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 vested benefits (Withdrawal Liability) will generally only have 90 days to properly respond or be forever barred from raising any defenses except payment in full. The deadlines for initiating arbitration are even trickier. An employer must initiate arbitration on the earlier of: (1) 60 days after the date the plan responds to the employer’s request for a review; or (2) 180 days after the employer’s request for review. An unwary employer may miss the arbitration deadline by simply expecting the MEPP to respond to the request for review, which it has no obligation to do.  More…

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Photo of David M. Pixley David M. Pixley

David M. Pixley is a principal in the Cleveland, Ohio office of Jackson Lewis P.C. His practice focuses on employee benefits and ERISA litigation.

David’s practice includes counseling clients on all aspects of employee benefits and ERISA litigation involving single employer and multiemployer…

David M. Pixley is a principal in the Cleveland, Ohio office of Jackson Lewis P.C. His practice focuses on employee benefits and ERISA litigation.

David’s practice includes counseling clients on all aspects of employee benefits and ERISA litigation involving single employer and multiemployer benefit plans.

In addition to his extensive courtroom experience, David routinely advises and counsels clients with regard to employee benefit plan compliance, administration, participant disclosures, reporting and drafting requirements under ERISA, the Internal Revenue Code, ACA, HIPAA and COBRA. David assists clients in correcting errors under the IRS’ Employee Plans Compliance Resolution System and the DOL’s Voluntary Fiduciary Correction Program. He also advises employers and investors on multiemployer benefit plan issues that arise during a corporate restructuring and in the context of M&A transactions.

Prior to joining Jackson Lewis, David served as outside Fund Counsel to multiemployer pension and welfare plans and has extensive experience with employer withdrawal liability, payroll audits, and delinquent contribution matters. He routinely speaks and writes about the issues facing employers contributing to and exiting multiemployer plans.

At the Ohio State University, he was a member of the Rugby Football Club. After law school, prior to beginning his career as an attorney, David was deployed as a member of the Ohio Army National Guard and awarded the Global War on Terrorism Expeditionary Medal.