Multiemployer plans: Multiemployer plans- reciprocal pensions-vesting- breach of fiduciary duty

Article Abstract:

In the Smith vs Contini lawsuit, the court ultimately ruled that pro-rate pension requirements violate ERISA when they make benefits contingent upon obtaining more service credits than ERISA permits. Trustees of funds offering pro-rata pensions have a fiduciary duty to comply with the law. The case involved a trucker who earned service credits with several different Teamsters locals, which had reciprocal agreements. When he applied for pension benefits, he was at first turned down on the grounds that he needed to have 15 years of credits to qualify; ERISA has a maximum vesting requirement of 10 years.

Pension & Benefit Regulation, Pensions, International Brotherhood of Teamsters, Smith, Stanley,

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Multiemployer plans: mulitemployer plans- obligation to contribute- written areement

Article Abstract:

In the suit against C Volante, the Local 282 funds were entitled to contributions to multiemployer funds on the grounds of a prior union contract. The truck rental company had not actually signed the collective bargaining agreement, but had signed a prior agreement and had submitted remittance reports to multiemployer funds on the basis of the signed agreement. The court ultimately found that the company owed full contributions because it submitted partial payments, although it had not signed a collective bargaining agreement in some years.

Automotive Rentals, No Drivers, Truck rental and leasing, no drivers, Truck Rent & Lease, Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing, Collective Bargaining Regulatn, Automobile lease and rental industry, Car leasing, Car rental, Labor law, Lease and rental services industry, Lease and rental services, Labor contracts, Collective bargaining, Truck rental, C. Volante Corp.

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Multiemployer plans - fiduciary duty - corporate officers as fiduciaries

Article Abstract:

The clarifications relating to the imputation of fiduciary duties to corporate officers as discussed in ITPE Pension Fund v. Hall, 30 Employee Benefits Case, (BNA) 1943, 2003 U.S. App. LEXIS 12477 (11th Cir. 2003) are presented.

Legal issues & crime, Pension, health, and welfare funds, Pension Funds & Benefit Plans, Pension Funds, Legal/Government Regulation, Company legal issue, Employee benefits, United States. Court of Appeals for the 11th Circuit

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