No. 25-701

Pension Benefit Guaranty Corporation v. Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund

Lower Court: Second Circuit
Docketed: 2025-12-17
Status: Pending
Type: Paid
Response RequestedResponse Waived Experienced Counsel
Tags: critical-declining-status mass-withdrawal multiemployer-pension pension-plan-termination special-financial-assistance statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration ERISA LaborRelations JusticiabilityDoctri
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Whether a multiemployer pension plan that terminated through mass withdrawal before the 2020 plan year is eligible for Special Financial Assistance under 29 U.S.C. 1432(b)(1)(A)

Question Presented (OCR Extract)

The American Rescue Plan Act of 2021, Pub. L. No. 117-2, 135 Stat. 4, established the Special Financial Assistance program to provide funding for certain severely underfunded multiemployer pension plans . A plan is eligible for such assistance if, as relevant here, it “is in critical and declining status (within the meaning of [29 U.S.C. 1085(b)(6) ]) in any plan year beginning in 2020 through 2022 .” 29 U.S.C. 1432 (b)(1)(A) (Supp. III 2021). Critical and declining status is one of several possible pension -plan “zone statuses” set forth in 29 U.S.C. 1085 . If a plan terminates as a result of the mass withdrawal of every employer from the plan, Section 1085 ceases to apply to the plan. See 29 U.S.C. 1081(c). The question presented is: Whether a multiemployer pension plan that terminated through mass withdrawal before the 2020 plan year is eligible for Special Financial Assistance under 29 U.S.C. 1432(b)(1)(A). (II)

Docket Entries

2026-01-30
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2026. See Rule 30.1
2026-01-29
Motion of Board of Trustees of the Bakery Drivers' Local 550 and Industry Pension Fund for an extension of time submitted.
2026-01-29
Motion to extend the time to file a response from February 19, 2026 to March 21, 2026, submitted to The Clerk.
2026-01-20
Response Requested. (Due February 19, 2026)
2026-01-14
DISTRIBUTED for Conference of 2/20/2026.
2026-01-09
Waiver of right of respondent Board of Trustees of the Bakery Drivers' Local 550 and Industry Pension Fund to respond filed.
2025-12-12
Petition for a writ of certiorari filed. (Response due January 16, 2026)
2025-11-04
Application (25A367) granted by Justice Sotomayor extending the time to file until December 12, 2025.
2025-11-03
Application (25A367) to extend further the time from November 14, 2025 to December 12, 2025, submitted to Justice Sotomayor.
2025-09-29
Application (25A367) to extend the time to file a petition for a writ of certiorari from October 15, 2025 to November 14, 2025, submitted to Justice Sotomayor.
2025-09-29
Application (25A367) granted by Justice Sotomayor extending the time to file until November 14, 2025.

Attorneys

Board of Trustees of the Bakery Drivers' Local 550 and Industry Pension Fund
Douglas Andrew HastingsMorgan, Lewis and Bockius LLP, Respondent
Douglas Andrew HastingsMorgan, Lewis and Bockius LLP, Respondent
Douglas Andrew HastingsMorgan, Lewis and Bockius LLP, Respondent
Pension Benefit Guaranty Corporation
D. John SauerSolicitor General, Petitioner
D. John SauerSolicitor General, Petitioner
D. John SauerSolicitor General, Petitioner