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Paul Porretta

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Paul focuses his practice on a wide range of services related to 401(k) plans, pension plans, multiemployer plans, employee stock ownership plans (ESOPs), and ERISA issues. In addition, he has extensive experience with executive compensation, executive employment arrangements, equity-based compensation, health and welfare plans, and HIPAA compliance.

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Key Points

  • The Supreme Court held in M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund that MEPPs may adopt actuarial assumptions after the measurement date when calculating withdrawal liability.  
  • The decision allows MEPP actuaries to set or revise discount rates after the measurement date and apply them retroactively, so long as they are supported by data and actuarial standards.  

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of multiemployer pension plans. They discuss critical considerations for businesses contemplating the purchase of entities that contribute to these plans. Topics include evaluating the implications of multiemployer pension plan contribution obligations and withdrawal liability exposure, key diligence to focus on, and deal points the parties may consider. Join us to uncover the significant risks and liabilities associated with these plans and gain valuable insights into strategic planning for your business’ future.