.

Central States Pension Fund Submits ‘Rescue Plan’ Seeking Approval to Reduce Benefits

Franczek P.C. on

On September 25, the Central States Pension Fund (one of the largest multiemployer/union pension funds in the country) submitted to the U.S. Department of Treasury a proposed “rescue plan,” which would allow the fund to...more

Franczek P.C.

Guidance Prompts Changes to PBGC Reportable Event Rules and Electronic Filing Requirements for Multiemployer Plans

Franczek P.C. on

The Pension Benefit Guaranty Corporation (PBGC) recently issued two important pieces of guidance that change certain of the PBGC’s notice requirements for both single-employer and multiemployer pension plans....more

FordHarrison

Multiemployer Pension Plans - Withdrawal Liability is Mounting

FordHarrison on

There are approximately 1,400 multiemployer pension plans and nearly 10 percent are projected to become insolvent within the next 15 years. Plan insolvency will trigger a termination and the assessment of withdrawal...more

Polsinelli

Update: Multiemployer Pension Plans volume 2

Polsinelli on

In This Issue: - Recent Developments for Multiemployer Pension Plans - Q & A - More Polsinelli MPRA Intelligence - MPRA Counseling Services - Excerpt from Recent Developments for...more

Orrick, Herrington & Sutcliffe LLP

Lehman Brothers Pension Scheme - The treatment of pensions claims in a UK insolvency process

When the Lehman Brothers group imploded in September 2008, the impact of events on the Lehman Brothers UK pension scheme (the "Scheme") was not seen as a key concern for anyone other than the members themselves. Yet as time...more

Proskauer Rose LLP

UK Supreme Court rules on priority ranking of pension liabilities in company insolvencies

Proskauer Rose LLP on

On 24th July the UK Supreme Court handed down its unanimous decision in relation to the LBIE/Nortel appeal, overturning the previous Court of Appeal and first instance judgments....more

Bracewell LLP

UK Supreme Court Throws out the Nortel and Lehman Pension Baby Claims with the Bathwater

Bracewell LLP on

While the arrival of His Royal Highness Prince George Alexander Louis of Cambridge has dominated the British (and the world) headlines this week, the U.K. Supreme Court delivered its own long awaited bundle of joy earlier...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide