October 17, 2018

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October 15, 2018

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The Saga Resumes: The Bakery & Confectionery International Pension Fund Again Announces a Two Pool Proposal

As we reported previously, the Bakery & Confectionery Union and Industry International Pension Fund (B&C Fund) has been underfunded for years, with actuaries estimating that the B&C Fund will become insolvent by January 2030. 

To address this shortfall, the B&C Fund’s trustees invited contributing employers to a meeting in December 2017, during which the B&C Fund representatives advised employers that they had obtained approval to implement an alternative withdrawal liability rule consisting of a two pool allocation method, which we previously discussed here. The B&C Fund’s representatives further stated they would provide employers with “participation agreements,” which employers would be required to sign by February 15, 2018 to participate in the “hybrid pool.” 

However, the participation agreements were not sent to employers until April 4, when the B&C Fund issued new details about the two pool plan, including an outline of payment terms for employers electing the new hybrid pool.  At that time, the B & C Fund advised employers they were required to review and sign the participation agreements, referred to as the Withdrawal and Reentry Agreement, by September 15 if they wished to participate in the hybrid pool. 

Employers that decide to participate in the hybrid pool would pay their withdrawal liability in the “old pool” based on a discounted formula.  Specifically, employers could pay their existing withdrawal liability over 30 years or in a lump sum, and employers that elect to pay pursuant to the 30 year payment schedule could prepay their remaining withdrawal liability at a later date if they chose to do so.

Importantly, employers that participate in the new hybrid pool must remain contributing employers for 30 years. If a participating employer completely withdrew from the new hybrid pool prior to the end of the 30-year period, they would forfeit the discount they received for participating in the new pool.  In addition, if an employer partially withdrew from the new hybrid pool, it would forfeit a percentage of its discount determined by the contribution base units that were eliminated by the partial withdrawal.

The terms for participating in the new hybrid pool are complex and the advantages and disadvantages of participation will vary from employer to employer. Employers considering participating in the new hybrid pool should seek guidance from attorneys and pension actuaries.

© Polsinelli PC, Polsinelli LLP in California


About this Author

Bradley G. Kafka, Polsinelli PC, Labor Management Attorney, Federal Court Litigation Lawyer,
Shareholder, Labor and Employment Practice Vice Chair

Bradley Kafka is the leader of Polsinelli's St. Louis Labor and Employment practice and vice chair of the national Labor and Employment practice.  For more than 34 years, Brad has concentrated his practice in labor and employment law. Brad represents management in every aspect of labor and employment law, including:

  • Federal and state court litigation

  • ERISA litigation including multi-employer pension plan, withdrawal liability and funding deficiency claims 

  • ...