United States Seventh Circuit

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Cent. States Southeast & Southwest Areas Pension Fund v. O'Neil Bros. Transfer & Storage Co., 09-2608

In a multi-employer pension fund administrator's suit against an employer seeking interim payment of withdrawal liability under the Employee Retirement Income Security Act, district court's grant of summary judgment for administrator is affirmed as defendant's default is governed by the provisions of 29 U.S.C. section 1399(c)(5)(B), and under that section, as interpreted reasonably by the Pension Benefit Guaranty Corporation (PBGC), the entire amount of the withdrawal payment is immediately payable upon default and that obligation is not deferred because of the pendency of arbitration.

Appellate Information

  • Argued 12/11/2009
  • Submitted 08/31/2010
  • Decided 08/31/2010
  • Published 08/31/2010



  • United States Seventh Circuit


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