C.F.R. » Title 29 » CHAPTER XL—PENSION BENEFIT GUARANTY CORPORATION › SUBCHAPTER I—WITHDRAWAL LIABILITY FOR MULTIEMPLOYER PLANS › PART 4221—ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS

29 C.F.R. § 4221.1

Purpose and scope

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(a) Purpose. The purpose of this part is to establish procedures for the arbitration, pursuant to section 4221 of ERISA, of withdrawal liability disputes arising under sections 4201 through 4219 and 4225 of ERISA.

(b) Scope. This part applies to arbitration proceedings initiated pursuant to section 4221 of ERISA and this part on or after September 26, 1985. On and after the effective date, any plan rules governing arbitration procedures (other than a plan rule adopting a PBGC-approved arbitration procedure in accordance with § 4221.14) are effective only to the extent that they are consistent with this part and adopted by the arbitrator in a particular proceeding.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2015–2024 · leading case: Div. 1181 Amalgamated Transit Union-N.Y. Emps. Pension Fund v. Logan Transp. Sys., Inc., 293 F. Supp. 3d 336 (E.D.N.Y. 2018).
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Div. 1181 Amalgamated Transit Union-N.Y. Emps. Pension Fund v. Logan Transp. Sys., Inc., 293 F. Supp. 3d 336 (E.D.N.Y. 2018). · cites it 2× “) The rules state that "arbitration shall be initiated and conducted in accordance with regulations promulgated by the Pension Benefit Guaranty Corporation at 29 CFR § 4221.1 et seq. " ( Id. ¶ 2 .) 10.”
Dairy v. Dairy Employees Union Local No. 17 Christian Labor Ass'n of the United States Pension Trust, 153 F. Supp. 3d 1217 (E.D. Cal. 2015). “29 C.F.R. § 4221.10 . Under 29 C.F.R. § 4221.”
Penske Logistics LLC v. Freight Drivers & Helpers, No. 16-2115 (4th Cir. Jan. 10, 2018). “§§ 1301 (a)(10), 1385(a), 1401(a); 29 C.F.R. § 4221.1 . Under the MPPAA, all trades or businesses under common control are treated as a single employer, and each member of the controlled group is liable for the withdrawal of any other member.”
Penske Logistics LLC v. Freight Drivers & Helpers, 820 F. App'x 179 (4th Cir. 2020). “§§ 1301 (a)(10), 1385(a), 1401(a); 29 C.F.R. § 4221.1 . Under the MPPAA, all trades or businesses under common control are treated as a single employer, and each member of the controlled group is liable for the withdrawal of any other member.”
Nevada Resort Assocation - Int'l All. of Theatrical Stage Employees & Moving Picture Mach. Operators of the United States & Canada Local 720 Pension Trust v. JB Viva Vegas, L.P., No. 2:19-cv-00499 (D. Nev. Mar. 29, 2024). “19 89 29 C.F.R. § 4221.1 (cleaned up). 20 90 Id.”
Div. 1181 Amalgamated Transit Union - New York Employees Pension Fund v. Canal Escorts, Inc., No. 1:14-cv-04575 (E.D.N.Y. Mar. 26, 2020). “1 of the Withdrawal Liability Rules merely states that arbitrations shall be initiated and conducted in accordance with 29 C.F.R. § 4221.1 et seq., which in turn directs—in section 4221.”
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