ERISACourt RulingsSep 17, 2026★ strong match
…t parts of
the same statute … are presumed to have the same meaning.”). When discussing the partial withdrawal liability credit,
§ 1386(b)(1) provides that an employer’s partial withdrawal
liability shall “reduce[]” “any withdrawal liability … in a subsequent year.” 29 U.S.C. § 1386(b)(1). The question is what
does “wi…
86 FR 1256 — Methods for Computing Withdrawal Liability, Multiemployer Pension Reform Act of 2014 PBGCFinal Rules (FR)Jan 8, 2021★ strong match
…t does not affect the value of adjustable benefit reductions and benefit suspensions in calculating withdrawal liability. In the final rule, PBGC is clarifying in new § 4211.12(d)(3) that in the case of a plan that primarily covers employees in the building and construction industry, the plan year designated by a plan …
84 FR 2075 — Methods for Computing Withdrawal Liability, Multiemployer Pension Reform Act of 2014 PBGCProposed Rules (FR)Proposed Feb 6, 2019★ strong match
), “significant withdrawn employer” means—
(i) An employer to which the plan has sent a notice of withdrawal liability under section 4219 of ERISA; or (ii) A withdrawn employer that in any plan year used to determine the denominator of a fraction contributed at least $250,000 or, if less, 1 percent of all contributions…
PBGCRegulationsJan 1, 2017related by meaning
(f) (f) Payment of initial withdrawal liability. An employer's payment of its total initial withdrawal liability, whether by prepayment or otherwise, for a withdrawal which is later determined to be part of a mass withdrawal shall not exclude the employer from or otherwise limit the employer's mass withdrawal liability…
PBGCCode / StatuteJan 4, 1995★ strong match
… of this title (relating to the building and construction industry) applies is liable for a partial withdrawal only if the employer's obligation to contribute under the plan is continued for no more than an insubstantial portion of its work in the craft and area jurisdiction of the collective bargaining agreement of th…
88 FR 60018 — Increased Credit or Deduction Amounts for Satisfying Certain Prevailing Wage and Registered Apprenticeship Requirements IRCProposed Rules (FR)Proposed Aug 30, 2023
r administrative personnel who also perform duties of a manual or physical nature, in the construction, alteration, or repair of a qualified facility. The proposed regulations would provide that the type of construction would be the general category of construction as established by the DOL for the publication of gener…
PBGCCode / StatuteJan 6, 2025★ strong match
…to contribute under a plan for work performed in the building and construction industry, a complete withdrawal occurs only as described in paragraph (2), if—
(b)(1)(A) (A) substantially all the employees with respect to whom the employer has an obligation to contribute under the plan perform work in the building and co…
PBGCRegulationsJan 1, 2017related by meaning
…escrow. The bond or escrow allowed by this section shall be in an amount equal to 70 percent of the withdrawal liability payments that would otherwise be due. The bond or escrow relating to each payment shall be furnished before the due date of that payment. A single bond or escrow may be provided for more than one pay…
IRCFinal Rules (FR)Apr 9, 2018
…nsactions.” Under the proposed definition, a commercial real estate transaction would have included construction loans for 1-to-4 family residential units, but not those providing permanent financing. Accordingly, the proposed definition would have included a loan extended to finance the construction of a consumer's dw…
PBGCPBGC Opinion LettersAug 18, 1995related by meaning
perform covered work within the juri sdiction of t he collective bargai ning
agree men t,
or
tra nsf ers such work t o anot her l ocati on. ERISA § § 4205( a)( 2) [ *2] and 4 205(b) (2) (A)( i) , 29 U.S. C §
§
138 5(a) (2), 1 385 (b)(2 )(A)( i).
Further , a
parti al wi thdrawal occurs i f th e employer per manentl y c…
PBGCRegulationsJan 1, 2017related by meaning
…escrow. The bond or escrow allowed by this section shall be in an amount equal to 50 percent of the withdrawal liability payments that would otherwise be due. The bond or escrow relating to each payment shall be furnished before the due date of that payment. A single bond or escrow may be provided for more than one pay…
PBGCCode / StatuteJan 6, 2025
(b) (b)
(b)(1) (1) In the case of an employer that has withdrawal liability for a partial withdrawal from a plan, any withdrawal liability of that employer for a partial or complete withdrawal from that plan in a subsequent plan year shall be reduced by the amount of any partial withdrawal liability (reduced by any aba…
PBGCPBGC Opinion LettersSep 30, 1994related by meaning
…oye r must b e includ ed in
reall ocated
unfunded vested ben efits when determining the withd rawal liability of withdrawing emp loyers
u
nder the
"pr esum ptive ru le" in se ction 4 211 (b) o f ER ISA .
Secti on
4211(b )(4)(
B) of ER ISA provides that "[e]xcept as otherwise provided in regul ations prescribed by the
c…
84 FR 18715 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors PBGCFinal Rules (FR)May 2, 2019
sors file the withdrawal liability information electronically and within the time period provides for an efficient process for plan sponsors and PBGC. The two commenters expressed concerns about the scope of the withdrawal liability information required to be filed with PBGC, including whether a plan is required to pro…
29 C.F.R. § 4206.8(b) — Reduction of credit for abatement or other reduction of prior partial withdrawal liability. PBGCRegulationsJan 1, 2017★ strong match
…ns of this part by a fraction—
(b)(1) (1) The numerator of which is the excess of the total partial withdrawal liability of the employer for all partial withdrawals in prior years (excluding those partial withdrawals for which the credit is zero) over the present value of each abatement or other reduction of that prior…
PBGCPBGC Opinion LettersAug 2, 1994related by meaning
…ant to the agree men t or arra ngem ent. ER ISA § 42 09( c)(1 ); 29 C .F.R. § 264 8.9.
W hen
a mass withdrawal occurs by t he withdrawal of eve
ry employer fro
m a p lan, slightly differ ent rules app ly.
PBGCRegulationsJan 1, 2017
…ultiemployer plan satisfies the requirements in § 4208.4 for the reduction or waiver of its partial withdrawal liability, it may apply to the plan for abatement of its partial withdrawal liability. Applications shall identify the eligible employer, the withdrawn employer (if different), the date of withdrawal, and the …
PBGCRegulationsJan 1, 2017
… employer's liability under section 4206(a) (relating to the calculation of liability for a partial withdrawal) and section 4219(c)(1) (relating to the amount of the annual partial withdrawal liability payments) of ERISA, for a subsequent partial withdrawal described in section 4205(a)(2) of ERISA (relating to a partia…
PBGCRegulationsJan 1, 2017
(c) (c) Partial withdrawal—partial cessation of contribution obligation. The plan sponsor shall determine whether there is a partial withdrawal described in section 4205(a)(2) of ERISA (relating to a partial cessation of the employer's contribution obligation) in accordance with the rules in section 4205 of ERISA, as m…
PBGCRegulationsJul 1, 1997related by meaning
The obligation of an employer to make payments of initial withdrawal liability and mass withdrawal liability shall cease on the date on which the plan's assets are distributed in full satisfaction of all nonforfeitable benefits provided by the plan.