In an already concentrated area of the law, one of our group’s greatest strengths is our deep appreciation for the more technical aspects of designing, implementing and administering Taft-Hartley & Public pension and welfare plans (“multiemployer plans”). Our generations of employee benefit lawyers have been providing expertise in this area since 1940, when the first multiemployer plan was established.
We have experience with all issues involving multiemployer plans including obtaining favorable determination letters, drafting and amending plan documents and summary plan descriptions, reporting and disclosure obligations, negotiating service provider agreements, merging plans and defending plans during government investigations and audits.
We regularly work with multiemployer plans of all sizes on day-to-day issues of administrating pension and welfare plans. On a regular basis, we advise trustees and plan administrators on a wide variety of ERISA and tax issues. These include questions regarding reporting and disclosure, participation, vesting, funding, benefit accrual, fiduciary responsibility, prohibited transactions, plan termination, asset reversion, merger, employer withdrawal liability, service provider agreements, Qualified Domestic Relations Order (QDROs), the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), various IRS correctional programs, bankruptcy, discrimination, federal and state agency enforcement and other laws.
We routinely handle civil litigation involving multiemployer plans in all areas including delinquent contribution claims, withdrawal liability, recovery of fund losses, subrogation, breach of fiduciary duty claims and challenges to plan rules.