News & Analysis as of

Statutory Interpretation Pensions

Proskauer - Employee Benefits & Executive...

District Court Holds Pension Fund Misapplied Prior Partial Withdrawal Liability Credit

A federal district court in Illinois became the first court to rule that an employer’s credit for a prior partial withdrawal should be applied at the end of the statute’s “waterfall” for calculating withdrawal liability. The...more

Proskauer - Employee Benefits & Executive...

Seventh Circuit Affirms that Employer’s Withdrawal Liability Cannot Be Based on Post-Rehabilitation Plan Contribution Increases

We recently reported on a district court decision holding that the Central States Pension Fund’s calculation of withdrawal liability should not have included contribution rate increases imposed after the Fund’s implementation...more

Hogan Lovells

Celebrating a Century: The enduring relevance of the Trustee Act 1925 for UK Pension Trustees

Hogan Lovells on

2025 marks the centenary of the Trustee Act 1925, which received Royal Assent in Parliament on 9 April 1925. This article explores how, 100 years on, the Act continues to provide crucial guidance and protection for trustees,...more

Tucker Arensberg, P.C.

Third Circuit Validates Pension Plan’s Right to Revise Withdrawal Liability Assessment and Its Enforcement in Federal Court

Tucker Arensberg, P.C. on

In Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025 Mar. 27, 2025), the United States Court of Appeals for the Third Circuit (“Third Circuit”) reversed the district...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Babcock v. Kijakazi

On January 13, 2022, the U.S. Supreme Court decided that civil-service pension payments received by dual-status military technicians are not payments based on “service as a member of a uniformed service” under 42 U.S.C. §...more

Epstein Becker & Green

Supreme Court Denies Claim of Dual-Status Military Technician in Retirement Benefits Dispute: SCOTUS Today

Epstein Becker & Green on

The Court has resumed issuing opinions with its holding in Babcock v. Kijakazi, Acting Commissioner of Social Security. This case of statutory interpretation is of particular interest to the relatively small set of...more

Tucker Arensberg, P.C.

Federal Court Appoints a Traditional Labor and Pension Arbitrator, Rather Than a Former Federal Judge, to Resolve $205 Million...

Under ERISA, withdrawal liability disputes are subject to mandatory arbitration. The parties are tasked with mutually selecting the arbitrator, but if they reach an impasse in the selection process, a federal district court...more

McDermott Will & Emery

Federal District Court Dismisses Pension Actuarial Equivalence Lawsuit

McDermott Will & Emery on

A federal district court recently handed plan sponsors their first victory in a string of actuarial equivalence lawsuits filed against large defined benefit pension plans. Although the decision is a positive development for...more

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