Twenty-two multiemployer pension plans (MEPPs), representing more than 25,000 participants, have filed suit against the Pension Benefit Guaranty Corporation (PBGC) in the United States District Court for the District of Columbia, alleging that the agency improperly denied them access to billions of dollars in emergency retirement funding.

What’s at stake?  In 2021, Congress passed…

  • The Ninth Circuit recently adopted a broader definition of work performed in “the building and construction industry,” potentially expanding the availability of the special definition of complete withdrawal applicable to certain employers and plans in the building and construction industry (the B & C Exception).
  • Since the B & C Exception shields employers from
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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…

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 (MEPPs) to apply for and…

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 effective as guidance on July…