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Article Index » employee benefits » multi-employer plans » Withdrawal Liability
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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