News & Analysis as of

Retirement Plan Employee Benefits Multi-Employer Pensions

Littler

Third Circuit Holds Multiemployer Pension Fund Claim Cannot Be Enforced due to Unreasonable Delay in Providing Notice of...

Littler on

In July, the Third Circuit upheld a District of New Jersey decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably...more

Troutman Pepper

Multiemployer Pension Plans in Mergers and Acquisitions — Troutman Pepper Podcast

Troutman Pepper on

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

2023 Form 5500 changes announced

The 2023 Form 5500, which will be filed beginning in mid-2024, includes the following changes...more

Cozen O'Connor

SECURE ACT 2.0: Wow, What a Difference an Act Makes!

Cozen O'Connor on

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains...more

Faegre Drinker Biddle & Reath LLP

Multiemployer Pension Plan Alert: Evergreen Clauses May Trump the Bargaining Parties’ Subsequent Agreement

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Central States, Southeast and Southwest Areas Pension Fund may continue its lawsuit against Transervice Logistics, Inc. and Zenith Logistics, Inc. seeking...more

Jackson Lewis P.C.

Plan Terms and Tax Rules: What Does “Retire” Mean To Qualify for Retirement Benefits?

Jackson Lewis P.C. on

In Metzgar v. U.A. Plumbers & Steamfitters Local No. 22 Pension Fund, 2022 U.S. App. LEXIS 5466 (2d Cir. Mar. 2, 2022), the Second Circuit in a summary order affirmed the district court’s decision granting summary judgment in...more

Morgan Lewis - ML Benefits

VAPPs in Vogue: Increased Flexibility Breathes Life into a Longstanding Multiemployer Pension Plan Design

Although variable annuity pension plan (VAPP) designs have been permissible for decades, they have not yet seen widespread adoption—particularly in the Taft-Hartley multiemployer plan space. This post provides a brief...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Special Financial Assistance for Multi-employer Pension Plans (Part 2)

This episode of The Proskauer Benefits Brief is the second of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Special Financial Assistance for Multiemployer Pension Plans (Part 1)

This episode of The Proskauer Benefits Brief is the first of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer...more

Faegre Drinker Biddle & Reath LLP

PBGC Publishes Final Rule Allowing Simplified Withdrawal Liability Calculations Applicable to Benefit Reductions, Benefit...

On Friday January 8, the Pension Benefit Guaranty Corporation (PBGC) published a final rule that provides multiemployer pension plans with additional methods to help calculate employer withdrawal liability. The rule includes...more

Dickinson Wright

PE Funds Are Not Part of Controlled Group; What About Your Company?

Dickinson Wright on

Earlier this month, the U.S. Supreme Court denied a request to review the First Circuit Court of Appeals decision in the Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund case, thereby...more

Morgan Lewis

IRS Notice 2020-68 Provides SECURE Act and Miners Act Guidance

Morgan Lewis on

Notice 2020-68 from the Internal Revenue Service provides clarifications for sponsors and administrators of 401(k) plans and other qualified retirement plans, 403(b) plans, and 457(b) governmental plans on certain provisions...more

Stinson LLP

Multiemployer Pension Reform Likely on the Table in Phase 4 Coronavirus Bill

Stinson LLP on

Since the coronavirus (COVID-19) first emerged as a serious health emergency, Congress has moved quickly to pass three major pieces of legislation designed to address the public economic and health crises caused by the...more

BCLP

COVID-19: Considerations for U.S. Contributing Employers to Multi-employer Plans

BCLP on

The COVID-19 pandemic has had a significant financial impact on business and individuals around the globe, with global financial markets seeing significant drawbacks in March 2020 alone. That impact has also been felt by U.S....more

Jackson Lewis P.C.

Republicans Propose Wholesale Reform Of Multiemployer Pension Plan System

Jackson Lewis P.C. on

In a white paper and technical explanations, Republican Senators Charles E. Grassley (Chairman of the Senate Committee on Finance) and Lamar Alexander (Chairman of the Senate Committee on Health, Education, Labor and...more

Locke Lord LLP

First Circuit Holds Affiliated Investment Funds Not Liable For Multiemployer Withdrawal Liability

Locke Lord LLP on

Private equity fund sponsors can breathe a sigh of relief last week as the First Circuit Court of Appeals, reversing a district court finding, held that two separate private equity funds sharing a general partner (Sun Capital...more

Baker Donelson

Department of Labor Expands Accessibility to Multi-Employer Retirement Plans

Baker Donelson on

On July 29, 2019, the United States Department of Labor (DOL) issued a Final Rule on Association Retirement Plans (ARPs) (the Final Rule), defining how an employer, association, or professional employer organization (PEO) can...more

Stoel Rives -  Ahead of Schedule

Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments

If you use union employees in your projects, you may contribute to a multiemployer pension plan—perhaps a few cents or few dollars per hour worked. However, some employers are surprised to learn they could be assessed with...more

Littler

Seventh Circuit Holds that a Deceleration of Withdrawal Liability is Unavailable Under ERISA’s Common Law

Littler on

In Bauwnes v. Revcon Technology Group, Inc., the U.S. Court of Appeals for the Seventh Circuit held that the trustees of a multiemployer pension plan could not agree to an employer’s installment payment plan of its withdrawal...more

Seyfarth Shaw LLP

ERISA Means What It Says And Nothing More

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the Seventh Circuit recently held that once a multi-employer pension fund accelerates withdrawal liability periodic payments into a lump sum liability, there is no statutory...more

King & Spalding

Compensation and Benefits Insights – August 2019

King & Spalding on

Multiple Employer Plans: Proposed IRS Regulations Eliminate the “One Bad Apple” Rule - A multiple employer plan (MEP) is a tax qualified retirement plan that is maintained by two or more employers who are not part of the...more

Bricker Graydon LLP

House passes SECURE retirement bill with overwhelming bipartisan support

Bricker Graydon LLP on

On May 23, 2019, the U.S. House of Representatives overwhelmingly passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 (H.R. 1994), which is intended to provide greater incentives for...more

Jackson Lewis P.C.

Court Finds Union’s Withdrawal Liability Indemnification Obligation Of Limited Duration

Jackson Lewis P.C. on

Congress enacted the withdrawal liability provisions of the Multiemployer Pension Plan Amendments Act (MPPAA) with the ultimate goal of protecting participants and beneficiaries entitled to benefits from multiemployer pension...more

Jackson Lewis P.C.

The President Urges Regulatory Action To Expand Access To Employer-Sponsored Retirement Plans

Jackson Lewis P.C. on

On August 31, 2018, President Trump issued an Executive Order (the “Order”) calling on the Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) to consider issuing regulations and guidance directed at...more

Robinson & Cole LLP

Federal Budget Deal Includes Changes to Retirement Provisions

Robinson & Cole LLP on

The Bipartisan Budget Act of 2018 (Act) was approved by Congress and signed into law by the President on February 9, 2018. Included in the Act are certain provisions impacting retirement plans that were initially considered...more

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