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Home > Federal Law Articles > Employee Benefits > Multi-Employer Plans

Articles Discussing Multi-Employer Pension Plans.

Building and Construction Industry Exemption: Tool to Contest Withdrawal Liability

June 29, 2023 Filed Under: Multi-Employer Plans

Jackson Lewis

The Multiemployer Pension Plan Amendments Act of 1974 (MPPAA) was enacted purposefully by Congress to seize moneys from contributing employers to fund multiemployer defined benefit pension funds regardless of the employers’ culpability for the underfunding of those plans. However, the construction industry is one of a few industries in which the impact of withdrawal liability upon employers has been eliminated.

PBGC Issues Proposed Rule on Withdrawal Liability Actuarial Interest Rate Assumptions

October 14, 2022 Filed Under: Multi-Employer Plans

Littler

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA), published a proposed rule governing employer withdrawal liability.

Withdrawal Liability and The Building and Construction Industry Exception

October 3, 2022 Filed Under: Multi-Employer Plans

Jackson Lewis

Withdrawal liability is a statutory obligation under the Employee Retirement Income Security Act (ERISA) that any unionized employer may have to confront. Exemptions from liability include one applicable to construction industry employers.

More Bad News For Employers In The PBGC Final Rule

July 13, 2022 Filed Under: Multi-Employer Plans

Jackson Lewis

The recently published final regulation implementing last year’s massive multiemployer pension plan bailout contains a very thin silver lining, but overall, more bad news for already overburdened employers.

Last year, the Pension Benefit Guaranty Corporation (PBGC) issued its interim final rule on the process for eligible troubled Multiemployer Pension Plans

Withdrawal Liability Interest Rate Must Reflect Projected Investment Return, D.C. Circuit Holds

July 12, 2022 Filed Under: Multi-Employer Plans

Jackson Lewis

Under the Employee Retirement Income Security Act (ERISA), as amended by the Multiemployer Pension Plan Amendments Act (MPPAA), a company incurs withdrawal liability when it withdraws from a multiemployer pension plan.

Third Circuit Joins Sister Circuits in ‘Employer’ Definition under Multiemployer Pension Plan Amendments Act

April 14, 2022 Filed Under: Multi-Employer Plans

Jackson Lewis

Turning an “American Dream Project” into a nightmare for a New Jersey contractor, the U.S. Court of Appeals for the Third Circuit has held that, under ERISA’s multiemployer pension plan provisions (the Multiemployer Pension Plan Amendments Act of 1974 or MPPAA), a MPPAA employer includes any entity that is obligated to contribute to a plan as either a direct employer or in the interest of one.

Don’t White-Knuckle Withdrawal Liability

April 12, 2022 Filed Under: Multi-Employer Plans

Jackson Lewis

It’s no secret that the statutory deck under ERISA is stacked heavily in favor of multiemployer pension plans (MEPPs) and against employers contributing to (or withdrawing from) Taft-Hartley trust funds. For example, an employer who receives a demand to pay its alleged allocable share of a multiemployer pension plan’s unfunded

Understanding the Multiemployer Pension Plan Construction Industry Exemption

December 30, 2021 Filed Under: Multi-Employer Plans

Jackson Lewis

The Multiemployer Pension Plan Amendments Act (MPPAA), the Employee Retirement Income Security Act’s (ERISA) progeny, can create significant unexpected liabilities for companies that have agreed to collective bargaining agreements (CBAs) requiring participation in and contributions to multiemployer-defined benefit pension funds (often referred to as Taft-Hartley Funds). However, a special exemption is available to employers in the construction industry.

PBGC Issues Interim Rule On Multiemployer Pension Bailout; Impact On Employers Unclear

July 12, 2021 Filed Under: Multi-Employer Plans

Jackson Lewis

On July 9, 2021, the PBGC issued its interim final rule (the “Rule”) on the process for eligible troubled Multiemployer Pension Plans (“MEPPs”) to apply for and obtain Special Financial Assistance (“SFA”) under the American Rescue Plan Act of 2021 (“ARPA”). The Rule was posted on PBGC’s website and became

Multiemployer Pension Plan Reform/Bailout May Be Greater Than Expected; Guidance Still Forthcoming

June 8, 2021 Filed Under: Multi-Employer Plans

Jackson Lewis

The Emergency Pension Plan Relief Act of 2021 (EPPRA), enacted as part of the American Rescue Plan Act of 2021 (ARPA), contained unprecedented financial relief for the most troubled multiemployer pension plans (MEPPs). The MEPPs community is eagerly awaiting guidance from the Pension Benefit Guaranty Corporation (PBGC) on the requirements for MEPPs

Seriously Underfunded Multiemployer Defined Benefit Pension Plans—Relief Finally Arrives

March 17, 2021 Filed Under: Multi-Employer Plans

We had pondered when this day would come. The doomsday scenario that the Pension Benefit Guaranty Corporation (PBGC) would become insolvent in five to six years is now old history. (The new estimated time of PBGC insolvency is the mid-2040s.) Plan participants, the plans, employers, unions, and the PBGC had

Will American Rescue Plan Act Multiemployer Pension Provisions Bring Relief to Employers?

March 15, 2021 Filed Under: Multi-Employer Plans

Jackson Lewis

The American Rescue Plan Act of 2021 includes a modified version of the Butch Lewis Act, referred to as the Emergency Pension Plan Relief Act of 2021 (EPPRA), which restores to financial health more than 100 failing multiemployer pension plans. However, the measure falls well short of any meaningful long-term funding reform.

Is Relief for the Plight of Multiemployer Pension Plans in the Works?

February 26, 2021 Filed Under: Multi-Employer Plans

Jackson Lewis

I – Overview of the Butch Lewis Emergency Pension Plan Relief Act

The much-heralded Butch Lewis Emergency Pension Plan Relief Act of 2021 (the “Butch Lewis Act of 2021”) is closer to becoming a reality as part of the COVID-19 relief bill, which is set for a vote in the

Congress Considers New Multiemployer Pension Reform

February 17, 2021 Filed Under: Multi-Employer Plans

Littler

Without congressional intervention, about 100 multiemployer pension plans are expected to become insolvent in the next 20 years, and some much sooner.  In other words, for these pension plans, their liabilities to retired employees and current employees with vested benefits far outweigh their assets and incoming contributions.

The Emergency Pension Plan Relief Act Proposes Aid to Struggling Multiemployer Pension Plans

January 29, 2021 Filed Under: Multi-Employer Plans

Littler

House Education and Labor Chairman Bobby Scott (D-VA) recently introduced legislation that seeks to provide aid to multiemployer pension plans (MEPs) facing insolvency. Entitled the Emergency Pension Plan Relief Act (EPPRA), the bill would fund this directly from the U.S. Treasury.

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