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Multiple Employer Pension Plans

By Mark Johnson, Ph.D., J.D.

 

A multiple employer pension plan (or MEPP) is a qualified retirement plan, such as a 401(k) plan, that is sponsored by multiple unrelated employers.

 

The Employee Retirement Income Security Act (ERISA) applies to MEPPs, which must meet the requirements of the Internal Revenue Code in order to receive employer contributions for employee retirement benefits.

 

Farmers cooperatives; business franchises; religious, charitable and educational institutions; and Chambers of Commerce are common examples of connected or affiliated employers that may comprise a multiple employer pension plan.

 

Multiple employer pension plans are not to be confused with multi-employer pension plans, which involve unions and are defined under the Labor Management Relations Act of 1947, known as the Taft-Hartley Act. Multi-employer union plans are commonly found in the hotel, trucking, and construction industries.  Multi-employer plans are also governed by ERISA.

 

A principal plan sponsor of the MEPP is a single entity that sets up the pension plan. Day-to-day operational responsibility for the plan, and associated fiduciary responsibility, is held by this principal plan sponsor.

 

An adopting employer that joins the plan, also known as a plan co-sponsor, relies on the principal plan sponsor for pension plan administration and asset oversight. Consequently, the co-sponsor generally does not bear any fiduciary responsibility or liability in regard to the multiple employer pension plan. In this regard, the multiple employer plan can be quite attractive to firms since they can offer the benefits of an employee pension plan without incurring any fiduciary risk.

 

A single plan document controls the multiple employer pension plan. This governing document can be written specifically for one particular plan, or purchased from a vendor for adoption by the MEPP, but in either case the plan must be submitted to the Internal Revenue Service for an affirmative determination letter.  Generally all adopting employers agree to abide by one consistent set of rules in regard to plan eligibility, vesting and other aspects of plan management.

 

Situations that may result in ERISA litigation or other legal disputes for a multiple employer pension plan include the following:

 

  • If a single co-sponsor does not meet all participation requirements, such as the top-heavy rules, the greater MEPP and all its members may be disqualified by the IRS.
  • Settlor and sponsor responsibilities must be clearly defined and followed to avoid plan expenses that may actually not be permissible.
  • Fiduciary responsibilities must be clearly defined and understood by all relevant parties of the principal plan sponsor.

 

Plan sponsors who have questions about administration of a multiple employer pension plan should seek the advice of a qualified and experienced ERISA attorney.

 

About the Author. Mark Johnson, Ph.D., J.D., is a highly experienced ERISA expert. As a former ERISA Plan Managing Director and plan fiduciary for a Fortune 500 company, Dr. Johnson has practical knowledge of plan documents as well as an in-depth understanding of ERISA obligations. He works as an expert consultant and witness on 401(k), ESOP and pension fiduciary liability; retiree medical benefit coverage; third party administrator disputes; individual benefit claims; pension benefits in bankruptcy; long term disability benefits; and cash conversion balances.  He can be reached at 817-909-0778 or www.erisa-benefits.com. ERISA Benefits Consulting, Inc by Mark Johnson provides benefit consulting and advisory services and does not engage in the practice of law.

 

Contact ERISA Expert Dr. Mark Johnson

You can reach Dr. Johnson via email or by phone at 817-909-0778. He is available to confidentially discuss a benefits matter.

 

Click on the link to read about his representative ERISA cases.

 


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