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United States Third Circuit

Board of Trustees of the IBT v. C&S Wholesale Grocers Inc., 14-1956

In an ERISA dispute between a grocer and union about the amount the grocer to be paid annually after withdrawing from the pension fund in 2011, the district court's order regarding the payments is affirmed where: 1) Congress did not intend that a withdrawing employer should pay only the amounts that would ordinarily be due under the pension plan; and 2) the surcharge does not arise under the collective bargaining agreements (CBA) and the surcharge is not part of the "Highest Contribution Rate."

Appellate Information

  • Decided 09/16/2015
  • Published 09/16/2015


  • McKEE


  • United States Third Circuit


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