Practices
PDF

Multiemployer Plans

Overview

ERISA is a large body of law that includes a wide variety of employee benefit plans.  Conner & Winters has over 35 years of experience with the technical aspects of designing, implementing and administering Taft-Hartley employee pension and welfare benefit plans or multiemployer plans.

Litigation

Our firm regularly handles litigation involving multiemployer plans, including in connection with:

  • Collection of delinquent contributions
  • Withdrawal liability
  • Recovery of fund losses
  • Subrogation and reimbursement
  • Breach of fiduciary duty claims
  • Challenges to plan rules
  • Benefit plan class actions
  • Benefit claims disputes
  • Retiree health benefits
  • Violations of ERISA’s substantive requirements
  • Mergers
  • Bankruptcies
  • Terminations.

Contribution Collection

Our firm has substantial experience in representation of multiemployer plans, which has resulted in expertise in the collection of delinquent employer contributions to the plans. We assist in the development, implementation and documentation of payroll audits and reasonably, diligent and systematic delinquency procedures and policies. Members of the firm have successfully litigated hundreds of cases to collect delinquent employer contributions. As a result, the firm has developed cost-effective systems for pursuing and collecting employer contribution delinquencies.

Subrogation and Reimbursement

We are experienced in representing plans that provide health and short-term disability benefits.  These plans have subrogation and reimbursement that allow the plans to recover benefits paid where the plan participant or dependent was injured by a third party.  We routinely pursue a plan’s right to recover payments when a third party is liable to the participant. This representation results in significant savings to our clients, as the recoveries from third parties help lower the cost of health coverage.

Withdrawal Liability

We represent multiemployer pension plans in assessing and collecting withdrawal liability.  Due to the complex and technical nature of the statutory framework, withdrawal liability often involves high dollar claims.  Our experience includes advising trustees about when to assess withdrawal liability, responding to information requests from employers, and conducting arbitrations and civil lawsuits in Federal Court against employers that refuse to satisfy their withdrawal liability obligations to the plans.

Governmental Agencies

Our firm routinely represents employee benefit plan sponsors, institutional trustees and plan fiduciaries in disputes involving fiduciary breach claims, preemptions, and prohibited transactions. We defend clients from federal agency investigations by the Internal Revenue Service, the United States Department of Labor and the Pension Benefit Guaranty Corporation.

News

Back to Top