Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Company

PETITIONER: Milwaukee Brewery Workers' Pension Plan
RESPONDENT: Jos. Schlitz Brewing Co. et al.
LOCATION: Arkansas General Assembly

DOCKET NO.: 93-768
DECIDED BY: Rehnquist Court (1986-2005)
LOWER COURT: United States Court of Appeals for the Seventh Circuit

CITATION: 513 US 414 (1995)
ARGUED: Dec 05, 1994
DECIDED: Feb 21, 1995

ADVOCATES:
Michael G. Bruton - on behalf of the Petitioner
Richard K. Willard - on behalf of the Respondents

Facts of the case

Question

Media for Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Company

Audio Transcription for Oral Argument - December 05, 1994 in Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Company

Audio Transcription for Opinion Announcement - February 21, 1995 in Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Company

William H. Rehnquist:

The opinion of the court in two cases will be announced by Justice Breyer.

Stephen G. Breyer:

Milwaukee Brewery Workers’ Pension Plan v. Jos. Schlitz Brewing Company has to do with the Multiemployer Pension Plan, which sometimes they are underfunded.

There isn't enough money in the plan and an employer wants to withdraw and when the employer does withdraw he has to make a payment, which is his share of the underfunding and the issue in the case, when makes that payment, the issue before us was, if he pays in installments, when does interest begin to run and the statute seems to give two choices.

It either begins to run from the beginning of the year in which he withdrew, the end of the last year or the beginning of the year after he withdrew and the question is which is it.

Well, basically what we decided looking at the statute is it tells us to pretend that the employer’s first installment is due as if the first day of the next year and we decided that’s when interest begins to run because normally you don’t pay interest on something until you actually have to pay the money.

Now, the reasons are much more complicated than that, but they are all spelled out in the opinion if the opinion is unanimous.