Multi-Employer Pension Plans: Continued Participation or Withdrawal?
Evaluating Risks, Meeting Contribution Obligations, and Minimizing Withdrawal Liability
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide counsel to employers in multi-employer pension plans with an overview of factors to consider when determining contribution obligations under the Pension Protection Act (PPA) and contemplating withdrawal from the plans. The panel will outline best practices to evaluate plan status and minimize potential risks.
Outline
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Multi-employer pension plans—overview
- Employer obligation to contribute to plan (collective bargaining agreement, trust fund agreement)
- How employer contribution is determined
- Impact of current market forces on plan values
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New liabilities facing employers
- Increased contribution obligations under the PPA
- Withdrawal liability
- Surcharges and benefit reductions in “critical” plans
- Aggressive auditing by multi-employer plans
- FASB disclosure requirements
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Best practices for employers
- Determine interplay between PPA and expiration dates of collective bargaining agreements
- Develop collective bargaining strategy for addressing PPA risks
- Analyze potential withdrawal liability
- Determine whether plans are “critical” and develop a rehabilitation plan
- Proactive communications with unions and their employees
Benefits
The panel will review these and other key questions:
- What new liabilities face employers participating in multi-employer pension plans?
- How does the PPA interact with the expiration dates of collective bargaining agreements?
- How can employers develop collective bargaining strategies to deal with risks imposed by the PPA?
- How should employers respond to a critical status/surcharge notice from a multi-employer pension plan?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
James P. McElligott
Partner
McGuireWoods
Mr. McElligott handles employment, executive compensation and benefit related matters for corporations and public... | Read More
Mr. McElligott handles employment, executive compensation and benefit related matters for corporations and public agencies. He regularly advises employers on ERISA and denial of benefit issues.
CloseCharles B. (Chuck) Wolf
Shareholder
Vedder Price
Mr. Wolf focuses on labor, employment and employee benefits law and litigation, representing employers and... | Read More
Mr. Wolf focuses on labor, employment and employee benefits law and litigation, representing employers and multiemployer funds. He has extensive experience in all aspects of employee benefit plan design and administration, executive compensation, collective bargaining, NLRB and arbitration proceedings, employment discrimination cases, wrongful discharge cases and general labor and employment matters.
CloseMichael A. Alaimo
Principal
Miller Canfield Paddock and Stone
He represents a variety of companies in pension and welfare benefit litigation, including denial of benefits claims,... | Read More
He represents a variety of companies in pension and welfare benefit litigation, including denial of benefits claims, retiree health benefits and ERISA discrimination claims. Formerly an attorney with the Solicitor of Labor’s Office in the U.S. Department of Labor, he is a frequent lecturer on subjects relating to labor and employment law, including wage and hour and employee benefits questions.
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