Critical Challenges Facing Pension Withdrawal Liability

Lorman Education Services

Understand the nature of withdrawal liability and how to best analyze the risk.

Contributing to a multiemployer pension plan can, in some circumstances, have far-reaching effects for an employer, one of which is resulting in substantial withdrawal liability payments because many plans are undefended. Frequently, employers enter into these arrangements without fully understanding the consequences, or the strategies that may be employed to mitigate potential withdrawal liability.

This topic will help employers understand the nature of withdrawal liability, how to best analyze the risk of withdrawal liability, and how to reduce exposure to withdrawal liability. You will come away with an understanding of successor liability in transactions, as well as controlled group liability, which makes trades or businesses under common control jointly and severally responsible for withdrawal liability. Additionally, the information will outline specific strategies available when employers are preparing to withdraw or are in the need to resolve a dispute with a fund.

This material is critical for any employer that contributes to a multiemployer fund.

Learning Objectives:

• You will be able to discuss withdrawal liability rules and their exceptions.
• You will be able to explain how withdrawal liability may be triggered as a result of corporate transactions.
• You will be able to identify controlled groups to see the reach of withdrawal liability claims.
• You will be able to recognize potential successor liability issues with respect to withdrawal liability.

Faculty: Eric W. Gregory, Attorney, Dickinson Wright PLLC

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