Information Requested Under ERISA 4219(a)

[Guest merlin]

I have a client whose union employees are covered under the Central States Southeast and Southwest Areas Pension Fund. A representative of the Fund has contacted my client with a request for information under ERISA 4219(a). The request seems to be a form letter asking for what appears to be routine information about the nature of my client's business. I don't do multiemployer work, but I know that 4219 deals with withdrawal liability. He's not withdrawing. Are they just compiling a list of employers who might be assessed the wdrl liability? Or something else?

[GBurns]

It has become very popular to cite statutes and case law etc that are either irrelevant or plain erroneous. I guess it makes the request or argument seem valid and seems to be done because it is not expected that the cite or quote etc will be checked.

My opinion is that they are trying to con you into something. If the cite is not relevant I would respond by telling that the request was not valid and was without reason.

Are you sure that this person is really representing the Fund and that your response is going to the Fund and not some marketing group trying to expand their database?

[Guest merlin]

It was a legitimate request for information that the Fund needed to supply under a court order. Thank you for your help.

[Bill Ecklund]

For some reason Central States sent this letter to a lot of contributing employers. I am in the process of finding out why. The reference to 4219(a) is the section that allows a plan to request information to make sure the plan can comply with the withdrawal liability rules of 4201 et. seq. In the past these letters were usually generated by reason of some change in the employer (ie. the employer stopped contributing). These series of letters appear not to have been generated as a result of that. Also the questionnare that accompanied the letter is not their standard "statement of business affairs". The letter is legitimate and should not be ignored.

[Guest merlin]

Call Harry Keil at the CSS at 847-518-9800. His title is Manager, Special Accounts Litigation Support.