The U.S. Supreme Court ruled Monday, June 11, that corporate
pension plan sponsors are free to terminate their plans even if the union
representing a company’s workers offers to merge the company’s plans with the
union’s multiemployer plans.
At issue in the case, Beck v. PACE
International Union, was PACE’s 2001 offer to merge 17 of the pension plans of
Crown Paper Co. and its parent, Crown Vantage Inc.—which were liquidating assets
in Chapter 11 bankruptcy proceedings at the time—with the union’s Taft-Hartley
PACE Industrial Union Management Pension Fund. Crown’s board rejected the
union’s offer, opting instead to purchase an $84 million annuity that would
result in the company getting a $5 million surplus after satisfying its
obligations to plan participants and beneficiaries.
The
bankruptcy court sided with the union, arguing that Crown had a fiduciary duty
under ERISA to consider PACE’s merger offer. In a 2005 decision, the U.S. Court
of Appeals in San Francisco
also backed the union. But in its decision today, the high court held that
Crown’s decision to terminate its plans did not breach its ERISA fiduciary
duties.
“Merger is not a permissible form of plan termination under
ERISA,” the high court said in a decision written by Justice Antonin Scalia.
Filed by Pensions & Investments, a sister publication of
Workforce Management. To comment, e-mail editors@workforce.com.