Concrete Contractor Properly Assessed Withdrawal LiabilityWhitney Irish
Posting by Larry Beebe
The construction industry exemption to the withdrawal liability rules allows the assessment of withdrawal liability only if the withdrawing employer continues to perform covered work or starts such work again within five years of being obligated to contribute.
In a case in the tenth circuit a concrete contractor ceased its obligations to contribute to a multi employer plain in May, 2010 and began doing the same work as the withdrawn employer.
The count ruled that withdrawal liability was triggered in October 2010 and on the date the two companies were under common control and withdrawal liability could be assessed on both companies.
(Ceco Concrete Construction., LLC v. Centennial State Carpenters Pension Tr., 2016 BL 139926, 10th Cir., No 15-1021, 5/3/16)