Employee Benefits, Trustee Deadlock, and MPPAA

Background

Mark is one of a handful of arbitrators in the country who has handled a significant number of cases under the various sections of ERISA. He was a participant in the very first joint International Foundation of Employee Benefit Plans – American Arbitration Association training program after the passage of the Multiemployer Pension Plan Amendments Act of 1980 and has been arbitrating withdrawal liability cases ever since. He was the permanent arbitrator for trustee deadlocks under the United Mineworkers of America 1993 Benefit Plan for a number of years.

Representative Cases

  • Withdrawal Liability
    Reasonableness of actuarial assumptions, controlled group determination, construction industry exemption, year of withdrawal, calculation of payment schedule
  • Trustee Deadlocks
    Benefit levels, selection of actuary and other plan professionals, denial of benefits
  • Employee Benefits
    Appeals of eligibility determinations

Fees

$1000 an hour for hearing and study time, with a six hour daily minimum, plus liability insurance coverage or a payment of premiums. Travel time in excess of one hour is charged at the hourly rate and travel expenses are billed. Daily minimum charge for all postponements and cancellations with less than four weeks notice for a single day of hearing, eight weeks for two hearing days, and twelve weeks for three or more hearing days.