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Press Coverage October 23, 2024
Bloomberg Law
Locke Lord Chicago Partner Allen Woolley was quoted by Bloomberg Law discussing M&K Emp. Sols., LLC v. Trs. of IAM Pension Fund, a multiemployer pension plan withdrawal penalty calculation dispute that may be headed for the U.S. Supreme Court. The article details that pension funds’ actuaries calculate the amount an exiting employer has to pay, known as withdrawal liability, based on interest rate and other actuarial assumptions. Under the law, the assumptions must be set based on circumstances as they existed as of the last day of the plan year before the exit, but there is a circuit split as to whether a pension fund’s actuaries must actually determine the assumptions by that date or whether they are free to review the data and determine the assumptions at a later point in time.
M&K seeks the justices’ review of a D.C. Circuit Court of Appeals decision holding that the IAM National Pension Fund’s actuary was free to set the interest rate assumption used to value the pension fund’s liabilities after the last day of the prior plan year. The opinion was directly at odds with a prior Second Circuit decision holding that a fund’s actuaries must decide the assumptions no later than the end of the prior plan year. The Supreme Court has now invited the U.S. solicitor general to weigh in on whether they should hear the case. The clear circuit split paves the way for potential high court involvement, as Woolley notes, “The circuit split makes it more likely the justices will grant M&K’s request.”
The final decision could present multimillion-dollar consequences for companies leaving union pension plans.
Read the full Bloomberg Law article (subscription may be required).
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Leading the energy evolution.
Learn more
Ranked Tier 1 nationally for banking and finance law. Troutman Pepper Locke is preferred counsel to banks, lenders, servicers, and financial services companies.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Your go-to firm for middle-market private equity. Adviseing sponsors on buyouts, fund formation, portfolio management, and exit transactions.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.