1-800-241-2136, Toll-Free:
Jackson v. Sedgwick Claims Mgmt. This Fund has approximately 300 contributing Employers, 81,000 active Participants and 68,000 retired Pensioners and Beneficiaries. Contained in those reports are breakdowns of each union's spending, income and other financial information. 1405(a). at 327, Page ID 2856. Stay tuned! Frankfort, Illinois 60423-6000. These local unions bargain contracts, help non-union workers organize, and in general handle most of the day-to-day issues that directly affect members. at 13, Page ID 100. Each worksite has a Union Representative (sometimes called a Business Agent) union staff who regularly visit your worksite to inform you about whats happening around the union, and help make sure everyones rights are protected. In particular, Barbara Caruso (Caruso) was employed by the Union at the same time she served as a Fund trustee. The Labor-Management Reporting and Disclosure Act (LMRDA), which is enforced by the Office of Labor-Management Standards, requires labor unions to file annual reports detailing their operations. 282 0 obj
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Just click the "LOGIN" button in the top righthand corner of this webpage to setup your login information and get started! UFCW members are employed in many different industries, but concentrated in retail food, meatpacking, poultry, and other . HWnF}cR}(6(HUbZ],Eu3s~-QfL7p&~[//_lDj)%*r.{fx;+=;O9]&4)oL%MG5I- Instead of wondering what I would do to pay the bills, my local worked with me, they fought for me. We encourage you to explore the website and look forward to expanding online capabilities for participants and employers, small enough to care BIG enough to make a difference!. at 723. The parties do not dispute that the Union's disclaimer of interest caused Rubber Associates' withdrawal from the Fund. Mut. UFCW National Pension Fund Contact Information Business Hours Fund Office Monday through Friday 8:30 am to 4:30 pm CST Contact Phone Number (800) 531-2385 Mailing Address UFCW National Pension Fund P.O. Established in 1963, the fund covers employees of retail food stores, meat markets, nursing homes, and similar industries, who are members of the United Food and Commercial Workers Union in the Midwest region. & Energy Workers v. Nat'l Indus. States, Se. United Food & Commercial Workers Union Employer Pension Fund (UFCW Union Employer Pension Fund) is a union pension fund based in Broadview Heights, Ohio. This website has information on your Pension Fund and tips on how to get the most out of your benefits. 291 0 obj
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In a 63 decision released on June 24, 2022, Dobbs v. Jackson Womens Health Organization, the Supreme Court majority overturned Roe v. Wade, holding that the authority to regulate abortion belongs to the states and not the federal government. ERISA subjects such employers to no more and no less withdrawal liability than that determined according to the presumptive method. All rights reserved. To our UFCW Brothers and Sisters, we are here for you. You can use this site to download forms and publications, apply online, contact the Fund Office, or access related sites. endstream
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Copyright 2023Present The United Food and Commercial Workers International Union (UFCW). Id. The Retail, Wholesale and Department Store Union District Council serves members in the retail food and food processing, retail and department stores, service, manufacturing and warehousing industries. 1382, 1399(b)(1)). Established in 1960, the plan provides retirement benefits to eligible members of the UFCW. 29 U.S.C. The Fund's trustees responded that they had properly relied on the calculation of withdrawal liability made by the actuary for the [Fund]. DE 2246, Resp., Page ID 2226. at 1824, Page ID 10511. Thereafter, negotiations resumed without success. Rubber Associates withdrew its proposal for the 30cent rate and agreed to maintain its previous contribution rate of 62 cents, which the Union accepted. Learn more about how your union contract works. If you just started a new job or just started with us, congratulations and welcome to the family. 'https://':'http://') + 'secure.wufoo.com/scripts/embed/form.js'; s.onload = s.onreadystatechange = function() { var rs = this.readyState; if (rs) if (rs != 'complete') if (rs != 'loaded') return; try { xti77mu0yuyuar = new WufooForm(); xti77mu0yuyuar.initialize(options); xti77mu0yuyuar.display(); } catch (e) { } }; var scr = d.getElementsByTagName(t)[0], par = scr.parentNode; par.insertBefore(s, scr); })(document, 'script'); All hours are EST for New Jersey office and PST for California office. Thank you for being a part of the United Food and Commercial Workers International Union. The parties disagree, however, on whether we should create federal common law under ERISA to carve out special liability rules for contributing employers which are forced out of pension funds due to union-mandated withdrawal.3 Specifically, Rubber Associates contends that we should calculate its withdrawal liability pursuant to the direct attribution method as detailed in the Report, which would decrease its liability from $1,713,169 to $312,000. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. All rights reserved. A L+!36dr[bg' Plan benefits are comprehensive; they cover legal services related to certain criminal and consumer actions. Rubber Associates further asserts that it was subjected to a true union-mandated withdrawal yet has been unjustifiably left with no remedy in law or equity. Appellant Br. 1391, and there can be no gap where ERISA's text addresses the issue before the court. For the following reasons, we affirm the district court's decision. at 72425. The Fund, which has been a self insured fund since 1955, was formed to work closely with the International Union through its Negotiated Benefits Department in order to stay in touch with rapidly changing developments affecting the issues and benefits important to our members. 1001(b) (emphasis added). A Ua`q(:3(HM \z_{}et 5:14cv183, 2015 WL 778781, at *4 (N.D.Ohio Feb.24, 2015). Get the full list, Morningstar Institutional Equity Research, President of Boards of Trustees & Plan Sponsor. Just click the "Login" button on the top right corner of this webpage to set up your login information and get started. When reviewing a district court's dismissal of a cause of action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), this court employs a de novo standard of review. The Fund then sued Rubber Associates in the district court to enforce the arbitrator's award. Yi*{l$O=A3. Mid Atlantic Ufcw And Participating Employers Pension Fund, Ufcw - Northern California Employers Joint Pension, Desert States Employers & Ufcw Unions Pension Plan, Rocky Mountain Ufcw Unions And Employers Pension Plan, Ufcw Union Local No.655, Food Employers' Joint Pension Plan, Ufcw Local 1776 & Participating Employers Pension Fund, Central Ohio Ufcw Unions And Retail Employers Pension Plan, Employees Retirement System Of H. J. Heinz Company Plan B/c For Heinz Employees Represented By Ufcw, Ufcw Pharmacists, Clerks And Drug Employers Pension Trust, Ufcw Unions And Participating Employers Pension Plan, Retail Food Employers & Ufcw Local 711 Pension, Ufcw Union & Partcipating Food Industry Employers Tri-state Pension Fund, Ufcw Union Local 919 & Contributing Employers' Food Pension Fund, Kunzler & Company, Inc. Ufcw Union Employees' Pension Plan, Cooperativa de Ahorro y Credito de Cabo Rojo. Stay tuned! H,0&;=
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.#tE_iy-s Each UFCW member belongs to a local union that serves their specific area. The strength of our union is our members, and the UFCW is committed to improving their lives every single day. 1451(a). The United Food and Commercial Workers Union, No Surprises Act and Transparency Rule Compliance, Participants: Important Notice about a Dependent Eligibility Verification, Inflation Reduction Act and Your Health Care Benefits, Roe v. Wade overturned: What this means for you, The No Surprises Act: What You Need to Know. endstream
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From negotiating with employers to improve working conditions to organizing community food drives, we know together we can make a difference and improve the lives of those around us. The Office of Labor-Management Standards (OLMS) conducts investigations to determine if violations of the Labor-Management Relations and Disclosure Act (LMRDA) provisions have occurred. This court has previously created federal common law under ERISA to provide for restitution claims, see Whitworth Bros. Rubber Associates insists that its withdrawal liability should be calculated in accordance with the Report's direct attribution method. The Fund Office is proud to support these loyal, hard-working participants. 1-800-241-7701, UFCW Unions and Employers Legal Assistance Fund, UFCW Union Local 1995 and Employers Health and Welfare Fund, UFCW Unions and Employers Health and Welfare Fund - Atlanta. The Union responded with its final offer, which included a $1,000 signing bonus and wage increases for some employees. 29 U.S.C. You can use this site to download forms and publications, contact the Fund Office, or access additional information about your benefits. 1302; Pension Benefit Guar. Congress declared the policy of the MPPAA as follows: (1) to foster and facilitate interstate commerce, (2) to alleviate certain problems which tend to discourage the maintenance and growth of multiemployer pension plans, (3) to provide reasonable protection for the interests of participants and beneficiaries of financially distressed multiemployer pension plans, and (4) to provide a financially self-sufficient program for the guarantee of employee benefits under multiemployer plans. Legal Disclaimer Attention! More on how we make work better How to get better wages and benefits Right to work laws vs real job security The Fund Office is proud to support these loyal, hard-working participants that are responsible for our growth and progress. Get the full list, Morningstar Institutional Equity Research. The UFCW is made up of 1.4 million members people working together to improve their lives and their future. 981, 130 L.Ed.2d 932 (1995)). We are here to help. National Pension Fund Facts 309 New Retirees as of March 1, 2023 More than 85% of all retirees have Electronic Funds Transfer of their Pension Benefit Participating Local Unions across the United States National Pension Fund established 1965 Although the Sixth Circuit in Findlay Truck Line, Inc. v. Central States, Southeast & Southwest Areas Pension Fund, 726 F.3d 738, 755 (6th Cir.2013), cited the Report, it did so only to borrow the PBGC's definition of a union-mandated withdrawal. 29 U.S.C. The assets of the fund are managed and governed by the board of trustees. UFCW Unions & Employers Health & Welfare Fund Atlanta ("Atlanta Fund") is located in Atlanta, Georgia. @?A0"2|k\\k,d#%OD\WVmp.NTWu~Ri%({o[\LJF-VNg;'kI3i5EV7~ k!m
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* ,gqq~VzdTad^xV+;)B?&fW^%- 4. 1723, 64 L.Ed.2d 354 (1980)). Regardless of whether this is true, Congress has not taken action in the twenty-four years since the Report was published. Legal notice: Courts have enjoined non-Associate UFCW agents from entering Walmart property, except to shop, in AR, CO, FL, OH, TX, and MD and from doing non-shopping activity inside CA stores. These pension funds are tied to the union according to their name only. The district court granted the Fund's motion to dismiss Rubber Associates' counterclaim. These committees are often considered a form of "soft money. Copyright 2023Present The United Food and Commercial Workers International Union (UFCW). Qhidu=p 2264, 124 L.Ed.2d 539 (1993)). UFCW Union Local 1995 and Employers Health & Welfare Fund is located in Atlanta, Georgia. Rubber Associates appeals the district court's dismissal of its counterclaim. %%EOF
Life Ins. On July 12, 2022, Northside Hospital system and Anthem announced they have finalized an agreement to provide Anthem members with in-network access to care at Northside's hospitals, physicians, and other outpatient locations. The MPPAA provides that once a fund determines that an employer has withdrawn from its plan, the fund must notify the employer of the amount of the liability, prepare a schedule for liability payments, and demand payment in accordance with the schedule. DiGeronimo, 763 F.3d at 510 (citing 29 U.S.C. However, there is no authority that would forbid Caruso from serving both the Union and the Fund at the same time. Each UFCW member belongs to a local union that serves their specific area. at 725. Meat Cutters Pension Fund Address: PO BOX 6000. 35 0 obj
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For the first five, OLMS requires unions to provide detailed information on any recipient that received more than $5,000 per year. Congress commissioned the Report and heeded its recommendation not to act. United Food & Commercial Workers District Council, United Food & Commercial Workers Regional Council 4, United Food & Commercial Workers Regional Board, United Food & Commercial Workers Regional Council 6, United Food & Commercial Workers Local 21, United Food & Commercial Workers Regional Council 3, United Food & Commercial Workers Local 1262, See All Locals and Other Affiliated Organizations, National Institute on Money in State Politics, 8(b)(1)(A) Duty of Fair Representation, incl'g Superseniority, denial of access, 8(a)(1) Coercive Actions (Surveillance, etc), 8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing), 8(a)(3) Discharge (Including Layoff and Refusal to Hire (not salting)), 8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc. hQk0}I)d}R0A|H2d[o-/3`C? (The Fund Office), is located in Atlanta, Georgia and administers Pension, Health and Welfare, and Legal benefits for eligible Union employees across the United States. Laborers Pension Trust, 508 U.S. 602, 60509, 113 S.Ct. The Fund's assets are invested in the stock market and other investments, and after the stock market crash in 2008 and subsequent recession, the Fund's assets declined and its finances went into critical zone or red zone. DE 232, Day Two Arbitration Tr. The Fund is a multiemployer pension plan with approximately fifty (50) contributing employers and fourteen thousand (14,000) employees or participants, largely associated with the region's supermarkets and drug stores. The district court dealt with this claim by finding that the factual allegations do not support a claim for relief and distinguishing Colteryahn from the instant case. N 7|p AoO
!kdgH8DIVt}0O at 22. Macys Workers in California Ratify a New Contract, Cannabis Workers in New Jersey Join Local 360, Farmers Markets Workers in the DMV Area Join Local 400. It is important to know who the stewards are at your workplace so you know who to turn to if you have any questions or concerns. Rubber Associates argues against itself by stating that the fact that this is a case of first impression as no other court has addressed whether relief should be granted where a true union-mandated withdrawal has taken place, highlights the very minimal financial impact that granting such equitable relief would have on pension plans. Appellant Br. 66 Grand AvenueEnglewood, NJ 07631Phone: 201.569.8801Fax: 201.569.1085 or NJFax@UFCWNationalFund.org, 1212 W. Robinhood Drive, #3EStockton, CA 95207Phone: 209.952.6533Fax: 209.952.7325 or CAFax@UFCWNationalFund.org. Unionized employees, business owners, managers, and others often bring labor law charges against unions. 2709, 81 L.Ed.2d 601 (1984). 0
Rubber Associates responded by hiring temporary replacement workers. Contact 1 800 531 2385 The fact that Congress commissioned the Report from the PBGC but nevertheless failed to impose special rules for union-mandated withdrawals demonstrates Congress' intent not to act. 1001a(c)(3)-(4). Corp. v. R.A. Gray & Co., 467 U.S. 717, 720, 104 S.Ct. Our staff takes your issues seriously. R b!U[[%[JBz0DI0gj/,jg"kK= The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United states. In short, if an employer withdraws from a multiemployer fund, it must make a payment of withdrawal liability, which is calculated as the employer's proportionate share of the fund's unfunded vested benefits [. The district court assumed that Rubber Associates was subjected to a union-mandated withdrawal as defined in the Report, and we assume the same. 4211.1(a); see also 29 U.S.C. Established in 1963, the fund covers employees of retail food stores, meat markets, nursing homes, and similar industries, who are members of the United Food and Commercial Workers Union in the Midwest region. ]yE($'u O z^!&M9GS=/@ L~$Wkf%k Get the full list, Youre viewing 5 of 11 team members. Get the full list, Youre viewing 1 of 4 board members. endstream
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Holding that an employer is entitled to equitable relief when faced with a union-mandated withdrawal is not essential to promote the fundamental policy of ERISA: ensuring that private-sector workers would receive the pensions that their employers have promised them. DiGeronimo, 763 F.3d at 513 (citing Concrete Pipe & Prods. ERISA also has special rules for determining withdrawal liability for employers in the building, construction, and entertainment industries, and has delegated to the PBGC the authority to establish additional withdrawal liability rules for other industries. The Union did not recommend the contract and authorized a strike.1. (quoting 29 U.S.C. The United Food and Commercial Workers Union is North Americas largest and strongest private sector union. The hospital is in-network, the doctor who treats her is in-network, but the radiologist is out-of-network. at 21. Co., 32 F.3d 220, 225 (6th Cir.1994)). The UFCW is made up of 1.4 million members people working together to improve their lives and their future. Please try again. Pursuant to a series of collective bargaining agreements (CBAs) with the Union, Rubber Associates was a contributing employer to the Fund. 980, 190 L.Ed.2d 835 (2015) (quoting HandyClay v. City of Memphis, 695 F.3d 531, 538 (6th Cir.2012)). The remedy for Rubber Associates is to lobby Congress to carve out a special remedy for employers facing union-mandated withdrawals, not to ask this court to create law outside of the ERISA frameworkespecially where, as here, ERISA is not silent or ambiguous. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. A ]{;Nl(;JjQY8^Ceu This website has information on how to get the most out of your benefits. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 3085, 87 L.Ed.2d 96 (1985) (We are reluctant to tamper with an enforcement scheme crafted with such evident care as the one in ERISA.). Federal Mediation and Conciliation Service. K All rights reserved. LMRDA & Other Federal Employment and Labor Laws. 2023 PitchBook. For example, under certain conditions, the employer will either not incur any withdrawal liability or will have reduced withdrawal liability if it ceases contributing to a plan due to a sale of its assets to another employer. Rubber Associates rejected this proposal and unilaterally imposed its final offer in May 2008. Win whats next. The withdrawal assessment exceeds half of Rubber Associates' annual sales in 2009, 2010, and 2011. 18861 90th Avenue _ Suite A. Mokena, IL 60448 (toll-free) 800-531-2385 (fax) 312-329-7923 UFCW National Pension Fund Website The email address cannot be subscribed. LEARN MORE UFCW Unions and Employers Legal Assistance Fund Rubber Associates' counterclaim must contain either direct or inferential allegations respecting all material elements to sustain a recovery under some viable legal theory. DiGeronimo Aggregates, LLC v. Zemla, 763 F.3d 506, 509 (6th Cir.2014), cert. After decades of hard work, you deserve the rest and relaxation that comes with a secure retirement. Apparently, the object forbidden by the law in this case was the deprivation of Rubber Associates' legal right to continue participating in the Fund. Id. 22 0 obj
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Atlanta Fund Anthem and Northside Negotiation Updates. Currently there are approximately 86,000 active participants and 89,951 term-vested participants. XmU7C*Thkp8!Mw. This court has declined to create federal common law under ERISA to allow claims for the negligent management of pension funds, see DiGeronimo, 763 F.3d at 51113, or the negligent provision of an erroneous benefits-amount quotation, see Local 60682, 342 F.3d at 60910. Id. We agree with the district court that ERISA contains a comprehensive statutory and regulatory scheme for determining withdrawal liability and is not silent or ambiguous on the subject. Rubber Associates, 2015 WL 778781, at *5. To see a list of these Trustees and the other professional who serve the fundclick here. Id. For more information about this Notice, you may contactthe Board of Trustees, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund, 3031B Walton Road, Plymouth Meeting, PA19462, telephone (866) 928-8329 or (610) 941-4282When it is completed, you and participants will have a right to receive. Thank you for being a part of the United Food and Commercial Workers International Union. 5. Investigations may involve civil matters (such as an election of union officers) or criminal matters (such as embezzlement of union funds). 2. z0t2JE
50~!zk:X/bOi(K["ms"s&"eP1zn32H+gMrZ.3MDN=R&$qLs;(7BC~ONJwG9F Are you and your coworkers ready to negotiate together for bigger paychecks, stronger benefits and better lives? ), 8(a)(3) Changes in Terms and Conditions of Employment, 8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes], 8(a)(5) Repudiation/Modification of Contract [Sec 8(d)/Unilateral Changes], 8(a)(1) Concerted Activities (Retaliation, Discharge, Discipline), 8(a)(1) Interrogation (including Polling), 8(b)(1)(A) Coercion, incl'g Statements and Violence, 8(b)(1)(A) Union Dues and/or Membership Related (including excessive fees), 8(a)(4) Changes in Terms and Conditions of Employment, Federal Mediation and Conciliation Service, Retail Sales / Distribution / Warehousing (Includes Food). Rubber Associates is an Ohio corporation which manufactures custom rubber parts and whose employees were represented by the Union since 1973. 5O:N The Report rejected suggestions that an employer be given the total forgiveness of all withdrawal liability and that the union have to pay withdrawal liability. The test for creating federal common law under ERISA, however, does not ask whether policy goals would be eroded, but rather whether federal common law is essential to the promotion of fundamental ERISA policies. DiGeronimo, 763 F.3d at 511 (emphasis added). Southern California United Food & Commercial Workers Unions and Food Employers Joint Benefit Funds Administration, LLC New Delta Dental PPO Plan Coming - Click here for more information About the Fund Contact Us My Portal Health Care Health Care Benefits Active Participants Plan Benefits Charts Platinum Plus Plan A Platinum Plus Plan B Bloomberg. It is not our role to create law in situations where Congress has declined to act. Source: National Labor Relations Board Case Activity Tracking System. Unless fund trustees adopt an alternative calculation method for the plan with PBGC approval, or amend the plan to adopt another method in 1391, ERISA requires withdrawal liability to be calculated using the statutory presumptive method, which is the calculation method the Fund correctly applied in this case. The district court granted the Fund's motion to dismiss Rubber Associates' counterclaim, holding that Rubber Associates failed to state a claim for relief because [t]he Sixth Circuit has not heretofore recognized a claim under the federal common law of ERISA for equitable relief in the case of union-mandated withdrawals, and this Court finds no basis for doing so. United Food & Commercial Workers UnionEmployer Pension Fund v. Rubber Associates, Inc., No. WASHINGTON, DC 20006, Source: Office of Labor-Management Standards, Year Covered: 2019 Last Updated: April 8th, 2021, Source: Office of Labor Management Standards, See All Employees' Compensation and Salary History. This team is focused on upholding our core values while serving each plan participant to the best of our abilities. 4211.1(a). Materials, Inc., 749 F.2d 1396, 1407 (9th Cir.1984) (Congress reasonably might have assumed union-forced withdrawals would be rare and should be treated no differently from other business risks.). The UFCW Unions & Employers Legal Assistance Fund is a valuable pre-paid legal services benefit and is available to eligible participants in Georgia and Alabama. Source: National Labor Relations Board; Case Activity Tracking System, Source: Federal Mediation and Conciliation Service. 289 0 obj
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29 C.F.R. The Office of Labor-Management Standards (OLMS) requires unions to report how they spent their money in a number of categories. at 15, Page ID 102. More than 85% of all retirees have Electronic Funds Transfer of their Pension Benefit, Participating Local Unions across the United States. The NLRB ruled in Rubber Associates' favor on the major allegations. The PBGC suggested that Congress establish new rules under which a withdrawing employer would be required to pay whatever share of the plan's unfunded vested liabilities was attributable to that employer's participation. Id. In enacting ERISA, Congress stated: It is hereby declared to be the policy of this chapter to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts. This usually covers the basics like wages, raises, processes for discipline and termination, safeguards against favoritism, scheduling, retirement benefits and health care, and more. More than 90% of union workers have retirement savings and union employers chip in 56% more to retirement than non-union workplaces. If you are, the steps to joining the UFCW are simple. 43 0 obj
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P L \Dl))c?LE@67f&`e!N This is a profile preview from the PitchBook Platform. Get the full list, Youre viewing 3 of 4 team members. 1391(c)(1); 29 C.F.R. Stay up-to-date with how the law affects your life. The Fund Office administers health and welfare benefits for eligible participants and their dependents in the states of Tennessee and Kentucky. at 33. at 509 (quoting Nachman Corp. v. Pension Benefit Guar. The strength of our union is our members, and the UFCW is committed to improving their lives every [] Pension Plan, 342 F.3d 606, 609 (6th Cir.2003)). Because the purpose of withdrawal liability is the protection of the financial integrity of multiemployer plans, the Report proposed three alternatives: (1) relief through easing the payment schedule; (2) relief through direct attribution; and (3) relief through transfer to a single-employer plan. Because such a remedy is not expressly available, and because ERISA and the MPPAA create a comprehensive legislative scheme governing contributing employers and multiemployer plans a strong presumption exists that Congress deliberately omitted the availability of such a remedy. DiGeronimo, 763 F.3d at 512.
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