Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.