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Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly

A recent decision from the Southern District of New York reveals that courts may be inclined in some withdrawal liability cases to narrowly apply the building and construction industry exemption based on the nature and...more

Correcting Retirement Plan Overpayments: Relief and Restrictions From SECURE 2.0

The Consolidated Appropriations Act of 2023, which was signed into law on December 29, 2022, includes numerous provisions impacting retirement savings plans, which are collectively referred to as SECURE 2.0. SECURE 2.0...more

SECURE 2.0: A Summary of Key Changes Impacting Employer-Provided Retirement Plans

President Biden is expected to sign the 2023 Consolidated Appropriations Act (CAA) this week. The law, which passed the House and Senate on Dec. 23 and Dec. 22, respectively, contains significant changes to employer-provided...more

PBGC Proposes Rule Change for Withdrawal Liability Discount Rates

In an apparent effort to resolve uncertainty caused by court rulings, the Pension Benefit Guaranty Corporation has proposed that actuaries of multiemployer pension plans should be allowed to use any interest rate for...more

What Employers That Contribute to Multiemployer Plans Receiving 'Special Financial Assistance' Need to Know

In a prior alert, we detailed how the Interim Final Rule (IFR) from the Pension Benefit Guaranty Corporation (PBGC) regarding the special financial assistance (SFA) provided under American Rescue Plan Act of 2021 (ARPA) would...more

Federal Appellate Ruling on the Segal Blend May Change Calculation of Pension Fund Withdrawal Liability

In a highly anticipated and thorough opinion, the 6th Circuit Court of Appeals concluded that use of the Segal Blend by a multiemployer pension plan (MEPP) in calculating an employer’s withdrawal liability violated ERISA. ...more

Withdrawal Liability Concerns For Employers To Multiemployer Pension Plans That Receive Special Financial Assistance

The American Rescue Plan Act of 2021 (ARPA) provides “special financial assistance” (SFA) for certain troubled multiemployer defined benefit pension plans (MEPPs). Although ARPA outlined the big picture of how these troubled...more

Withdrawal Liability Discount Rate Litigation Continues, With The Segal Blend Method Rejected

The element that perhaps most significantly impacts the amount of an employer’s withdrawal liability – or indeed whether an employer even has withdrawal liability at all – is the actuarial method and interest rate used to...more

Asset Purchaser Defeats Successor Liability Claim For Unpaid Withdrawal Liability

Over the past several years, there has been a significant increase in multiemployer pension funds relying upon the successor liability doctrine in seeking to recover unpaid withdrawal liability from asset purchasers. The...more

Summary Of CARES Act Provisions Affecting Employer-Sponsored Retirement Plans

The Coronavirus Aid, Relief and Economic Security Act or CARES Act, signed into law on March 27, 2020, includes many employment and employee benefit plan provisions. Set forth below is a summary of the significant changes...more

Workforce Reductions During The Pandemic And Multiemployer Pension Plan Withdrawal Liability

When assessing whether workforce reductions are needed due to the COVID-19 pandemic – and, if so, to what extent and for how long – employers that contribute to multiemployer defined benefit pension funds on behalf of a...more

How Workforce Changes In Response To COVID-19 Affect Group Health Plans

Numerous workforce changes are happening in connection with the COVID-19 pandemic. In addition to the surge of employees now working from home, many employers must take other personnel actions such as reducing work hours,...more

Understanding Mass Withdrawal Liability And Available Alternatives

Withdrawal liability is not well understood by many employers who contribute to multiemployer defined benefit pension funds because it is both complex and daunting. Mass withdrawal liability is perhaps even less well...more

Private Equity And Withdrawal Liability: Lessons From Sun Capital

It is not uncommon for private equity funds to reconsider the desirability of a prospect when they learn that the company contributes to an underfunded multiemployer defined benefit pension fund. But because of the hesitation...more

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