Cases & Deals

Employer preserves withdrawal liability victory as Supreme Court declines review

Client(s) Metz Culinary Management, Inc.

On October 5, 2020, the Supreme Court denied a petition for certiorari filed by the National Retirement Fund, which had sought review of Jones Day's victory in the Second Circuit on behalf of Metz Culinary Management, Inc. The Second Circuit had held, as a matter of first impression, that multiemployer pension plan actuaries cannot retroactively alter the assumptions they use for calculating withdrawal liability under ERISA. The pension fund—joined by two amici curiae—asked the Supreme Court to step in, contending that this decision will carry broad significance for the industry. At the Court's request, Jones Day filed a brief opposing certiorari and defending the Second Circuit's decision. The Court's determination to decline review means that the Metz decision will remain binding precedent within the Second Circuit and serve as an important protection for all employers against actuarial abuse.

The National Retirement Fund v. Metz Culinary Management, Inc., Nos. 19-1336 (U.S.); 17-1211 (2d Cir.)