Publications

Multiemployer Pension Funds Can Require Participants to Demonstrate Work Performed Was in Covered Employment

Summer 2006
Susan E. Bernstein | Mark E. Brossman | David M. Cohen | Laurence M. Moss | Ronald E. Richman | Holly H. Weiss
Employment & Employee Benefits Developments - Summer 2006

A multiemployer pension fund can shift the burden to a plan participant to demonstrate that the participant worked in covered employment and is eligible for benefits under the pension fund, the Second Circuit has ruled in Wilkins v. Mason Tenders District Council Pension Fund. The court cautioned, however, that because such a policy could result in participant disqualification, ineligibility, or denial or loss of benefits, a pension fund must disclose this policy in its summary plan description (“SPD”).