Legal Opinion
Shelter Framing Corp. v. Pension Benefit Guaranty Corp.
Court of Appeals for the Ninth Circuit
Decided May 20, 1983No. Nos. 82-5271, 82-5272, 82-5460 to 82-5462 and 82-3506PublishedCited by 60 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
This opinion addresses the constitutionality of the retroactive application of the Multiemployer Pension Plan Amendments Act (the “Amendments Act”),1 the subject of extensive nationwide litigation.2 We hold *1505that retroactive application of the withdrawal liability provision of the Amendments Act violates the due process rights of employers who withdrew from multiemployer pension plans before the Act became law.3
I. BACKGROUND
On September 26, 1980, the President signed into law the Amendments Act, amending certain provisions of the Employee Retirement Income Security Act…
2Cases cited24 opinions
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
- Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
- National Ass'n for the Advancement of Colored People v. New YorkSupreme Court of the United States · 1973
19 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- I.A.M. National Pension Fund Benefit Plan C and Alan W. Skolnick v. Stockton Tri IndustriesCourt of Appeals for the D.C. Circuit · 1984
- Louis F. Peick v. Pension Benefit Guaranty CorporationCourt of Appeals for the Seventh Circuit · 1983
- Board of Trustees of Western Conference of Teamsters Pension Trust Fund v. Thompson Bldg. Materials, Inc.Court of Appeals for the Ninth Circuit · 1984
55 more not listed; retrieve them via the Exa API.