This comment examines how the Bankruptcy Code undermines the retirement security goals of ERISA and MPPAA. The article traces the development of multiemployer pension plans and the regulatory scheme. In addition, it discusses how withdrawal liability functions and how employer withdrawals affect the other employers contributing to a multiemployer pension plan. Next, it addresses the Bankruptcy Code’s treatment of withdrawal liability. Finally, the comment analyzes the impact of discharging withdrawal liability by discussing In re Hostess Brands, Inc.
Fueling the Death Spiral for Workers' Pensions: The Bankruptcy Process and Multiemployer Pension Plans,
Vill. L. Rev.
Tolle Lege 57
Available at: https://digitalcommons.law.villanova.edu/vlr/vol58/iss6/4