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Article Index » employee benefits » multi-employer plans
Report Link Many Pension Protection Act Provisions on Multiemployer Plans Take Effect This Year.
McGuire Woods LLP - June 20, 2008
One of the primary objectives of the Pension Protection Act of 2006 (“PPA”) is to shore up the funding of defined benefit pension plans, including multiemployer plans. As most of the PPA provisions on multiemployer pension plans take effect for plan years beginning this year (2008), it is worthwhile to review some of these provisions and how they affect contributing employers.
Report Link New Multiemployer Pension Plan Funding Rules Begin Impacting Employers in April 2008.
Buchanan Ingersoll & Rooney PC - April 11, 2008
Employers that contribute to a multiemployer pension plan should watch the mail for an important new notice that the plan's trustees will send if the plan's funded status is low enough to be considered "endangered" or "critical." The notice is required by the Pension Protection Act of 2006 (PPA), 26 U.S.C. §432 and 29 U.S.C. §305, as supplemented by regulations the United States Department of Labor (DOL) proposed in late March, 2008, 73 Fed. Reg. 14417 and 15688. This e-alert briefly explains why the notice is being sent and the new obligations that the PPA imposes on employers, unions, and trustees who are involved with multiemployer pension plans in "endangered" or "critical" status.
Report Link High Noon for Multiemployer Pension Plans.
Fisher & Phillips, LLP - April 02, 2008
Certain notice and funding provisions of the Pension Protection Act (PPA) became law January 1, 2008, and the first impact of these requirements is about to be felt. On or about March 30 most multiemployer pension plans will be sending status notices to employers and others. Many of these notices will contain bad news, although some will not. Here's what's going on in somewhat non-technical terms.
Report Link Practical Insights: Is Your Multi-Employer Pension Plan Threatening to Terminate Early Retirement Benefits For Your Employees If You Withdraw From the Plan?
Ford & Harrison LLP - March 26, 2008
Some union trustees of labor-management multi-employer pension plans (“MEPS”) that are greatly under-funded are using the Pension Protection Act of 2006, (“PPA”) to threaten not to pay plan participants early retirement benefits if their employers withdraw from the plan. In fact, one pension fund is saying that its trustees soon may adopt a rule that future retirees who last worked in a bargaining unit that voluntarily withdraws from the pension fund risk elimination or reduction of benefits payable prior to age 65.
Report Link Pension Plan Withdrawal Liability Can Reach Estate Planning and Investment Activities.
Buchanan Ingersoll & Rooney PC - November 20, 2007
Recent cases demonstrate the broad reach of pension plan withdrawal liability. Under the Multiemployer Pension Plan Amendments Act, 29 U.S.C. 1381 et seq, an employer that ceases to participate in a multiemployer pension plan may be responsible for withdrawal liability. Such liability, however, also can be imposed on other trades and businesses under common control with the contributing employer. For example, in McDougall v. Pioneer Ranch Limited Partnership, 494 F. 3d 571 (7th Cir. 2007), the court held a family limited partnership responsible for nearly $4 million in pension plan withdrawal liability that arose when a commonly owned trucking company could not pay. McDougall and other recent decisions illustrate how withdrawal liability can reach entities created for purposes of estate planning and real estate investment.
Report Link Its Baaack: The Reemergence of Withdrawal Liability and It's Impact on Employers Participating in Multiemployer Pension Plans.
Littler Mendelson, P.C. - September 01, 2005
While withdrawal liability had been a fact of life for employers participating in multiemployer plans since 1980, throughout much of the 1990’s and into the first couple of years of the 21st century it had little impact on many employers due to the strong funding position of many multiemployer plans. However, with several consecutive years of lackluster equity markets, and the inability or unwillingness of many plans to reduce benefits, many funds have experienced ballooning withdrawal liability and some have come dangerously close to funding deficiencies. This Benefits Insight reviews for employers what withdrawal liability is, how many funds have once again found themselves assessing withdrawal liability, and strategies for employers to avoid triggering an assessment of withdrawal liability.

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