Multiemployer Pension Plan Withdrawal Liability: Anatomy of the Claims and Defenses
Underfunded multiemployer pension plans are tasked with imposing withdrawal liability against employers who depart the pension plan or who significantly reduce their participation in the plan. The rules governing withdrawal liability are found in the Multiemployer Pension Plan Amendment Act of 1980 (the MPPAA). For many reasons, withdrawal liability has become prevalent and significant.
Employers who have consistently paid contributions to pension plans for years discover they may be assessed millions of dollars if they choose to depart from a multiemployer plan. And, the plan is charged with recovering funds owed to it to assure the plan’s on-going viability and payment of future benefits.
In this Knowledge Group LIVE webcast on the MPPAA’s Withdrawal Liability claims and defenses, a panel of distinguished professional will help you understand the most critical issues, which include:
- Overview of Multiemployer Pension Plans and Withdrawal Liability
- When does a withdrawal occur?
- Assessments of withdrawal liability – when should they be made and how should the employer respond?
- Special industry provisions, in particular the Building and Construction Industry rules.
- Recent MPRA changes
- Recent Developments in Successor Liability and Controlled Group Liability.
- Arbitrating and Litigating Withdrawal Liability under the MPPAA.
- Settling withdrawal liability
Baker & McKenzie LLP
- Overview of Multiemployer Pension Plan and Withdrawal Liability and When does a withdrawal occur
- Assessments of withdrawal liability – When should a Fund make them and how may an employer respond
- Special Industry Rules
- Recent developments in Successor Liability and Controlled Group Liability
- Arbitrating and litigating Withdrawal Liability
- Settling Withdrawal Liability
Who Should Attend:
- Top Level Management
- Payroll and Benefits Managers
- Employment and Labor Lawyers
- Pension Law Practicing Lawyers
- Pension Plan Administrators
- Trustees or Administrators of Multiemployer Pension Plans
Ruth Marcott, a shareholder at Felhaber Larson in Minneapolis, Minnesota specializing in employee benefits advice and litigation.
In the area of benefits, she provides advice on compliance with federal and state benefits laws (ACA, IRC, ERISA, MPPAA) governing qualified retirement plans (including ESOPs and pension plans), non-qualified plans, health plans and welfare plans. She advises numerous Taft-Hartley Multiemployer Plans, as well as employer-sponsored plans. She litigates ERISA actions, fiduciary claims, multiemployer pension withdrawal liability arbitrations, and executive compensation claims. She defends audits or investigations by the DOL or the IRS. .
Ruth is a graduate of the University of St. Thomas and the University of Minnesota Law School.
Ruth Marcott, a shareholder at Felhaber Larson in Minneapolis, Minnesota specializing in employee benefits advice and litigation. In the area …
Mr. Darch is a member of the Global Automotive Steering Committee and the former Employment Compensation & Labor Practice Group Chair for the Chicago office. He represents and counsels management in the areas of Labor and Employment Law. His practice has a particular emphasis on union relations, corporate transactions, International Framework Agreements, labor management restructuring, Taft-Hartley benefit plan modification, corporate campaigns, leave and absenteeism management, and labor and employment litigation including appellate advocacy. Mr. Darch has represented employers in such highly publicized cases as Kyles v. JK Guardian, the Title VII employment testers case; Dubuque Packing, the case establishing the duty to bargain over work relocations under the National Labor Relations Act; and Esmark v. NLRB, which was at the time, the largest corporate restructuring of a publicly held employer.
Mr. Darch has participated in over 150 hearings before the National Labor Relations Board (NLRB), labor arbitrators, in the federal and state courts, and before administrative agencies. His experience includes representation in such matters as Title VII, sexual harassment, Age Discrimination in Employment Act (ADEA), handicap/disability discrimination (ADA), employment-at-will, absenteeism and leave management, retaliatory discharge, race and national origin discrimination, family leave (FMLA), wage and hour (FLSA and state law), Section 301, pre-emption, veterans status, COBRA, the Employee Retirement Income Security Act (ERISA), state common law claims, discharge arbitrations, and executive employment agreements. Mr. Darch is an experienced appellate court advocate.
His clients include manufacturers, health care and service employers. These employers value strategic planning to meet corporate objectives while avoiding the costs of litigation where possible. He has provided counseling in workforce reductions, severance plans, developing personnel policies, employee handbooks, workplace investigations, maintaining a union-free environment, preparing for and conducting collective bargaining, workforce interruption contingency planning, and corporate/social responsibility. Mr. Darch also has extensive National Labor Relations Board (union) election campaign experience and collective bargaining experience. Before attending law school, Mr. Darch served in the US Navy.
Mr. Darch is a member of the Global Automotive Steering Committee and the former Employment Compensation & Labor Practice Group …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Felhaber Larson
Felhaber Larson is a full-service law firm located in Minneapolis & St. Paul with a more than 70-year history of serving clients. We offer a full range of services, with a strong emphasis on employee benefits, labor & employment law, business law and transactions, real estate, business, health law and civil litigation.
The Felhaber brand is Small Firm Relationships, Large Firm Impact. That's the promise we deliver to all of our clients who range from Fortune 500 companies to small businesses, start-ups and individuals.
About Baker & McKenzie LLP
Baker McKenzie helps clients overcome the challenges of competing in the global economy. We solve complex legal problems across borders and practice areas. Our unique culture, developed over 65 years, enables our 13,000 people to understand local markets and navigate multiple jurisdictions, working together as trusted colleagues and friends to instill confidence in our clients. (www.bakermckenzie.com)