Pension Benefit Guaranty Corp. v. Carter & Tillery Enterprises
Opinion
Lead Opinion
Hall, J.
Pension Benefit Guaranty Corporation (PBGC), a United States Government Corporation established under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1302 (a), appeals the district court’s dismissal without prejudice of its complaint seeking (1) payment of unfunded benefit liabilities under 29 U.S.C. § 1362 (b), (2) minimum funding contributions under 29 U.S.C. § 1362 (c), and (3) unpaid premiums to the PBGC’s pension insurance program under 29 U.S.C. § 1307 , in connection with the termination of the Global Industries, Inc. Defined Benefit Pension Plan upon Global Tube Corporation’s (Global) Chapter 7 bankruptcy.
The district court had jurisdiction under 29 U.S.C. §§ 1303 (e), 1307(c). This court has jurisdiction under 28 U.S.C. § 1291 . See Farmer v. McDaniel, 98 F.3d 1548, 1552 (9th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1474 , 137 L.Ed.2d 686 (1997) (dismissal for failure to exhaust remedies is a final, appealable order under § 1291). We reverse.
I
Global established the Global Industries, Inc. Defined Benefit Pension Plan (Pension Plan), a single-employer plan, to provide pension benefits to its employees. Global ceased business operations on October…