Withdrawal Liability: Ninth Circuit Expands Definition of the “Building and Construction Industry”

HB Ad Slot HB Mobile Ad Slot Hunter CyranEmail216-750-4347Bio and Articles Robert R. PerryEmail212-545-4000Bio and Articles David M. Pixley Email216-750-0404Bio and Articles Find Your Next Job ! Legal Counsel, Property & Casualty - Hybrid Paralegal (MMA & Guy Carpenter) Insurance Defense & Civil Litigation Attorney Explore More Job Openings HB Ad Slot Withdrawal Liability: Ninth Circuit Expands Definition of the “Building and Construction Industry” by: Hunter Cyran, Robert R. Perry, David M. Pixley , Jackson Lewis P.C.  - Benefits Law Advisor Blog Sunday, March 1, 2026 Related Practices & Jurisdictions Labor EmploymentConstruction LawLitigation Trial Practice All Federal9th Circuit (incl. bankruptcy) Print Mail Download />i Takeaways The Ninth Circuit recently adopted a broader definition of work performed in “the building and construction industry,” potentially expanding the availability of the special definition of complete withdrawal applicable to certain employers and plans in the building and construction industry (the B & C Exception). Since the B & C Exception shields employers from liability for a complete withdrawal unless the employer performs previously covered work on a non-union basis, this is a significant development for construction industry employers. Generally, an employer whose obligation to contribute to a multiemployer pension plan (MEPP) permanently ends incurs a “complete withdrawal” and becomes liable for its allocable share of any underfunding, kno...