Thibodo
Board of Trustees of the Construction Laborers Pension Trust v. Thibodo
Opinion
Lead Opinion
Canby, J.
The Board of Trustees of the Construction Laborers’ Pension Trust for Southern California appeals the district court’s dismissal of this action in which the Trustees sought to enforce an arbitration award. The arbitrator had determined that Russell Thibodo was personally liable to the Trust for ERISA withdrawal liability incurred as a result of his construction company's complete withdrawal from the Construction Laborers Pension Plan in 1983. The district court, however, held that the Trustees’ action was barred by ERISA’s six-year statute of limitations.
We reverse and remand to the district court.
STATUTORY BACKGROUND
ERISA, as modified by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), is designed to ensure the financial integrity of multiemployer pension funds. See generally Joyce v. Clyde Sandoz Masonry, 871 F.2d 1119 (D.C.Cir.), cert. denied, 493 U.S. 918 , 110 S.Ct. 280 , 107 L.Ed.2d 260 (1989). One mechanism for attaining this goal is the Act’s requirement that employers who withdraw from multiemployer plans remain liable for a statutory share of the plan’s “unfunded vested benefits.” See 29 U.S.C. §§ 1381 , 1399; Joyce, 871 F.2d at 1120 .