OUR PRACTICE AREAS: MULTI-EMPLOYER AND TAFT-HARTLEY PLANS    

 

Serving the Unique Legal Needs of Multi-Employer Plans

MMPL has decades of experience addressing the specialized legal needs of multi-employer and Taft-Hartley plans, including pension, health, 401(k), annuity, training, apprenticeship, vacation and other trusts.

In many fundamental areas, such as who may make decisions regarding the plan and who may participate in it, the law is markedly different for Taft-Hartley plans than for other employee benefit plans. Our services to Taft-Hartley plans include the full range of services provided in our retirement plans and health & welfare plans practice areas. In addition, extensive experience with dozens of Taft-Hartley plans provides MMPL attorneys with the skill and knowledge needed to address the unique legal needs of Taft-Hartley plans, including:

  • Joint management by employer and union representatives, and legally-mandated Trustee voting rules
  • Resolution of Trustee disputes, including whether binding arbitration of a particular dispute is required by law
  • Legal limitations on Trustee appointment methods
  • Legality of participation by working owners
  • Requirements for employee status of participants in certain Taft-Hartley plans (such as pension and health plans)
  • Special rules and exemptions from ERISA “prohibited transaction” and similar rules for Taft-Hartley plans
  • Unique fiduciary responsibility issues for Taft-Hartley plans
  • Specialized application and exemptions from nondiscrimination testing for Taft-Hartley plans
  • Employer audits and collection issues
  • Withdrawal liability issues for Taft-Hartley pension plans
  • Pension Protection Act funding issues, including funding improvement and rehabilitation plans