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Employee Benefits for Employers - Winter 2015

  • December 21, 2015

In this issue:

A Troubling Expansion of Successor Liability. Under the Employee Retirement Income Security Act (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act (“MPPAA”), an employer that has assumed an obligation to contribute to and subsequently withdraws from a collectively-bargained and jointly-administered defended benefit pension plan (a “multiemployer plan”) is liable for its allocable share of any underfunding. This “withdrawal liability” has become a significant issue since 2008, due to the economic and investment impact of the recession, historically low interest rates, declining plan participation, and an increase in the number of retirees, among other things.

Insight…More on Health Care Reform in the U.S. Supreme Court Expected: Just How Far Does ERISA’s Preemption Reach? Some states are mandating that public and private health care providers, insurers, plans and third party administrators (TPAs) submit claims data and related information to their health care database, purportedly to help analyze and control health care cost and effectiveness.

Featured Lawyer: Melissa Ostrower. Ms. Ostrower is a shareholder in Jackson Lewis’ New York City office. She has extensive experience with executive compensation and all aspects of employee benefits counseling.

Recent Developments. Recent developments in benefits-related law that you need to be aware of.

Media. See which outlets Jackson Lewis’ employee benefits attorneys have recently appeared in.

Honors. The firm recently received some top rankings.

Upcoming Seminars. Join us for a benefits seminar near you!

©2015 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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