On February 6, 2019, the Pension Benefit Guaranty Corporation
("PBGC") issued a proposed rule that impacts how
multiemployer pension plans in endangered or critical status
calculate withdrawal liability. The rule is not yet effective and
remains subject to change. The PBGC will accept public comments on
the proposed rule until April 8, 2019.
The proposed rule contains amendments to implement the statutory
requirements of the Pension Protection Act of 2006
("PPA") and the Multiemployer Pension Reform Act of 2014
("MPRA"), which provide that benefit reductions, benefit
suspensions, surcharges, and contribution increases under a funding
improvement or rehabilitation plan must be disregarded when
determining a withdrawing employer's total withdrawal liability
and withdrawal liability payment amount (the "disregard
rules").