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Multiemployer Plans

Morgan Lewis represents multiemployer pension and health and welfare funds, as well as contributing employers. Our lawyers advise approximately 60 multiemployer funds with assets ranging from several million to several billion dollars. These funds provide benefits in numerous industries, including construction, baking, transportation, food, maritime, professional sports, coal, healthcare, and textiles. We help our contributing employer clients navigate through the complex issues that multiemployer funds raise, including in collective bargaining negotiations, and with resolving funding deficiencies and potential withdrawal liability.

Advocating on behalf of multiemployer funds and trustees, our lawyers appear in court and before regulatory agencies such as the US Department of Labor (DOL), the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC). Our litigators represent multiemployer fund and contributing employer clients in arbitrations (including deadlock and withdrawal liability arbitrations) and in court on issues related to withdrawal liability, delinquent contributions, contractual disputes, subrogation actions, and fiduciary-related matters.

We advise on all aspects of Taft-Hartley fund legal compliance, plan administration, and fiduciary obligations. Our team regularly advises multiemployer trustees and fund offices regarding compliance with applicable US federal laws, including:

  • Employee Retirement Income Security Act (ERISA)
  • Internal Revenue Code (IRC)
  • Multiemployer Pension Reform Act of 2014 (MEPRA)
  • Affordable Care Act (ACA)
  • Pension Protection Act of 2006 (PPA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Multiemployer Pension Plan Amendments Act of 1980 (MPPAA)

Beyond advising clients on federal and state law compliance, our lawyers also advise multiemployer plans and their fiduciaries with regard to:

  • Plan administration
  • Investments
  • Prohibited transactions
  • Selection of and contracting with third-party providers
  • Preparation of government filings
  • Discussions with government officials
  • Pension plan funding