Board of Trustees of the District No. 15 MacHinists Pension Fund v. Kahle Engineering Corporation, a New Jersey Corporation

43 F.3d 852, 19 Employee Benefits Cas. (BNA) 1079, 1994 U.S. App. LEXIS 36945, 1994 WL 718987
CourtCourt of Appeals for the Third Circuit
DecidedDecember 30, 1994
Docket94-5160
StatusPublished
Cited by33 cases

This text of 43 F.3d 852 (Board of Trustees of the District No. 15 MacHinists Pension Fund v. Kahle Engineering Corporation, a New Jersey Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Trustees of the District No. 15 MacHinists Pension Fund v. Kahle Engineering Corporation, a New Jersey Corporation, 43 F.3d 852, 19 Employee Benefits Cas. (BNA) 1079, 1994 U.S. App. LEXIS 36945, 1994 WL 718987 (3d Cir. 1994).

Opinions

OPINION OF THE COURT

SLOVITER, Chief Judge.

The Board of Trustees of the District No. 15 Machinists’ Pension Fund (Fund or Pension Fund) appeals the dismissal of their action to collect an assessment of withdrawal liability filed against Kahle Engineering Corp. under the Multiemployer Pension Plan Amendments Aet of 1980 (MPPAA), Pub.L. No. 96-364, 94 Stat. 1208 (1980) (codified as amended at 29 U.S.C. §§ 1001a, 1381-1453 (1988 & Supp. V 1993)), which amended the Employee Retirement Income Security Act of 1974 (ERISA), Pub.L. No. 93-406, 88 Stat. 832 (codified as amended at 29 U.S.C. §§ 1001-1461 (1988 & Supp. V 1993)). The district court entered summary judgment against the Fund on the basis of the statute of limitations.

This appeal requires us to determine whether the district court correctly held that the six-year statute of limitations in the MPPAA began to run for the entire liability when the employer first missed an installment payment, even though the payout period was more than nine years. Apparently, no federal appellate court has addressed this precise issue of statutory interpretation under the MPPAA although two other courts of appeals have decided cases which suggest possible, and conflicting, interpretations.

I.

The Statutory Scheme

The MPPAA was enacted by Congress in 1980 as an amendment to ERISA to insure the financial stability of multiemployer pension plans by imposing mandatory liability on employers withdrawing from a pension plan. See Laborers Health and Welfare Trust Fund v. Advanced Lightweight Concrete Co., 484 U.S. 539, 545, 108 S.Ct. 830, 833, 98 L.Ed.2d 936 (1987). In IUE AFL-CIO Pension Fund v. Barker & Williamson, 788 F.2d [854]*854118 (3d Cir.1986), we identified two goals for the MPPAA: ‘“to protect the interests of participants and beneficiaries in financially distressed multiemployer plans, and ... to ensure benefit security to plan participants.’” Id. at 127 (quoting H.R.Rep. No. 869, 96th Cong., 2d Sess. 71, reprinted in 1980 U.S.C.C.A.N. 2918, 2939). The principal manner in which these goals are effectuated by the act is by the imposition of withdrawal liability on an employer who withdraws from a multiemployer pension plan in the proportionate share of the plan’s unfunded vested benefits. Crown Cork & Seal v. Central States Pension Fund, 982 F.2d 857, 861 (3d Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 2961, 125 L.Ed.2d 662 (1993); see also Concrete Pipe and Prods. v. Construction Laborers Pension Trust for S. Cal., — U.S. -, -, 113 S.Ct. 2264, 2272, 124 L.Ed.2d 539 (1993).

The statute sets forth an intricate scheme for the calculation and collection of the withdrawal liability and resolution of disputes with respect thereto.1 When an employer withdraws from a multiemployer plan, the plan sponsor must determine the amount of withdrawal liability, and “as soon as practicable” notify the employer of the amount of liability and the schedule for repayments and demand payment in accordance with that schedule. See 29 U.S.C. §§ 1382, 1399(b)(1). The plan sponsor must set up a schedule for withdrawal payments which may impose liability to a maximum of twenty years. Id. §§ 1399(b)(l)(A)(ii), 1399(c)(1). The first installment payment on the schedule is due within sixty days of the plan sponsor’s demand. Id. § 1399(c)(2). Under an exception for labor-disputes, the employer shall not be considered to have withdrawn from a plan solely because an employer suspends contributions during a labor dispute involving its employees. Id. § 1398.

No later than ninety days after the employer receives notice from the plan sponsor of the determination of withdrawal liability, the employer may ask the plan sponsor to review any specific matter and to reassess the schedule of payments; “may identify any inaccuracy in the determination of the amount of the unfunded vested benefits allo-cable to the employer;” and may furnish any additional relevant information to the plan sponsor. Id. § 1399(b)(2)(A). The plan sponsor must conduct a reasonable review of any matter raised by the employer, and notify the employer of its decision, the basis for its decision, and any changes made as a result of the review. Id. § 1399(b)(2)(B).

An employer who wishes to contest the fact of its liability or the amount must initiate arbitration. If it does not, it waives the right to contest the assessment and the amounts demanded by the plan sponsor become “due and owing” as set forth on the payment schedule, and the employer may be sued for collection in state or federal court. Id. § 1401(b)(1).

Under the acceleration provision of the statute available in the event of a default, the “plan sponsor may require immediate payment of the outstanding amount of the employer’s withdrawal liability, plus accrued interest on the total outstanding liability from the due date of the first payment which was not timely made.” Id. § 1399(e)(5); see also 29 C.F.R. § 2644.2(b)(2). For purposes of this section, default is defined as “the failure of an employer to make, when due, any payment if not cured •within sixty days after the employer receives written notification from the plan sponsor of such failure.” 29 U.S.C. § 1399(c)(5)(A). A default can also be “any other event defined by the plan rules which indicates a substantial likelihood that an employer will be unable to pay its withdrawal liability.” Id. § 1399(c)(5)(B).

A PBGC regulation prohibits a declaration of default for failure to make timely payments during the period, and for sixty days thereafter, that an arbitration is pending or that the plan sponsor is conducting the employer’s requested review. See 29 C.F.R. § 2644.2(c)(1). However, the statute pro[855]*855vides that payments in accordance with the schedule set forth by the plan sponsor must be made “notwithstanding any request for review or appeal of determinations of the amount of such liability or of the schedule.” 29 U.S.C. § 1399(c)(2). If an employer misses a scheduled payment, the fund may seek to collect by filing a collection action but it may not accelerate the balance during that protected arbitration period. See United Retail and Wholesale Employees Pension Plan v. Yahn & McDonnell, 787 F.2d 128, 131 (3d Cir.1986), aff'd per curiam by an equally divided court sub nom., PBGC v. Yahn & McDonnell, 481 U.S. 735, 107 S.Ct. 2171, 95 L.Ed.2d 692 (1987) (hereinafter

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43 F.3d 852, 19 Employee Benefits Cas. (BNA) 1079, 1994 U.S. App. LEXIS 36945, 1994 WL 718987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-the-district-no-15-machinists-pension-fund-v-kahle-ca3-1994.