Withdrawal liability can reach far beyond the withdrawing employer. The most common way a non-employer becomes liable is through controlled group liability.
Withdrawal liability can reach far beyond the withdrawing employer. The most common way a non-employer becomes liable is through controlled group liability.
In the first episode of this two-part series, senior counsel Neil Shah and partner Anthony Cacace explain how controlled group rules work, why they often catch businesses off guard, and how liability can extend across affiliated entities, and even to individual owners.
Neil Shah: Welcome to the Proskauer Benefits Brief: Legal Insight on Compensation & Benefits. I'm Neil Shah, a senior counsel at Proskauer. This is the third episode in our multi part series on withdrawal liability. Today, we're talking about who other than the withdrawing employer actually owes the withdrawal liability. With us today is Anthony Cacace, a partner at Proskauer. Anthony, why don't you tell us a little bit about what you do at Proskauer and how withdrawal liability comes up in your practice?
Anthony Cacace: Sure, Neil and, and thank you for having me and giving me the opportunity to participate in this episode. Withdrawal liability is a big part of, first, my practice personally here at Proskauer and the group's practice. I specifically spend most of my days counseling trustees of multi employer benefit plans. In particular, multi employer defined benefit plans, where withdrawal...
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