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Saturday, October 3, 2020

How Not to "Gett" Out of a Multiemployer Plan

Sometimes the dissolution of the marriage between an employer and a multiemployer plan can end in a messy divorce.  

In American Federation of Musicians & Employers Pension Fund v. Neshoma Orchestra & Singers, Inc., No. 19-1093 (2d Cir. Sept. 3, 2020), a Jewish wedding band from Long Island was held to have failed timely to challenge a $1.1 million withdrawal-liability assessment.  The band had contested the liability by sending a letter to the pension fund - rather than by filing an arbitration demand with the American Arbitration Association within 60 days of the receipt of the assessment, as the applicable contract provisions had required. 


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