Authority for Discounted Lump Sum Withdrawal Liability

[Guest MEH]

I have seen the option of offering a discounted lump sump payment for withdrawal liability in a settlement agreement. I am trying to convince a trustee that this is blessed by the DOL/PBGC but cannot find the authority which will do so. Can anyone provide assistance on this? Thanks.

[Peter Gulia]

Do you mean paying LESS than the single-sum (not amortized) amount and nonetheless getting a satisfaction and release of the withdrawal liability?

If so, I've had success in persuading a multiemployer plan's trustees that ERISA's fidicuary duties at least permit them (and could require them) to compromise their withdrawal-liability claim. A part of that persuasion involved citing relevant court decisions and a PBGC opinion letter.

I'd like to help; but I'd want to do so after checking that your client's interest is congruent with my clients' interests. If you're interested, please call me.

[jpod]

"but I'd want to do so after checking that your client's interest is congruent with my clients' interests"

This reminds me of what Don Vito Corleone said to Virgil "The Turk" Sollozo at the end of their meeting in G-1.