National Retirement Fund v. Metz Culinary Management Inc.
Petition for certiorari denied on October 5, 2020
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioners in this case.
Issue: Whether the Employee Retirement Income Security Act prohibits multiemployer pension
plan actuaries from selecting actuarial assumptions to
calculate withdrawal liability after the measurement
date – the last day of the plan
year immediately prior to the year in which an
employer withdrew – even when such assumptions are based on their
“best estimate of anticipated experience under the
plan” and professional standards governing actuaries.
| Date | Proceedings and Orders (key to color coding) |
|---|
| May 29 2020 | Petition for a writ of certiorari filed. (Response due July 6, 2020) |
| Jun 05 2020 | Waiver of right of respondent Metz Culinary Management, Inc. to respond filed. |
| Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020. |
| Jun 12 2020 | Brief amicus curiae of Horizon Actuarial Services, LLC filed. (Distributed) |
| Jun 17 2020 | Response Requested. (Due July 17, 2020) |
| Jul 01 2020 | Motion to extend the time to file a response from July 17, 2020 to August 17, 2020, submitted to The Clerk. |
| Jul 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2020. |
| Jul 15 2020 | Brief amicus curiae of New York State Teamsters Conference Pension and Retirement Fund filed. |
| Aug 11 2020 | Brief of respondent Metz Culinary Management, Inc. in opposition filed. |
| Aug 25 2020 | Reply of petitioners The National Retirement Fund, et al. filed. (Distributed) |
| Aug 26 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Sep 11 2020 | Letter of respondent Metz Culinary Management, Inc.received. |
| Oct 05 2020 | Petition DENIED. |
