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District Court Holds a Surcharge Is Not a Contribution for Purposes of Determining a Withdrawn Employer's Payment Schedule
Seyfarth Shaw 
Apr. 24, 2014 "While 'contribution rate' is undefined, ERISA defines 'obligation to contribute' as an obligation to contribute arising 'under one of more collective bargaining (or related) agreements,' or 'as a result of a duty under applicable labor-management relations law.' [ERISA section 4212(a).] Given this, the court found that a surcharge required by the PPA arises under ERISA, not a collective bargaining agreement or labor-management relations law. Thus, the surcharge could not be considered part of the contribution rate." [Board of Trustees of the IBT Local 863 Pension Fund v. C&S Wholesale Grocers/Woodbridge Logistics LLC, No. 12-7823 (D.N.J. Mar. 19, 2014)] MORE >> |
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