Effen Posted July 23, 2015 Posted July 23, 2015 If a "Critical and Declining" plan elects to lower accrued benefits, how does that impact a contributing employer's withdrawal liability? Is that run through the calculation like any other "gain"? In other words, are there any special rules that exempt the impact of the reduction from the withdrawal calculation? The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
Jim Dexter Posted July 23, 2015 Posted July 23, 2015 The benefit suspension is disregarded in calculating withdrawal liability in the same way that the critical status benefit cuts under PPA are disregarded. In other words, suspending benefits does not reduce the employer's withdrawal liability. However, if the employer's withdrawal occurs more than ten years after the effective date of the benefit suspension, then the withdrawal laibility is calculated based on the reduced benefits. This issue is covered in § 305(g)(1) of ERISA as amended by the Multiemployer Pension Reform Act of 2014.
Effen Posted July 23, 2015 Author Posted July 23, 2015 Thank you. Very helpful. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
Laurence Oman Posted January 21, 2016 Posted January 21, 2016 I would go with Jim Dexter your comment .TOTALY AGREE
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