(DOWNLOAD) "Central States v. Basic American Industries" by Seventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Central States v. Basic American Industries
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 05, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Argued May 8, 2001 The Multiemployer Pension Plan Amendments Act, 29 U.S.C. sec.sec. 1301 et seq., requires an employer that withdraws from a plan which is not overfunded to pay a ""withdrawal liability"" calculated to avoid shifting the cost of that employer's pension obligations to the other employers. E.g., Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Co., 513 U.S. 414, 416-17 (1995); Central States, Southeast & Southwest Areas Pension Fund v. Hunt Truck Lines, Inc., 204 F.3d 736, 739 (7th Cir. 2000); Central States, Southeast & Southwest Areas Pension Fund v. Creative Development Co., 232 F.3d 406, 408-09 (5th Cir. 2000). The district court dismissed this suit by the Central States multiemployer pension plan for payment of withdrawal liability as barred by the Act's six-year statute of limitations. 29 U.S.C. sec. 1451(f). A brief chronology will aid in focusing the issue. On June 22, 1989, a trio of affiliated corporations (collectively ""Allied Grocers""), employers that were members of the Central States plan, declared bankruptcy under Chapter 11 of the Bankruptcy Code. According to Central States, the declaration of bankruptcy entitled it, under the terms of the multiemployer plan, to declare that Allied was in default of its withdrawal liability obligations, though it had not yet actually withdrawn from the plan. The statute defines ""default,"" so far as bears on this case, as ""any . . . event defined in rules adopted by the plan which indicates a substantial likelihood that an employer will be unable to pay its withdrawal liability."" 29 U.S.C. sec. 1399(c)(5)(B). Central States' plan makes an employer's declaration of bankruptcy a default. And under the statute a default entitles a plan to ""require immediate payment of the outstanding amount of an employer's withdrawal liability."" sec. 1399(c)(5); Board of Trustees v. Kahle Engineering Corp., 43 F.3d 852, 854 (3d Cir. 1994).
 "Central States v. Basic American Industries" by Seventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free){kind=link}