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Pension Benefit Guaranty Corporation v. Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund
Paid petition · United States Court of Appeals for the Second Circuit, No. 23-7868 · judgment April 29, 2025
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a business petitioner.
Question presented
The American Rescue Plan Act of 2021, Pub. L. No. 117-2, 135 Stat. 4, established the Special Financial Assistance program to provide funding for certain severely underfunded multiemployer pension plans. A plan is eligible for such assistance if, as relevant here, it “is in critical and declining status (within the meaning of [29 U.S.C. 1085(b)(6)]) in any plan year beginning in 2020 through 2022.” 29 U.S.C. 1432(b)(1)(A) (Supp. III 2021). Critical and declining status is one of several possible pension-plan “zone statuses” set forth in 29 U.S.C. 1085. If a plan terminates as a result of the mass withdrawal of every employer from the plan, Section 1085 ceases to apply to the plan. See 29 U.S.C. 1081(c). The question presented is: Whether a multiemployer pension plan that terminated through mass withdrawal before the 2020 plan year is eligible for Special Financial Assistance under 29 U.S.C. 1432(b)(1)(A). (I)
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Douglas Andrew Hastings
Morgan, Lewis and Bockius LLP
Proceedings
- May 18 2026Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
- May 11 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 27 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 08 2026DISTRIBUTED for Conference of 4/24/2026.
- Apr 08 2026Reply of petitioner Pension Benefit Guaranty Corporation filed. (Distributed)
- Mar 23 2026Brief of respondent Board of Trustees of the Bakery Drivers' Local 550 and Industry Pension Fund in opposition filed.
- Jan 30 2026Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2026. See Rule 30.1
- Jan 29 2026Motion to extend the time to file a response from February 19, 2026 to March 21, 2026, submitted to The Clerk.
- Jan 20 2026Response Requested. (Due February 19, 2026)
- Jan 14 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 09 2026Waiver of right of respondent Board of Trustees of the Bakery Drivers' Local 550 and Industry Pension Fund to respond filed.
- Dec 12 2025Petition for a writ of certiorari filed. (Response due January 16, 2026)
- Nov 04 2025Application (25A367) granted by Justice Sotomayor extending the time to file until December 12, 2025.
- Nov 03 2025Application (25A367) to extend further the time from November 14, 2025 to December 12, 2025, submitted to Justice Sotomayor.
- Sep 29 2025Application (25A367) to extend the time to file a petition for a writ of certiorari from October 15, 2025 to November 14, 2025, submitted to Justice Sotomayor.
- Sep 29 2025Application (25A367) granted by Justice Sotomayor extending the time to file until November 14, 2025.