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Multiemployer Plan Corporate Counsel

Conn Maciel Carey LLP

Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments

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Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more

Jackson Lewis P.C.

Third Circuit Joins Sister Circuits in ‘Employer’ Definition under Multiemployer Pension Plan Amendments Act

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Turning an “American Dream Project” into a nightmare for a New Jersey contractor, the U.S. Court of Appeals for the Third Circuit has held that, under ERISA’s multiemployer pension plan provisions (the Multiemployer Pension...more

Tucker Arensberg, P.C.

Third Circuit Affirms $96 Million Withdrawal Liability Award Against Renco

In a major win for the Steelworkers Pension Trust (SPT), the U.S. Court of Appeals for the Third Circuit upheld an award totaling $96 million in withdrawal liability and additional statutory penalties against the Renco Group,...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer Rose LLP

PBGC Issues Guidance on New Special Financial Assistance Program for Troubled Multiemployer Pension Plans

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As we previously reported, the American Rescue Plan Act of 2021 (“ARPA”) created a special financial assistance program that is administered by the Pension Benefit Guaranty Corporation (“PBGC”) and intended to extend the...more

Epstein Becker & Green

ARPA’s Impact on Multiemployer Pension Plans and Contributing Employers

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On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”). ARPA is the latest COVID-19-related stimulus legislation passed by Congress, but, unlike prior legislation, ARPA provides expansive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

American Rescue Plan Act of 2021: Top Employee Benefits and Executive Compensation Provisions

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA). The ARPA is the latest installment of COVID-19–related stimulus packages passed by Congress in the last 12 months. Similar to the...more

Constangy, Brooks, Smith & Prophete, LLP

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an...more

Ballard Spahr LLP

SECURE Act In; Cadillac Tax Out: The Spending Act Makes Serious Changes to Benefits Rules

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Below is a summary of those key provisions. I. SECURE Act The Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act, H.R. 1994) is arguably the most significant and comprehensive retirement saving...more

Seyfarth Shaw LLP

Beware of the “Overshare”: Construe Requests for ERISA Plan Documents Narrowly!

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Seyfarth Synopsis: Administrators of ERISA plans frequently receive requests from participants, beneficiaries, and their representatives for plan-related documents. A recent decision from the Court of Appeals for the Fifth...more

Jackson Lewis P.C.

Calculating Withdrawal Liability With ‘Segal Blend’ Violated Multiemployer Pension Plan Amendments Act, Judge Rules

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In a decision that could have far-reaching implications for multiemployer pension plans and employers, a federal district court has held that the use of the “Segal Blend” to calculate a company’s withdrawal liability when it...more

Perkins Coie

Multiemployer Pension Underfunding: How to Protect Your Company

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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

Fisher Phillips

Troubling Court Decision Sends Withdrawal Liability Warning To Employers

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Finds Requirement to Contribute to Fringe Benefits Funds Can Extend Past Decertification

On December 20, 2016, the Seventh Circuit issued an opinion holding that multiemployer benefit funds were entitled to collect contributions required under collective bargaining agreements that were not to expire until 2015,...more

Seyfarth Shaw LLP

Surprise!: Decertification Does Not End Employer Contribution Obligations to the Multiemployer Funds

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Seyfarth Synopsis: Seventh Circuit finds employer still obligated to contribute to benefit funds for the life of the CBA even though the employees decertified the union. Employers often assume that when their...more

Littler

DOL Issues Final Rule Implementing Paid Sick Leave for Federal Contractors

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On September 29, 2016, the U.S. Department of Labor (DOL) issued its long-awaited final rule to implement Executive Order 13706, which requires covered federal contractors to provide employees with up to seven days (56 hours)...more

Jackson Lewis P.C.

Tenth Circuit Expands Withdrawal Liability of Construction Industry Employer

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In a case of first impression, the United States Circuit Court of Appeals for the Tenth Circuit held that work performed by a non-union company acquired after a construction industry employer ceased contributing to a...more

Bracewell LLP

District Court Holds Private Equity Funds Jointly Liable for Portfolio Company's ERISA Withdrawal Liability

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The U.S. District Court for the District of Massachusetts ruled on March 28, 2016 that two private equity funds were jointly and severally liable for the multiemployer pension plan withdrawal liability of their jointly-owned...more

Holland & Knight LLP

Pension Plan Withdrawal Liability Imposed on Investor Private Equity Funds

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The latest decision in the series of Sun Capital cases was released on March 28, 2016, by the U.S. District Court for the District of Massachusetts. In Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus....more

Locke Lord LLP

More Worries For Private Equity Funds - Another Structuring Fix Against ERISA Withdrawal Liability Dismantled

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In a landmark benefits decision, a Federal District Court in Massachusetts held that separate private equity funds sharing a general partner are jointly and severally liable under the Employee Retirement Income Security Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Proposed “Exit Premium” on Withdrawing From Underfunded Multiemployer Defined Benefit Plans Would Penalize Employers That Played...

Employers withdrawing from an underfunded multiemployer defined benefit pension plan may soon face not only an assessment of withdrawal liability, but also an additional payment called an “exit premium.” The Obama...more

McGuireWoods LLP

Central States Pension Fund Submits Plan for Reducing Benefits

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On Sept. 25, 2015, the Central States, Southeast and Southwest Areas Pension Plan (Central States), submitted to the Department of the Treasury a plan for reducing benefits under the Multiemployer Pension Reform Act of 2014...more

Seyfarth Shaw LLP

Is An Asset Purchaser Liable For Seller’s Withdrawal Liability?

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Many asset buyers believe that, as long as they do not agree to ERISA Section 4204’s sale of assets exception to withdrawal liability, they will acquire the seller’s assets free and clear of any prior contribution history and...more

Polsinelli

Employers Should Start Preparing Now for Big Changes Coming to Multiemployer Pension Plans

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Yesterday, President Obama signed into law the most comprehensive legislation affecting multiemployer pension plans since the Multiemployer Pension Plan Amendments Act of 1980. The Multiemployer Pension Reform Act of 2014...more

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