By: Mark M. Trapp

Nearly nine years ago, in 2014, Mark M. Trapp authored a Practical Law “Practice Note” titled “Responding to an Assessment of Withdrawal Liability from a Multiemployer Pension Plan.” Trapp is a Partner in Conn Maciel Carey’s Labor and Employment Practice Group. Practical Law, a division of West Publishing Corporation, is a well-known legal publishing company.

Periodically during the ensuing years, Trapp has revised and updated the practice note to reflect changes to the law and to keep it current. The latest update was recently published by Practical Law in January 2023.

As its name implies, the practice note addresses key procedural issues in an employer’s response to an assessment of withdrawal liability from a multiemployer pension plan under the Multiemployer Pension Plan Amendments Act of 1980. Specifically, the published article guides an employer in responding to an assessment and covers:

• The initial steps in responding to an assessment of withdrawal liability.
• Information gathering.
• Interim payment and default.
• The request for review.
• Initiation of arbitration.

Given that withdrawal liability often involves many millions of dollars, withdrawn employers would be well advised to be aware of key steps and deadlines in the process of responding to such an assessment. This practice note provides a good general overview of the process and can be found here. Of course, employers faced with an assessment should also consult with experienced counsel to discuss their particular withdrawal liability issues and concerns.