ERISA, Employee Benefits & Taft-Hartley Benefit Plans

ERISA, Employee Benefits & Taft-Hartley Benefit Plans

Overview

Cox, Castle & Nicholson has represented plan sponsors, trustees and employers with respect to all aspects of the Employee Retirement Income Security Act (ERISA) since its enactment in 1974. We serve as management general counsel to industry-wide, labor-management, multiemployer employee benefit plans and provide fiduciary counsel to trustees and to professional investment managers who have assumed responsibility for portions of privately-funded benefit plan investment portfolios. We also serve as ERISA advisory counsel to lenders, multiemployer and governmental plans, and parties transacting with ERISA plans with respect to ERISA compliance, fiduciary standards, prohibited transaction rules, plan asset issues, and dealings with the Pension Benefit Guaranty Corporation.

The depth and breadth of expertise of our ERISA practice is reflected in numerous federal Supreme Court and Court of Appeals decisions in favor of our clients. One of our practice group leaders has served on the ERISA Advisory Council of the U.S. Department of Labor, has testified before Congress on needed reforms in ERISA regarding multiemployer pension plan funding, has served on the National Coordinating Committee of Multiemployer Plans, and has represented construction industry employer interests on the Retirement Security Review Commission in the development and submission of proposed amendments to ERISA to permit the restoration, re-funding, and restructuring of multiemployer, labor-management pension plans.

Under ERISA, employers and parties under common control have potential withdrawal liability when ceasing their obligations to contribute to a pension plan on behalf of their employees. Since the Multiemployer Pension Plan Amendments Act of 1980 added the withdrawal liability provisions to ERISA, we have counseled clients on managing withdrawal liability issues and have litigated withdrawal liability in the federal courts, including before the United States Supreme Court.

Representative
Matters

Successfully defended the constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 before the United States Supreme Court.

Successfully defended and maintained trustee and sponsor interpretation of vacation plan structure through federal trial and appellate courts, obtaining a decision which protected trustee interpretations of ERISA benefit plans nationwide

Represented construction industry employer interests on the National Coordinating Committee for Multiemployer Plans and on the Retirement Security Review Commission in the Commission's development and submission of proposed pension plan and funding amendments to ERISA.

Represented health and welfare trust funds and trustees against hospital provider claims for non-payment of services to participants.

Defended plan trustees against claims of breach of fiduciary duties and prosecuted subsequent action and settlement on behalf of trustees against carrier for failure to provide coverage under fiduciary liability policies.

Counseled a multiemployer health and welfare plan on compliance with health care reform.

Attorneys &
Paralegals

Name Title City Phone  
Hamidi, Ali P. Partner San Francisco 415.262.5106
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McKenzie, Dwayne Partner Los Angeles 310.284.2279
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Miller, Jr., John S. (Rocky) Partner Los Angeles 310.284.2235
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Noneman, Charles E. Partner Los Angeles 310.284.2236
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