Multiemployer Plan Withdrawal Liability: Key Developments in 2019
Under the 1980 Multiemployer Pension Plan Amendments Act (MPPAA), when an employer withdraws from a multiemployer pension plan, whether it is a complete or a partial withdrawal, the employer will still be liable for its part of the plan's underfunding. Employers can reduce or eliminate withdrawal liability through a number of MPPAA provisions including de minimis rule (ERISA § 4209), sale of assets exemption (ERISA § 4204), and reduction of partial withdrawal liability (ERISA § 4208).
In August 2018, the Pension Benefit Guaranty Corporation (PBGC) issued a policy statement with information on how employers can satisfy withdrawal liability.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in multiemployer plan withdrawals. Speakers will also present best compliance practices and strategies.
Some of the major topics that will be covered in this course are:
- Multiemployer Plan Withdrawals – Recent Developments and Issues
- PBGC Rules
- Arbitrating, Litigating, and Settling Withdrawal Liability
- Withdrawal Liability Provisions
- Best Compliance Practices and Strategies
First Actuarial Consulting, Inc. [FACT]
- The state of multiemployer pension plans ("MEPPs")
- Legislative proposals in the 115th Congress
- The Joint Select Committee on Multiemployer Plans: A failed experiment
- Legislative proposals in the 116th Congress
- Suggestions by the American Academy of Actuaries
- Key litigation Issue: Discount rate for withdrawal liability
Who Should Attend:
- Top Level Management
- Payroll and Benefits Managers
- Human Resource Executives
- Employment and Labor Lawyers
- Pension Plan Administrators
- Other Related and Interested Professionals
Evan Miller, who co-chairs the Firm's Employee Benefits and Executive Compensation Practice, litigates employee benefits issues on behalf of corporate plan sponsors, multiemployer plan contributors, and institutional and individual ERISA fiduciaries. He also is actively engaged in special projects relating to the restructuring of pension and retiree health liabilities.
Evan's recent litigation engagements include representation of the New York Times, C&S Wholesale Grocers, and Peabody Energy in withdrawal liability arbitrations; CBS, Macy's, and Xerox in class actions alleging breach of fiduciary duty; and Peabody Energy in an ERISA section 510 class action. He also recently represented employer trustees of the New York State Nurses Retirement System in a trustee deadlock arbitration.
Evan Miller, who co-chairs the Firm's Employee Benefits and Executive Compensation Practice, litigates employee benefits issues on behalf of corporate …
In May 2013 Mr. Egelberg became a consulting actuary in the Times Square office of FACT. Prior to joining FACT, he coordinated the development of another major firm’s national actuarial and consulting services to U.S. multiemployer funds. He has over 35 years of experience with retirement programs, helping clients address design, funding, compliance, administration, and communication issues. Since 1993, he has been focusing on multiemployer pension plans and has experience with funds of all sizes in a wide variety of industries including manufacturing, building and construction, entertainment, retail, and transportation. Mr. Egelberg is a frequent speaker at trustee- and professional-education conferences for actuaries and attorneys and is author on issues relating to funding under the Pension Protection Act of 2006, the Multiemployer Pension Reform Act of 2014, and withdrawal liability. He is a contributing editor of the Journal of Pension Benefits for multiemployer issues. He has championed mentoring and training programs for actuarial students and had been a frequent speaker at the International Foundation of Employee Benefits Plans’ intern program. Mr. Egelberg has just been re-seated to serve his second term as a member of the International Foundation's Professionals Committee, and he is currently developing a multiemployer track as a member of the Pension Section of the Annual Meeting Committee of the Conference of Consulting Actuaries. He is an associate of the Society of Actuaries, a fellow of the Conference of Consulting Actuaries, a member of the American Academy of Actuaries, and an enrolled actuary under ERISA. Mr. Egelberg holds a B.A. in music and physics from Queens College of the City University of New York.
In May 2013 Mr. Egelberg became a consulting actuary in the Times Square office of FACT. Prior to joining FACT, …
Print and review course materials
Method Of Presentation:
Basic knowledge of ERISA benefits and compensation
NY Category of CLE Credit:
Areas of Professional Practice
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About Jones Day
Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
About First Actuarial Consulting, Inc. [FACT]
Our firm was founded and incorporated as an “LLC” in 2002 as a result of our clients’ encouragement of us to fill a need for a high-quality actuarial consulting firm, attentive to the needs of collectively bargained multiemployer plans. We have offered pension and welfare fund actuarial consulting services, specifically to Taft-Hartley defined benefit plans, since our inception in 2002. In 2009, we changed our tax designation from an LLC to that of an S-Corporation and changed our name to First Actuarial Consulting, Inc.
We currently have six accredited actuaries who average over 25 years of experience providing actuarial consulting services with a focus almost exclusively on the multiemployer plan area. Some speak and write frequently on relevant topics and are considered to be "thought leaders" within our industry. Our staff includes Associates of the Society of Actuaries, members of the American Academy of Actuaries, Fellows of the Conference of Consulting Actuaries, Enrolled Actuaries and members of the International Foundation of Employee Benefit Plans (IFEBP) as well as members of the IFEBP's Professionals Committee.
We serve many other multiemployer and single-employer funds, the latter being mostly pension and welfare plans that benefit staff members of unions and those who administer related, collectively bargained industry benefits funds. We provide ongoing consulting services to a total of approximately 60 pension and welfare funds.