ABA Employee Benefits Midwinter Meeting
Part 6 of the Employee Benefits Law Update: A Year in Review
Partner Greg Ossi co-led an American Bar Association panel on March 30, 2022 titled "Multiemployer Plan Issues." This was part six of the "Employee Benefits Law Update: A Year in Review." The panel discussed the controversial withdrawal liability decisions of Sofco Erectors by the Sixth Circuit, ruling for the first time against the Segal Blend assumption for withdrawal liability calculations, and Metz Culinary Management by the Second Circuit disallowing a so-called retroactive adjustment of the actuarial assumptions, both of which potentially upend plans' withdrawal liability calculations across the country. Panelists also reviewed developments in the implementation of ARPA special financial assistance. In addition, the panel covered Taft-Hartley deadlock arbitrations, including who pays for them, representation of the two groups of Trustees, and issues subject to arbitration.