An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024).

Withdrawal Liability Generally

Withdrawal liability is a statutory liability imposed on employers whose obligation to contribute to union pension funds (called multiemployer pension plans) ceases in whole or part. These rules were enacted in 1980 as part of the Multiemployer Pension Plan Amendments Act (MPPAA). Because MPPAA is a remedial statute, courts have often held that it should be liberally construed in favor of protecting the participants in multiemployer pension plans. Indeed, the statute is dramatically skewed in favor of pension funds and disfavor employers. More…

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Photo of Robert R. Perry Robert R. Perry

Robert R. Perry is a principal in the New York City, New York, office of Jackson Lewis P.C. He has more than 20 years of experience in the area of employee benefits law.

Rob’s practice includes counseling clients on all aspects of employee…

Robert R. Perry is a principal in the New York City, New York, office of Jackson Lewis P.C. He has more than 20 years of experience in the area of employee benefits law.

Rob’s practice includes counseling clients on all aspects of employee benefits and executive compensation. Rob also advocates on behalf of clients in benefits-related disputes, as well as in administrative proceedings before the Internal Revenue Service, the United States Department of Labor and the Pension Benefit Guaranty Corporation.

Photo of David M. Pixley David M. Pixley

David M. Pixley is a principal in the Cleveland, Ohio, and New York City, New York, offices 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…

David M. Pixley is a principal in the Cleveland, Ohio, and New York City, New York, offices 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.