Central States Southeast and Southwest Areas Pension Fund v. O’Neill Bros. Transfer and Storage Co.

Dist. Ct. did not err in granting plaintiff-union pension plan's motion for summary judgment in ERISA action seeking under 29 USC section 1399(c)(5)(B) interim payment consisting of entire amount of withdrawal liability from defendant-employer after defendant announced that it was preparing for its termination and liquidation. Under 1399(c)(5)(B), entire amount of withdrawal payment is immediately payable upon default, and defendant's obligation for making interim payment is not deferred even though parties are undergoing arbitration.