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Impact of a COVID-19 Temporary Furlough on Multiemployer Plan Withdrawal Liability
Akin Gump Mar. 27, 2020 "The initial determination of whether an employer's contribution cessation is permanent or temporary is made by the plan sponsor (the board of trustees of the [multiemployer plan]) and is generally upheld unless shown by the preponderance of the evidence to be clearly erroneous.... [B]ased on current guidance, a [multiemployer plan] does not have a solid legal basis to assess complete or partial withdrawal liability against an employer for a cessation of contributions as a result of a furlough in connection with COVID-19." |
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