C.F.R. » Title 29 » CHAPTER XL—PENSION BENEFIT GUARANTY CORPORATION › SUBCHAPTER I—WITHDRAWAL LIABILITY FOR MULTIEMPLOYER PLANS › PART 4219—NOTICE, COLLECTION, AND REDETERMINATION OF WITHDRAWAL LIABILITY › Subpart C—Overdue, Defaulted, and Overpaid Withdrawal Liability

29 C.F.R. § 4219.31

Overdue and defaulted withdrawal liability; overpayment

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Overdue withdrawal liability payment. Except as otherwise provided in rules adopted by the plan in accordance with § 4219.33, a withdrawal liability payment is overdue if it is not paid on the date set forth in the schedule of payments established by the plan sponsor.

(b) Default. (1) Except as provided in paragraph (c)(1), “default” means—

(i) The failure of an employer to pay any overdue withdrawal liability payment within 60 days after the employer receives written notification from the plan sponsor that the payment is overdue; and

(ii) Any other event described in rules adopted by the plan which indicates a substantial likelihood that an employer will be unable to pay its withdrawal liability.

(2) In the event of a default, a plan sponsor may require immediate payment of all or a portion of the outstanding amount of an employer's withdrawal liability, plus interest. In the event that the plan sponsor accelerates only a portion of the outstanding amount of an employer's withdrawal liability, the plan sponsor shall establish a new schedule of payments for the remaining amount of the employer's withdrawal liability.

(c) Plan review or arbitration of liability determination. The following rules shall apply with respect to the obligation to make withdrawal liability payments during the period for plan review and arbitration and with respect to the failure to make such payments:

(1) A default as a result of failure to make any payments shall not occur until the 61st day after the last of—

(i) Expiration of the period described in section 4219(b)(2)(A) of ERISA;

(ii) If the employer requests review under section 4219(b)(2)(A) of ERISA of the plan's withdrawal liability determination or the schedule of payments established by the plan, expiration of the period described in section 4221(a)(1) of ERISA for initiation of arbitration; or

(iii) If arbitration is timely initiated either by the plan, the employer or both, issuance of the arbitrator's decision.

(2) Any amounts due before the expiration of the period described in paragraph (c)(1) shall be paid in accordance with the schedule established by the plan sponsor. If a payment is not made when due under the schedule, the payment is overdue and interest shall accrue in accordance with the rules and at the same rate set forth in § 4219.32.

(d) Overpayments. If the plan sponsor or an arbitrator determines that payments made in accordance with the schedule of payments established by the plan sponsor have resulted in an overpayment of withdrawal liability, the plan sponsor shall refund the overpayment, with interest, in a lump sum. The plan sponsor shall credit interest on the overpayment from the date of the overpayment to the date on which the overpayment is refunded to the employer at the same rate as the rate for overdue withdrawal liability payments, as established under § 4219.32 or by the plan pursuant to § 4219.33.

Notes of Decisions
Cited in 21 cases (8 in the last 5 years), 1997–2024 · leading case: N.Y. Times Co. v. Newspaper & Mail Deliverers'-Publishers' Pension Fund
Sort: Relevance Newest Treatment
N.Y. Times Co. v. Newspaper & Mail Deliverers'-Publishers' Pension Fund (2018) ilsd · cites it 5× “" 29 C.F.R § 4219.31 (d). The simultaneous existence of these provisions-one expressly referencing the payment of interest and the other conspicuously not-muddies the water.”
Central States Southeast & Southwest Areas Pension Fund v. O'Neill Bros. Transfer & Storage Co. (2010) ca7 · cites it 3× “29 C.F.R. § 4219.31 (c)(1). With this description of the underlying statutory scheme in mind, we now shall turn to the facts of the case.”
Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund v. Kero Leasing Corp. (2004) ca3 · cites it 6× “See 29 C.F.R. § 4219.31 (d) recover the withdrawal liability in a district (requiring a plan sponsor to refund court.”
Roofers Local No. 30 Combined Pension Fund v. D.A. Nolt, Inc. (2010) paed · cites it 2× “Consistent with Paragraph Nine of the June 20, 2009 Final Award, the Plaintiffs are ORDERED to refund to Defendant, no later than thirty days after the entry of this Order, all withdrawal liability payments made by Defendant, together with statutory interest pursuant to 29…”
Boland v. Wasco, Inc. (2014) dcd “After making the first twelve monthly interim payments, WASCO ceased paying.”
Chicago Truck Drivers, Helpers & Warehouse Union (Independent) Pension Fund v. Century Motor Freight, Inc. (1997) ca7 · cites it 4× “Century had argued that it was not legally required to pay an accelerated amount under 29 C.F.R. § 4219.31 (c)(1), 2 a regulation issued by the Pension Benefit Guaranty Corporation (PBGC) delaying acceleration of a fund’s withdrawal liability assessment where the employer has…”
Jofaz Transportation Inc. v. Local 854 Pension Fund (2024) nysd · cites it 5× “) withdrawal liability payments because they are considered overpayments, citing to 29 C.F.R. § 4219.31 (d). (Jofaz’s Mem. at 1; Jofaz’s Reply at 1, 5.”
International Painters and Allied Trades Industry Pension Fund v. Lettermen Signage, Inc. (2024) mdd · cites it 4× “” 29 C.F.R. § 4219.31 (c)(1). I. Analysis The Court’s initial task is to determine whether the Complaint’s well-pleaded allegations support the relief sought.”
Mar-Can Transportation Company, Inc. v. Local 854 Pension Fund (2024) nysd · cites it 3× “7 Regarding withdrawal liability overpayments, 29 C.F.R. § 4219.31 (d) states: 7 According to the March 22 Decision, Mar-Can’s withdrawal liability would be reduced to $0 after the Old Plan applies the § 1415(c) reduction, based on the undisputed values for the assets…”
Ceco Concrete Construction, LLC v. Centennial State Carpenters Pension Trust (2014) cod “The Defendant is required to refund all withdrawal liability payments made by Plaintiff/Counter-Defendant, together with interest from the date of each quarterly payment pursuant to 29 C.F.R. § 4219.31 (d). 3. Plaintiff/Counter-Defendant’s request for costs and expenses,…”
Trustees of the Iam National Pension Fund v. M & K Employee Solutions, LLC (2021) dcd · cites it 2× “§ 1401 (d); see 29 C.F.R. § 4219.31 (d) (“If the plan sponsor or an arbitrator determines that payments made in accordance with the schedule of payments established by the plan sponsor have resulted in an overpayment of withdrawal liability, the plan sponsor shall refund the…”
Penske Logistics LLC v. Freight Drivers and Helpers (2018) ca4 “See 29 C.F.R. §§ 4219.31 (d), 4219.32, 4221.10(c); J.”
Show all 21 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.