SuperValu, Inc. v. United Food and Commercial Workers Unions

In a case involving a multi-employer pension plan created by a collective bargaining agreement, the Seventh Circuit considered how to calculate installment payments intended to protect the plan’s solvency when a company withdrew funds from the plan and where the company withdrawing funds previously sold a piece of its business. The Seventh Circuit agreed with the approach taken by the district court, finding that applying the statutory payment schedule did not require the fund to deduct the contribution units from the sold stores under the statute’s safe-harbor language. (HAMILTON and SCUDDER, concurring)