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BD. OF TR'S OF WESTERN STATES v. WELFARE & PENSION

No. 20-35545.

24 F.4th 1278 (2022)

BOARD OF TRUSTEES OF THE WESTERN STATES OFFICE AND PROFESSIONAL EMPLOYEES PENSION FUND, Plaintiff-Appellant, v. WELFARE & PENSION ADMINISTRATION SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2022.

Attorney(s) appearing for the Case

Robert B. Miller , Kilmer Voorhees & Laurick PC, Portland, Oregon, for Plaintiff-Appellant.

Jeremy E. Roller , Arete Law Group PLLC, Seattle, Washington, for Defendant-Appellee.

Before: William A. Fletcher, Sandra S. Ikuta, and Daniel A. Bress, Circuit Judges.

OPINION

Under Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001-1461, when an employer withdraws from a multiemployer pension plan, the employer is required to pay for its share of unfunded benefits. 29 U.S.C. § 1381. That share of unfunded benefits is called "withdrawal liability...

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