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PBGC Reporting, Monitoring, and Enforcement

ABA JOINT COMMITTEE ON EMPLOYEE BENEFITS  • DATE: December 9, 2010
SPONSORS: The Sections of Business Law; Health Law; Labor and Employment Law; Real Property, Trust and Estate Law; Taxation; Tort Trial and Insurance Practice; and the American College of Employee Benefits Counsel

General Information

Untitled Document

A 90-minute TeleConference
THURSDAY, DECEMBER 9, 2010

1:00-2:30 pm ET / 12:00-1:30 pm CT / 11:00 am-12:30 pm MT / 10:00 am-11:30 am PT

Moderator: Robert Miller, Calfee, Halter & Griswold LLP, Cleveland, OH

Panelists: Israel Goldowitz, Chief Counsel, Pension Benefits Guaranty Corporation, Washington, DC; Harold Ashner, Keightley & Ashner LLP (former Assistant General Counsel for Legislation and Regulations, PBGC) Washington, DC; Henry Talavera, Hunton & Williams LLP, Dallas, TX

This program will address recent PBGC reporting, monitoring, early warning, bankruptcy and other enforcement developments, with a focus on PBGC’s pursuit of “downsizing liability” under ERISA Section 4062(e) and on how to deal with this liability effectively.  

If your client maintains a PBGC-covered pension plan, you need to understand the various circumstances that may lead PBGC to pursue a claim that is a function of termination-based underfunding -- though the pension plan remains ongoing and there may be no intention to terminate it.  These circumstances go well beyond a traditional plant closing, and may include a going-concern sale, a transfer of operations to another facility, a suspension of operations, or the discontinuance of one operation with other operations continuing. 

The following topics will be discussed:

  • PBGC Reporting Requirements
  • Triggers for 4062(e) Liability
  • How the Liability is Calculated
  • Options for Settling the Liability
  • Other PBGC Enforcement Developments

*****IF PAYING BY CHECK: Make checks payable to ABA-JCEB and mail to 740 15th Street, N.W., Washington, DC 20005*****


   
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