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Strike - Last Offer - withdrawal liability?


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Guest tintree73
Posted

We are coming toward the end of a strike situation (we hired permanent replacements, etc.). Now, we finally have an agreement - but the new agreement provides that we no longer have to contribute to the Union's multiemployer-DB plan (rather we are putting a 401(k) plan in place - sponsored by the employer/not the union - per the terms of the new C A).

Because the union agreed to this, do we have a withdrawal-type of situation? I'm a little confused because some of the striking employees have accrued benefits under the union's multiemployer DB plan - but we no longer have to contribute and no employee accrues any more benefits under the union's DB plan (per the new agreement).

Do we have to send a letter to the fund asking for our withdrawal liability or have we not withdrawn b/c of the accrued benefits that some of the strikers have under the union's pension fund? I'm just a bit confused on how this is all going to play out :)

Posted

Yes you have withdrawal liability. Unless you fall under the expected industries. You had obligation to contribute and not you don't have obligation to contribute. This is complete withdrawal.

JanetM CPA, MBA

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