· 8/17/2012
Trustees of the Local 138 Pension Trust Fund v. F.W. Honerkamp Co. Inc.
Citations
- 692 F.3d 127
- 53 Employee Benefits Cas. (BNA) 2761
- 2012 WL 3538267
- 193 L.R.R.M. (BNA) 3422
- 2012 U.S. App. LEXIS 17375
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing how a “rehabilitation plan would figure prominently in any negotiations” and how negotiating parties “considered the rehabilitation plan’s schedules as well as the possibility of [the employer’s] withdrawal” from the fund
- “Withdrawal liability is the withdrawing employer’s proportionate share of the pension plan’s unfunded vested benefits.”
- “Nowhere in the [Pension Protection Act of 2006]’s repeated references to withdrawal did Congress suggest any voluntary/involuntary distinction, notwithstanding the decades-long precedent of employers ‘voluntarily withdrawing from pension plans when financially expedient.”
Source: CourtListener parenthetical corpus (CC0).
Judges: John, Lohier, Lynch, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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