Extension of Time to Arbitrate Withdrawal Liability

[Brian Haynes]

Can the employer and pension fund agree to extend the deadline for the employer to commence arbitration? I recall that PBGC Regulation 4221.36(b) used to allow for this provided that the fund had already made the assessment. Thanks.

[Bill Ecklund]

Can the employer and pension fund agree to extend the deadline for the employer to commence arbitration? I recall that PBGC Regulation 4221.36(b) used to allow for this provided that the fund had already made the assessment. Thanks.

The answer is yes. Genrally the plan and the employer will enter into a tolling agreement

[Brian Haynes]

Thanks Bill. PBGC Reg. 4221.3(b) allows the parties to agree on an extension of time to arbitrate once liability has been assessed by the fund. Always appreciate your thoughts.