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First Rock To The West, Straight On 'Til Morning: Westrock Draws Potential Roadmap To Substantive Challenges Of Erisa Rehabilitation Plans Under Section 1132, Michael Berthiaume

Mercer Law Review

Since its enactment, the Employee Retirement Income Security Act (ERISA) has confused and frustrated practitioners, businesspeople, and citizens alike. This convoluted statute encompassing over 1,000 pages has become increasingly more difficult through several amendments as new Congresses continue to patch the statute and "kick the can" of retirement benefits to later sessions.

In WestRock RKT Co. v. Pace Industry Union Management Fund, WestRock RKT Company (WestRock), a contributing employer, brought an action against Pace Industry Union Management Fund (The Fund) arguing a violation under ERISA, which sets minimum standards for pension plans in private industries. WestRock pursued this action …