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The U.S. Supreme Court case Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corporation of California, Inc., and Stephen Barnes (1997) revolved around the issue of withdrawal liability under the Multiemployer Pension Plan Amendments Act (MPPAA). The MPPAA requires employers who withdraw from a multiemployer pension plan to pay their share of unfunded vested benefits. Ferbar Corporation withdrew from the Bay Area Laundry and Dry Cleaning Pension Trust Fund in 1986 but failed to make its required payments, leading to litigation by the fund for collection. The main question was whether interest on unpaid withdrawal liability accrues from the date payment was due or only after a demand for arbitration is made. In this case, it took several years before an arbitrator determined what Ferbar owed in withdrawal liabilities; thus, significant interest had accrued during that period. The Supreme Court ruled unanimously that interest begins accruing when payment is first due rather than when demanded through arbitration proceedings as argued by Ferbar Corp., thereby favoring Bay Area Laundry & Dry Cleaning Pension Trust Fund's position.
In the dissenting opinion for Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corporation of California, Inc., Justice Ginsburg argued that the majority's interpretation of ERISA was incorrect. She contended that under ERISA, an employer who withdraws from a multiemployer pension plan is liable for its proportionate share of any "unfunded vested benefits." The majority’s decision to allow interest on unpaid withdrawal liability from the date of demand rather than actual payment would result in employers paying more than their fair share. This contradicts Congress' intent when it enacted ERISA - to ensure employees receive promised benefits without imposing undue financial burdens on employers. Furthermore, she disagreed with the majority's view that allowing interest accrual from demand date encourages prompt payment; instead, she believed it could lead to unnecessary litigation as parties dispute over exact dates and amounts due.