This position is in the Office of the General (OGC) of the Pension Benefit Guaranty Corporation (PBGC). PBGC protects the retirement incomes of over 34 million American workers and retirees in private sector defined benefit pension plans. OGC provides legal advice and counsel to PBGC on all legal issues it confronts, including enforcement of Title IV of the Employee Retirement Income Security Act of 1974 (ERISA) through litigation and negotiations; drafting regulations and guidance; deciding administrative appeals; administering PBGC’s compliance with the Freedom of Information Act; and advising PBGC on corporate governance, ethics, procurement, labor relations, and privacy.
When ERISA was enacted in 1974, Congress gave PBGC the authority to “sue and be sued, complain and defend, in its corporate name and through its own counsel, in any court, State or Federal.” Since that time, PBGC’s attorneys have ably represented the agency in thousands of court cases, bankruptcy proceedings, administrative actions, and transactions. PBGC’s litigators have helped shape the Title IV insurance program into an effective mechanism for insuring pension benefits and protecting the funds entrusted to PBGC.
Through focused strategic litigation in courts at all levels, including the Supreme Court, OGC has established precedent essential to the fulfillment of PBGC’s mission. OGC attorneys have represented PBGC in the nation’s largest bankruptcy cases, often serving a key role on the creditors’ committee. In that capacity, OGC has guided PBGC through structural changes in the U.S. economy and waves of bankruptcies in various industries.
This position is in OGC’s Multiemployer Law Division (MLD). MLD provides comprehensive legal services to PBGC respecting its insurance program for collectively bargained multiemployer pension plans.
The past several years have been turbulent for multiemployer pension plans, and MLD’s work has increased. Since the passage of the Multiemployer Pension Reform Act of 2014, MLD has been a critical component of PBGC’s implementation. Now MLD is providing PBGC advice and counsel on the implementation of the American Rescue Plan Act of 2021 (ARP). For more information on ARP, see https://www.pbgc.gov/american-rescue-plan-act-of-2021