The Second Circuit Court of Appeals recently issued a withdrawal liability decision of which both multiemployer pension plans and their contributing employers should be aware. Specifically, in National Retirement Fund v. Metz...more
Beginning January 1, 2020, the American Arbitration Association (AAA) will: (i) reduce filing fees charged to parties initiating arbitrations of withdrawal liability disputes; (ii) change how costs of arbitrations are...more
12/13/2019
/ Amended Rules ,
American Arbitration Association ,
Arbitration ,
Arbitrator Selection Disputes ,
Arbitrators ,
Employee Retirement Income Security Act (ERISA) ,
Filing Fees ,
Multiemployer Plan ,
PBGC ,
Pensions ,
Rulemaking Process ,
Taft-Hartley Plan Trustees ,
Withdrawal Liability
In this edition of our Newsletter, we take a look at a pair of cases that, while unrelated, together remind us of the importance of having clear plan rules in place that reflect the plan sponsor’s intention. The first article...more
10/11/2019
/ 401k ,
403(b) Plans ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Duty ,
Foreign Nationals ,
Hardship Distributions ,
Health Insurance ,
IRS ,
Mental Health Parity Rule ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Pensions ,
Retirement Plan ,
Safe Harbors ,
Standing ,
Statute of Limitations ,
Withdrawal Liability
On February 6, 2019, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule that impacts how multiemployer pension plans in endangered or critical status calculate withdrawal liability. The rule is not yet...more
For a multiemployer pension fund to hold an asset purchaser liable for withdrawal liability as a successor-in-interest, the fund must establish that the purchaser was (i) on notice of the seller’s withdrawal liability, and...more
In light of the recent decisions by the U.S. Court of Appeals for the First Circuit and the U.S. District Court for the District of Massachusetts in Sun Capital, private investment funds, multiemployer pension funds and the...more
10/26/2017
/ Controlled Groups ,
Employee Retirement Income Security Act (ERISA) ,
Investment Portfolios ,
Joint and Several Liability ,
Limited Partnership Agreements ,
Multiemployer Plan ,
PBGC ,
Pensions ,
Private Equity Funds ,
Sun Capital Partners ,
Withdrawal Liability
Editor’s Overview -
In this issue of Proskauer's ERISA Litigation Newsletter, we review a recent ruling by the Tenth Circuit Court of Appeals concerning the application of controlled group principles to the building...more
6/1/2016
/ Affordable Care Act ,
Arbitrators ,
COBRA ,
Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Controlled Groups ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance ,
Income Taxes ,
IRS ,
Multiemployer Plan ,
Notice Requirements ,
Pensions ,
Popular ,
Summary of Benefits and Coverage ,
U.S. Treasury ,
Wage and Hour ,
Withdrawal Liability
On December 18, 2015, President Obama signed into law an omnibus appropriations bill which included the Protecting Americans from Tax Hikes Act of 2015 (the "Act"). In addition to extending or making permanent a number of...more
This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more
5/13/2013
/ 403(b) Plans ,
Affordable Care Act ,
Class Action ,
Class Certification ,
Comcast v. Behrend ,
Damages ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Heimeshoff v. Hartford Life & Accident Insurance Co. ,
IRS ,
Multiemployer Plan ,
Pensions ,
Private Equity Funds ,
SCOTUS ,
Statute of Limitations ,
Sun Capital Partners ,
Transparency ,
Waivers