29 U.S.C. § 1323
Plan fiduciaries
Notwithstanding any other provision of this chapter, a fiduciary of a plan to which section 1321 of this title applies is not in violation of the fiduciary’s duties as a result of any act or of any withholding of action required by this subchapter.
Notes of Decisions
Cited in 5
cases, 1979–1999 · leading case: Castillo v. Case Farms of Ohio, Inc., 96 F. Supp. 2d 578 (W.D. Tex. 1999).
Castillo v. Case Farms of Ohio, Inc., 96 F. Supp. 2d 578 (W.D. Tex. 1999). “29 U.S.C. § 1323 (a); 29 C.F.R. § 1910.142 et seq.”
Pension Benefit Guar. Corp. v. Heppenstall Co., 633 F.2d 293 (3rd Cir. 1980). “29 U.S.C. § 1323 (1976). Thus the statutory scheme provides for mandatory insurance of benefits and optional insurance of employer contingent liability.”
Nachman Corp. v. Pension Benefit Guar. Corp., 592 F.2d 947 (7th Cir. 1979). “…would not have been available to Nachman since such insurance would have had to be in effect for 60 months. 29 U.S.C. § 1323 (d).”
Sibley, Lindsay & Curr Co. v. Bakery, Confectionery & Tobacco Workers Int'l Union, 566 F. Supp. 32 (W.D.N.Y. 1983). “29 U.S.C. § 1323 . 2 . The primary purpose of imposing substantial withdrawal liability was to reduce a perceived incentive for employers to withdraw early from financially troubled pension funds with the hope that the Fund would remain solvent for at least five years, thus…”
Pension Benefit Guar. Corp. v. Dicenso, 698 F.2d 199 (3rd Cir. 1983). “ERISA originally provided for optional employer insurance against such liability, 29 U.S.C. § 1323 (1976), but such coverage was never offered by PBGC.”
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