Issues involving the use of pension plan assets are frequently contentious. For over a decade, pension plans and the employers who sponsor those pension plans have increasingly found themselves as the target of litigation. Until recently, such litigation has been all about surplus. Recently, however, we have begun to see evidence of a new wave of litigation against employers related to the use of pension plan assets to pay plan expenses. In many ways, this is a natural progression. Indeed, while not every plan has a surplus, every plan has costs that need to be paid.
Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.
For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com.