Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of California, Inc.

11 Fla. L. Weekly Fed. S 279, 139 L. Ed. 2d 553, 118 S. Ct. 542, 522 U.S. 192, 97 Daily Journal DAR 15035, 66 U.S.L.W. 4051, 21 Employee Benefits Cas. (BNA) 2153, 1997 U.S. LEXIS 7501, 97 Cal. Daily Op. Serv. 9344, 1997 Colo. J. C.A.R. 3355
Supreme Court of the United States·Decided December 15, 1997·No. 96-370·Published·Cited by 512 cases

Opinion

*195 Justice Ginsburg

delivered the opinion of the Court.

The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 94 Stat. 1208, 29 U.S.C. §§ 1381-1461, requires employers who withdraw from underfunded multiemployer pension plans to pay a “withdrawal liability.” An employer may discharge that obligation by making a series of periodic payments according to a postwithdrawal schedule set by the pension fund’s trustees, or it may prepay the entire debt at any time. We resolve in this case a statute of limitations issue concerning this legislation, specifically: When does the MPPAA’s six-year statute of limitations begin to run on a pension fund’s action to collect unpaid withdrawal liability?

Dismissing petitioner trust fund’s suit as time barred, the Court of Appeals for the Ninth Circuit held that the statute of limitations runs from the date the employer withdraws from the plan. We reject that ruling. A limitations period ordinarily does not begin to run until the plaintiff has a “complete and present cause of action.” Rawlings v. Ray, 312 U. S. 96, 98 (1941). A cause of action does not ripen under the MPPAA until the employer fails to make a payment on the schedule set by the fund. .Applying the ordinarily applicable accrual rule, we hold that the statute of limitations does not begin to run on withdrawal liability until a scheduled payment is missed.

Our holding prompts a second question, one that was not reached by the Court of Appeals. Petitioner brought this suit more than six years after respondents missed their first scheduled payment, but within six years of each subsequent missed payment. Respondents contend that petitioner’s failure to sue within six years of the first missed payment bars suit for all missed payments. We disagree. The MPPAA imposes on employers an installment obligation. Consistent with general principles governing installment obligations, each missed payment creates a separate cause of action with its own six-year limitations period. Accord *196 ingly, petitioner’s suit is time barred only as to the first $345.50 payment.

I

A

Congress enacted the MPPAA to protect the financial solvency of multiemployer pension plans. See generally Milwaukee Brewery Workers’ Pension Plan v. Jos. Schlitz Brewing Co., 513 U. S. 414, 416-417 (1995); Connolly v. Pension Benefit Guaranty Corporation, 475 U. S. 211, 215-217 (1986); Pension Benefit Guaranty Corporation v. R. A. Gray & Co., 467 U. S. 717, 722-724 (1984). The statute requires most employers who withdraw from underfunded multiemployer pension plans to pay “withdrawal liability.” 29 U. S. C. § 1381(a). As relevant here, an employer incurs withdrawal liability when it effects a “complete withdrawal” from the plan. “[CJomplete withdrawal” occurs when the employer “permanently ceases to have an obligation to contribute under the plan” or “permanently ceases all covered operations under the plan.” § 1383(a). 1

Three Terms ago, we complex scheme for calculating withdrawal liability. See Milwaukee Brewery Workers’ Pension Plan, 513 U. S., at 417-419, 426. In brief, the Act sets the total amount of “withdrawal liability” at a level that roughly matches “the employer’s proportionate share of the plan’s ‘unfunded vested benefits.’ ” R. A. Gray & Co., 467 U. S., at 725 (quoting 29 U. S. C. § 1381(b)(1)); see § 1391. The employer must, at the least, make a series of periodic payments toward that total liability. §§ 1399(c)(1)(C), (c)(3). Payments are set at a level that approximates the periodic contributions the *197 employer had made before withdrawing from the plan. § 1399(c)(1)(C). Interest accrues from the first day of the plan year following withdrawal. See Milwaukee Brewery Workers’ Pension Plan, 513 U. S., at 421. Payments can run for a period of up to 20 years, 29 U. S. C. § 1399(c)(1)(B), but the employer may prepay the outstanding principal, plus accrued interest, at any time. § 1399(c)(4).

The Act does not call upon the employer to propose the amount of withdrawal liability. Rather, it places the calculation burden on the plan’s trustees. The trustees must set . an installment schedule and demand payment “[a]s soon as practicable” after the employer’s withdrawal. § 1399(b)(1). On receipt of the trustees’ schedule and payment demand, the employer may invoke a dispute-resolution procedure that involves reconsideration by the trustees and, ultimately, arbitration. §§ 1399(b)(2), 1401(a)(1). If no party requests arbitration, the installments become “due and owing” on the trustees’ schedule. § 1401(b)(1). Even if the employer challenges the trustees’ withdrawal liability determination, however, it still must pay according to the trustees’ schedule in the interim under the statute’s “‘pay now, dispute later’ collection procedure.” Robbins v. Pepsi-Cola Metropolitan Bottling Co., 800 F. 2d 641, 642 (CA7 1986) (per curiam). 2

Should the employer fail to pay according to the schedule, the plan may, at its option, invoke a statutory acceleration provision. § 1399(c)(5). It may also sue to collect the unpaid debt. Plan fiduciaries “adversely affected by the act or omission of any party under” the MPPAA are entitled to “bring an action for appropriate legal or equitable relief, or *198 both.” § 1451(a)(1). Suit under § 1451 must be filed within the longer of two limitations periods: "6 years after the date on which the cause of action arose,” § 1451(f)(1), or “3 years after the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such eause of action,” § 1451(f)(2). The Act extends the latter period to six years "in the case of fraud or concealment.” Ibid.

B

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Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of California, Inc., 11 Fla. L. Weekly Fed. S 279, 139 L. Ed. 2d 553, 118 S. Ct. 542, 522 U.S. 192, 97 Daily Journal DAR 15035, 66 U.S.L.W. 4051, 21 Employee Benefits Cas. (BNA) 2153, 1997 U.S. LEXIS 7501, 97 Cal. Daily Op. Serv. 9344, 1997 Colo. J. C.A.R. 3355 (U.S. 1997).

11 Fla. L. Weekly Fed. S 279 (Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of California, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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