Rehab plan in critical status

[Guest JM123]

Where a rehab plan has been adopted but an employer has not yet adopted a CBA consistent with the contribution and benefit schedules in such plan, I understand that the contribution schedule cannot be "forced" on the employer until after the existing CBA expires (details omitted). Until the employer adopts the plan, however, a statutory surcharge applies which provides an incentive (among others) to adopt it sooner.

Can the impose the benefit schedule under the rehab plan before the employer adopts it? I do not think so but if that's not right, I would appreciate your letting me know.

Thanks

[Bill Ecklund]

Where a rehab plan has been adopted but an employer has not yet adopted a CBA consistent with the contribution and benefit schedules in such plan, I understand that the contribution schedule cannot be "forced" on the employer until after the existing CBA expires (details omitted). Until the employer adopts the plan, however, a statutory surcharge applies which provides an incentive (among others) to adopt it sooner.

Can the impose the benefit schedule under the rehab plan before the employer adopts it? I do not think so but if that's not right, I would appreciate your letting me know.

Thanks

Assuming the trustees have properly adopted the benefit schedule, that goes into effect irrespective of whether the employer has adopted the default schedule or an alternate schedule.