Section 405 of the Employee Retirement Security Act of 1974 (ERISA) provides for joint liability for co-fiduciaries of a pension, health or welfare benefit plan. In this case, there was an enrollment error in signing up an employee for life insurance coverage with his employer – Georgio Armani Corp. The surviving spouse, Soohyun Cho sued
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fiduciary liability
Another Way to Become Personally Liable to a Multiemployer Plan
By Stinson LLP on
I have blogged in the past about individuals and businesses that are not signatories to a collective bargaining agreement being found liable for withdrawal liability imposed by multiemployer pension plans (plans jointly trusteed by union and management trustees for the benefit of a number of unionized employers). Withdrawal liability is imposed when an employer exits …