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In response, Congress eventually enacted the MPPAA. Rubber Associates requested review of the withdrawal liability assessment and offered to resume making contributions to the Fund on November 1, 2010. The district court assumed that Rubber Associates was subjected to a union-mandated withdrawal as defined in the Report, and we assume the same. hbbd``b`$@,~ $@D`@,GqD/ qa%#RG~ See 29 C.F.R. The Fund's trustees responded that they had properly relied on the calculation of withdrawal liability made by the actuary for the [Fund]. DE 2246, Resp., Page ID 2226. UFCW Union Local 1995 and Employers Health & Welfare Fund is located in Atlanta, Georgia. at 723. at 28. T-c9KsB6lcBQYvD Z9nn3aPx/2 Withdrawing employers that are insolvent may have their withdrawal liability reduced by 50%. A shared lunchroom, or shared office space, between the Fund and the Union is surely not enough, nor are Rubber Associates' additional allegations, even when considered together as circumstantial proof. 1391. The local offices make up eight geographic regions- seven dividing up the United States and another region for Canada. Win whats next. Regardless of whether this is true, Congress has not taken action in the twenty-four years since the Report was published. The PBGC issued a report in 1978, finding that ERISA did not adequately protect plans from the adverse consequences that resulted when individual employers terminate their participation in, or withdraw from, multiemployer plans. Gray, 467 U.S. at 722. At the UFCW National Health & Welfare Fund we can design and administer any negotiated health care benefit. Although the Sixth Circuit in Findlay Truck Line, Inc. v. Central States, Southeast & Southwest Areas Pension Fund, 726 F.3d 738, 755 (6th Cir.2013), cited the Report, it did so only to borrow the PBGC's definition of a union-mandated withdrawal. !fZNrPfqzI"u1r~L Rubber Associates then sought arbitration of its claims pursuant to 29 U.S.C. Win whats next. Nat'l Ins. There is no formal system for identifying all pension funds associated with a union. Find your local union - The United Food & Commercial Workers International Union | The United Food & Commercial Workers International Union Start a Union Members Find your local union The UFCW has local union offices all across the contiguous United States, Alaska, Hawaii, Puerto Rico, and Canada. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United states. See Mass. States, Se. With the enactment of ERISA in 1974, Congress created the Pension Benefit Guaranty Corporation (PBGC) to administer a plan termination insurance program. NN;i(
`IZ8 D}?sKT16Gd)Hd5BmXuQ^}^ The withdrawal assessment exceeds half of Rubber Associates' annual sales in 2009, 2010, and 2011. The district court granted the Fund's motion to dismiss Rubber Associates' counterclaim. Read orders here. 1-800-241-7701, UFCW Unions and Employers Legal Assistance Fund, UFCW Union Local 1995 and Employers Health and Welfare Fund, UFCW Unions and Employers Health and Welfare Fund - Atlanta. The strength of our union is our members, and the UFCW is committed to improving their lives every single day. LEARN MORE UFCW Unions and Employers Legal Assistance Fund Welcome to the UFCW Pension Information System View your personal pension records, including profile, contributions, and accrued benefits. Grp. The UFCW is made up of 1.4 million members people working together to improve their lives and their future. at 725. endstream
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Stay tuned! If you just started a new job or just started with us, congratulations and welcome to the family. Legal notice: Courts have enjoined non-Associate UFCW agents from entering Walmart property, except to shop, in AR, CO, FL, OH, TX, and MD and from doing non-shopping activity inside CA stores. All rights reserved. JH 1391(c)(1); 29 C.F.R. Id. UFCW members are employed in many different industries, but concentrated in retail food, meatpacking, poultry, and other food processing industries.
For example, under certain conditions, the employer will either not incur any withdrawal liability or will have reduced withdrawal liability if it ceases contributing to a plan due to a sale of its assets to another employer. jP
National Pension Fund Facts 309 New Retirees as of March 1, 2023 More than 85% of all retirees have Electronic Funds Transfer of their Pension Benefit Participating Local Unions across the United States National Pension Fund established 1965 The UFCW is made up of 1.4 million members people working together to improve their lives and their future. In a 63 decision released on June 24, 2022, Dobbs v. Jackson Womens Health Organization, the Supreme Court majority overturned Roe v. Wade, holding that the authority to regulate abortion belongs to the states and not the federal government. 5. "0 kg
Currently there are approximately 86,000 active participants and 89,951 term-vested participants. Box 3891 Oak Brook, IL 60522-3891 Fax Number (312) 329-7923 Email Inquiries The PBGC complied, and in 1991 issued its study on union-mandated withdrawals (the Report).2 The Report stated that a complete withdrawal occurs when an employer permanently ceases to have an obligation to contribute under the plan or permanently ceases all covered operations under the plan. Id. We agree with the district court that the factual allegations do not support Rubber Associates' claims of collusion and self-dealing, and so we decline to decide whether theories of collusion and self-dealing would justify equitable relief. The Southern California United Food & Commercial Workers Unions and Food Employers Pension Fund and the United Food & Commercial Workers Unions and Food Employers Benefit Fund (the "Funds") were created more than 40 years ago, as a result of collective bargaining between the Southern California Retail Food Employers and the Southern California UFCW Union Locals. 29 U.S.C. 980, 190 L.Ed.2d 835 (2015) (quoting HandyClay v. City of Memphis, 695 F.3d 531, 538 (6th Cir.2012)). We encourage you to explore the website and look forward to expanding online capabilities for participants and employers, small enough to care BIG enough to make a difference!. of Calif., Inc. v. Constr. Rubber Associates next argues that there is an awkward gap in ERISA's statutory scheme. Learn more about how your union contract works. Rubber Associates asserts that collusion is an agreement between two or more persons to obtain an object forbidden by the law. Appellant Br. If you are, the steps to joining the UFCW are simple. The Fund calculated Rubber Associates' withdrawal liability in accordance with the MPPAA's presumptive method, and the parties agree that, if the presumptive method is to be applied, the Fund accurately calculated Rubber Associates' withdrawal liability. Apparently, the object forbidden by the law in this case was the deprivation of Rubber Associates' legal right to continue participating in the Fund. Id. The Fund Office is proud to support these loyal, hard-working participants that are responsible for our growth and progress. This court has previously created federal common law under ERISA to provide for restitution claims, see Whitworth Bros. A Ua`q(:3(HM \z_{}et K The United Food and Commercial Workers Union is North Americas largest and strongest private sector union. During the strike, the Union filed several unfair labor practice charges with the National Labor Relations Board (NLRB). It is important to know who the stewards are at your workplace so you know who to turn to if you have any questions or concerns. Rubber Associates withdrew its proposal for the 30cent rate and agreed to maintain its previous contribution rate of 62 cents, which the Union accepted. You can print your 2022 1099-R tax form in the UFCW Participant Portal! Union stewards are fellow coworkers and union members who have been trained to represent their coworkers on management issues, contract violations and at disciplinary meetings. 4211.1(a); see also 29 U.S.C. at 29. Copyright 2023, Thomson Reuters. YF8e1 The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. %%EOF
2264, 124 L.Ed.2d 539 (1993)). See DiGeronimo, 763 F.3d at 512. @?A0"2|k\\k,d#%OD\WVmp.NTWu~Ri%({o[\LJF-VNg;'kI3i5EV7~ k!m
President Biden recently signed the Inflation Reduction Act into law. 2709, 81 L.Ed.2d 601 (1984). The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. H,0&;=
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The NLRB ruled in Rubber Associates' favor on the major allegations.
denied, U.S. , 135 S.Ct. Legal notice: Courts have enjoined non-Associate UFCW agents from entering Walmart property, except to shop, in AR, CO, FL, OH, TX, and MD and from doing non-shopping activity inside CA stores. After the United Food and Commercial Workers Union (the Union) disclaimed interest in representing the company's employees, Rubber Associates was deemed to have withdrawn from the Fund, pursuant to the Multiemployer Pension Protection Amendments Act of 1980 (MPPAA). After decades of hard work, you deserve the rest and relaxation that comes with a secure retirement. The parties disagree, however, on whether we should create federal common law under ERISA to carve out special liability rules for contributing employers which are forced out of pension funds due to union-mandated withdrawal.3 Specifically, Rubber Associates contends that we should calculate its withdrawal liability pursuant to the direct attribution method as detailed in the Report, which would decrease its liability from $1,713,169 to $312,000. at 13, Page ID 100. See Lamie v. United States Trustee, 540 U.S. 526, 538, 124 S.Ct. The UFCW International Union is organized by departments and divisions to effectively serve the interests of UFCW members.
P L \Dl))c?LE@67f&`e!N Please try again. Finally, Rubber Associates cites a Third Circuit opinion from 1988 for the proposition that federal courts may fashion equitable relief pursuant to ERISA based on the alleged collusion and self-dealing of the Fund and the Union.5 Although Carl Colteryahn Dairy, Inc. v. Western Pennsylvania Teamsters & Employers Pension Fund, 847 F.2d 113 (3d Cir.1988), dealt with outright fraud, which Rubber Associates admits is not present in this case, Rubber Associates asserts that Colteryahn may serve as the source of law for its claim based on the alleged collusion and self-dealing between the Union and the Fund. - Today, the United Food and Commercial Workers International Union (UFCW), announced its opposition to a multiemployer pensions proposal from U.S. Senate Finance Committee Chairman Charles Grassley and U.S. Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander. Contact 1 800 531 2385 K m`i=4 AxO\|i&)3G4IEG{bA This website has information on your Pension Fund and tips on how to get the most out of your benefits. Our Executive Team brings a wealth of experience and leadership to the day-to-day operations of UFCW Unions & Employers Benefits Administration, LLC. Had Congress intended to create equitable relief for a union-mandated withdrawal, it certainly knew how to do sothe Report suggests possible rules for union-mandated withdrawals. The PBGC suggested that Congress establish new rules under which a withdrawing employer would be required to pay whatever share of the plan's unfunded vested liabilities was attributable to that employer's participation. Id. Rubber Associates cites several cases for the proposition that it has standing to maintain a cause of equitable relief pursuant to 29 U.S.C. 2. In enacting ERISA, Congress stated: It is hereby declared to be the policy of this chapter to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts. o&K(LXA Z6{klbaz\%uadfYRFrJK}jyqshHH~MfjX@2DRg,C}c}%ZD5dW&6
Sb>1JyF2 As a result, some of these pension fund may not be associated with the union. Contact us. Macys Workers in California Ratify a New Contract, Cannabis Workers in New Jersey Join Local 360, Farmers Markets Workers in the DMV Area Join Local 400. at 2829. Home - The United Food & Commercial Workers International Union | The United Food & Commercial Workers International Union How We Make Work Better How to get better wages and benefits Work-Life Balance Fair scheduling and leave Access to affordable health care Workplace safety & keeping workers safe Right to work laws vs real job security at 15, Page ID 102. The test for creating federal common law under ERISA, however, does not ask whether policy goals would be eroded, but rather whether federal common law is essential to the promotion of fundamental ERISA policies. DiGeronimo, 763 F.3d at 511 (emphasis added). 1001(b) (emphasis added). The Fund sued in the district court to enforce the arbitration award. N |Vm]D^ut^:WQE Rubber Associates next argues that even though Congress failed to take action based on the Report, this was because no true union-mandated withdrawal had occurred at the time the Report was issued. Appellant Br. | 2<7n
. r'^qU1}"{Q^`gv!5aw[-7-! ]yE($'u On July 12, 2022, Northside Hospital system and Anthem announced they have finalized an agreement to provide Anthem members with in-network access to care at Northside's hospitals, physicians, and other outpatient locations. This shall be in accordance with the Participation Agreement letter signed by the Company, dated April 20,1990. Congress commissioned the Report and heeded its recommendation not to act. Estimate your retirement income and explore payment options for any projected future retirement date. United Food & Commercial Workers District Council, United Food & Commercial Workers Regional Council 4, United Food & Commercial Workers Regional Board, United Food & Commercial Workers Regional Council 6, United Food & Commercial Workers Local 21, United Food & Commercial Workers Regional Council 3, United Food & Commercial Workers Local 1262, See All Locals and Other Affiliated Organizations, National Institute on Money in State Politics, 8(b)(1)(A) Duty of Fair Representation, incl'g Superseniority, denial of access, 8(a)(1) Coercive Actions (Surveillance, etc), 8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing), 8(a)(3) Discharge (Including Layoff and Refusal to Hire (not salting)), 8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.
In order to decertify a union, a majority of the unionized employees must vote to remove the union in an election overseen by the National Labor Relations Board (NLRB). Welcome to the family! Quite simply, Rubber Associates overreaches on this point. For the first five, OLMS requires unions to provide detailed information on any recipient that received more than $5,000 per year. UFCW Unions & Employers Health & Welfare Fund Atlanta ("Atlanta Fund") is located in Atlanta, Georgia. In light of these objectives, ERISA provides four statutory methods for calculating withdrawal liability: (1) the presumptive method, (2) the modified presumptive method, (3) the rolling5 method, and (4) the direct attribution method. The Fund Office administers health and welfare benefits for eligible participants and dependents in the states of Georgia, Alabama and South Carolina. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contracts can help ease possible tensions between you and your managers by making it really clear what the agreed upon rules are, as well as what to do when they are violated. at 19, Page ID 3119. ERISA comprehensively addresses how withdrawal liability may be determined and provides four statutory methods for calculating withdrawal liability. For more information about this Notice, you may contactthe Board of Trustees, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund, 3031B Walton Road, Plymouth Meeting, PA19462, telephone (866) 928-8329 or (610) 941-4282When it is completed, you and participants will have a right to receive. ] Id. Laborers Pension Trust, 508 U.S. 602, 60509, 113 S.Ct. More on how we make work better How to get better wages and benefits Right to work laws vs real job security Meat Cutters Pension Fund Address: PO BOX 6000. Established in 1963, the fund covers employees of retail food stores, meat markets, nursing homes, and similar industries, who are members of the United Food and Commercial Workers Union in the Midwest region. %PDF-1.6
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For the following reasons, we affirm the district court's decision. The pension fund provides retirement, disability, and death benefits to employee-members and beneficiaries. The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. Have a question about the Covid-19 vaccine? Insurance Email: insurancedepartment@ufcwemprfund.org, Pension Email: pensiondepartment@ufcwemprfund.org, Toll-Free:
M Cqs's^!%ns_$5`s}ws\2]3L5_`i As part of the MPPAA, Congress directed the PBGC to study and report on the necessity of adopting special rules in cases of union-mandated withdrawal from a multiemployer pension plan. DE 52, PBGC Report at 1, Page ID 88. The United Food and Commercial Workers International Union ( UFCW) is a labor union representing approximately 1.3 million workers [1] in the United States and Canada in industries including retail; meatpacking, food processing and manufacturing; hospitality; agriculture; cannabis; chemical trades; security; textile, and health care. 10011461. The Fund is a multiemployer pension plan with approximately fifty (50) contributing employers and fourteen thousand (14,000) employees or participants, largely associated with the region's supermarkets and drug stores. ftypjp2 jp2 jpxbjpx rreq @ . The PBGC conclude[d] that a union-mandated withdrawal occurs in only the rarest of circumstances, and that any effect that such a withdrawal would have is minuscule when compared to the many thousands of ongoing collective bargaining relationships that are at work in the multiemployer pension plan setting. Id. We agree with the district court that ERISA contains a comprehensive statutory and regulatory scheme for determining withdrawal liability and is not silent or ambiguous on the subject. Rubber Associates, 2015 WL 778781, at *5. Despite its ultimate recommendation that Congress take no action on this matter, the PBGC suggested rules for Congress to enact if it nonetheless decided to legislate special rules for union-mandated withdrawals. ", Source: Internal Revenue Service by way of the Center for Responsive Politics. Unlike Political Action Committees, which are strictly regulated by the Federal Election Commission, 527s are regulated by the IRS. Kroger Co. ratified an agreement to withdraw from the United Food and Commercial Workers International Union-Industry Pension Fund and contribute to a new variable annuity pension plan . ERISA simply fails to afford Rubber Associates relief in this situation. In this case, creating an equitable remedy for union-mandated withdrawals will not close an awkward gap in the statutory scheme, because there is no gap to close. at 1824, Page ID 10511. Rubber Associates contends that the Report should be afforded weight as interpretative guidance. Appellant Br. Source: Federal Mediation and Conciliation Service. at 38. at 17. United Food & Commercial Workers Union Employer Pension Fund (UFCW Union Employer Pension Fund) is a union pension fund based in Broadview Heights, Ohio. at 327, Page ID 2856. UFCW regions and locals are all a part of the greater UFCW International Union. Corp., 446 U.S. 359, 375, 100 S.Ct. Council efforts build stronger communities, safer workplaces and a brighter future for workers and their families across North America. It is not our role to create law in situations where Congress has declined to act. Legal Disclaimer Attention! Our Union represents a wide array of industries ranging from retail stores, packing & processing food plants, nursing homes, CDL truck drivers, barbers, and workers in the healthcare field. Unionized employees, business owners, managers, and others often bring labor law charges against unions. These local unions bargain contracts, help non-union workers organize, and in general handle most of the day-to-day issues that directly affect members. The Labor-Management Reporting and Disclosure Act (LMRDA), which is enforced by the Office of Labor-Management Standards, requires labor unions to file annual reports detailing their operations. 'https://':'http://') + 'secure.wufoo.com/scripts/embed/form.js'; s.onload = s.onreadystatechange = function() { var rs = this.readyState; if (rs) if (rs != 'complete') if (rs != 'loaded') return; try { xti77mu0yuyuar = new WufooForm(); xti77mu0yuyuar.initialize(options); xti77mu0yuyuar.display(); } catch (e) { } }; var scr = d.getElementsByTagName(t)[0], par = scr.parentNode; par.insertBefore(s, scr); })(document, 'script'); All hours are EST for New Jersey office and PST for California office. N 7|p AoO
!kdgH8DIVt}0O Jackson v. Sedgwick Claims Mgmt. United Food and Commercial Workers Local 152 Benefit Funds Retail Meat Pension Fund Note: The Independent Packing Houses (IPH) Pension Fund has merged into the United Food and Commercial Workers Union Local 152 Retail Meat Pension Fund 291 0 obj
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Bloomberg. Id. From negotiating with employers to improve working conditions to organizing community food drives, we know together we can make a difference and improve the lives of those around us. In support, Rubber Associates cites several cases for the general proposition that the PBGC's interpretation of ERISA must be considered. Rubber Associates insists that its withdrawal liability should be calculated in accordance with the Report's direct attribution method. Mid Atlantic Ufcw And Participating Employers Pension Fund, Ufcw - Northern California Employers Joint Pension, Desert States Employers & Ufcw Unions Pension Plan, Rocky Mountain Ufcw Unions And Employers Pension Plan, Ufcw Union Local No.655, Food Employers' Joint Pension Plan, Ufcw Local 1776 & Participating Employers Pension Fund, Central Ohio Ufcw Unions And Retail Employers Pension Plan, Employees Retirement System Of H. J. Heinz Company Plan B/c For Heinz Employees Represented By Ufcw, Ufcw Pharmacists, Clerks And Drug Employers Pension Trust, Ufcw Unions And Participating Employers Pension Plan, Retail Food Employers & Ufcw Local 711 Pension, Ufcw Union & Partcipating Food Industry Employers Tri-state Pension Fund, Ufcw Union Local 919 & Contributing Employers' Food Pension Fund, Kunzler & Company, Inc. Ufcw Union Employees' Pension Plan, Cooperativa de Ahorro y Credito de Cabo Rojo. For more information about this Notice, you may contact the Board of Trustees, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund, 3031 B Walton Road, Plymouth Meeting, PA 19462, telephone (866 . In late 2006 or early 2007, Rubber Associates and the Union began negotiations for a new CBA. These factual allegations, without more, would prove only that the Union and the Fund were interrelated, not that any improper or illegal collusion occurred. B D_$Z)D2446HgLq_2' One of our major strengths is our ability to listen to your needs and design benefit packages that create solutions where none seem to exist. 2023 PitchBook. (1) Effective Febmary 1, 1993, the Company will contribute $.41 (forty one cents) per 0
If you are looking for specific information about your contract or news in your area, it is best to reach out to your local union office. United Food & Commercial Workers Union Employer Pension Fund, Youre viewing 5 of 45 commitments. Atlanta Fund Anthem and Northside Negotiation Updates. For eligible members: UFCW Union-Industry Pension Fund. However, there is no authority that would forbid Caruso from serving both the Union and the Fund at the same time. of W. Conference of Teamsters Pension Trust Fund v. Thompson Bldg. In sum, allowing employers to reduce or eliminate their withdrawal liability is unrelated to the purpose of the MPPAA, which Congress designed to protect multiemployer plan beneficiaries by providing contributing employers with an incentive to remain in financially unstable plans rather than immediately withdrawing from such plans. DiGeronimo, 763 F.3d at 512 (citing Milwaukee Brewery Workers' Pension Plan v. Joseph Schlitz Brewing Co., 513 U.S. 414, 41617, 115 S.Ct. We decline to tamper with this calculation scheme because Congress has expressly enacted specified statutory methods for the calculation of withdrawal liability. * )ehlbjfnaiUXT\RZV^QY5yighXj-[msC=vS._z=~/_}o%qh3TD8A0&bqj#'\X{p@8-f;v0@K.K;zT%fYaQy2}RhcIc=V]}f[B!4v[ ,*V[ApKQjF3100i9a~_}P8#kh%K2=,'$Y2OHd4dh>!|B%$KF I,'$Y2OHd4dh>!|B%$KF I,'$Y2OHd4dh>!|B%$KF I,'$Yr}Tu3.RkQyv$9vV0Yia If you need assistance with your retirement benefits, please contact us at (800) 531-2385. Although ERISA contains a number of specific exceptions that reduce or eliminate withdrawal liability in certain circumstances, an exception for union-mandated withdrawals is not among them. Rubber Associates, 2015 WL 778781, at *5. F D^hI>opT*tw~,N `:Gz The Union responded with its final offer, which included a $1,000 signing bonus and wage increases for some employees. shall participate in the Canadian Commercial Workers Industrial Pension Plan (C.C.W.I.P.P.). Whether it is through the benefits negotiated in your union contract or through exclusive opportunities and discounts available only to UFCW members, we want to make sure you know the value of your UFCW membership. 1405(b). The Fund Office administers health and welfare benefits for eligible participants and their dependents in the states of Tennessee and Kentucky. However, the Report is not a source of law and we need not treat it as one. Likewise, Rubber Associates' predictive chain of events (i.e., that unions will force more union-mandated withdrawals, which will discourage employers from entering into or staying in multiemployer plans, and therefore plans will be worse off financially), does not address how the policy of ERISA will be promoted by creating special liability calculations for union-mandated withdrawals. Rubber Associates appeals the district court's dismissal of its counterclaim. LEARN MORE UFCW Unions and Employers Legal Assistance Fund Some incidents may be accounted for in multiple categories. Just click the "LOGIN" button in the top righthand corner of this webpage to setup your login information and get started! According to Rubber Associates, failure to remedy a union-mandated withdrawal creates a dangerous imbalance of power between employers, unions and union-dominated pension funds going forward and would actually encourage unions to kick small employers or employers with high employee turnover out of the plan altogether, such that pension funds and unions [could] use withdrawal liability as a weapon against contributing employers or as a funding mechanism. Appellant Br. Use the Benefit Estimator as your personal retirement planning tool!
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