By: Ronald Kramer

Since the passage of the Pension Protection Act in 2006, there has been an ongoing debate as to whether a surcharge imposed by a multiemployer pension plan in critical status is part of the employer’s “contribution rate” such that that extra amount — which can be 10% of an employer’s contribution —

By: Ronald Kramer and Chris Busey,

“Mom and Pop” learned the hard way that the Seventh Circuit will not hesitate to find business owners who own rental real estate and other commonly controlled businesses jointly and severally liable for withdrawal liability.   

In Central States Southeast and Southwest Areas Pension Fund v. Messina Products, LLC

By Kathleen Cahill Slaught and Sheryl Skibbe

On August 20, 2012, in the case of Chicago Truck Drivers Helpers and Warehouse Workers Union (Independent) Pension Fund v. CPC Logistics Inc., No. 11-3034, the Court of Appeals for the Seventh Circuit affirmed an arbitrator’s decision that the pension plan trustees over-assessed an employer’s withdrawal liability

 By D. Ward Kallstrom and Justin T. Curley

In HOP Energy, LLC v. Local 553 Pension Fund, No. 10-3889-cv, the Second Circuit affirmed a district court’s ruling that Plaintiff HOP Energy, LLC (“HOP”) could not use ERISA’s asset sale exception to avoid $1.2 million in withdrawal liability, because the purchaser was permitted under the

By: Ronald Kramer and Jim Goodfellow

On March 16, 2012, the Sixth Circuit Court of Appeals joined the Third Circuit in finding that when a union agrees in a collective bargaining agreement to indemnify an employer in the event that the employer is assessed multiemployer pension plan withdrawal liability, there is no violation of public