Closing A Business Unit Creates An Opportunity To Recover Unfunded Pension Costs
Client Alert | 1 min read | 07.08.05
Although the Government has never contested that contractors with underfunded pension plans are entitled under CAS 413 to claim a lump sum adjustment for underfunded pension costs in connection with a segment closing, both the Defense Department and the Justice Department have asserted that a contractors' right to recover such costs may be limited by the standard Limitation of Costs clause, by standard contract release of claims language, and by regulatory provisions that require that pension plan contributions be made in the same year that the contractor claims pension costs. In a decision issued on July 5, 2005, in General Motors Corp. v. United States, the Court of Federal Claims rejected all of those Government arguments, only agreeing with the Government that GM will be required at some point to make contributions to its plan in an amount at least equal to the reimbursement it receives from the Government, and leaving open the possibility that contributions already made to the plan by GM since the segment closing will satisfy that requirement.
Insights
Client Alert | 5 min read | 09.03.26
The U.S. Department of Transportation (DOT) published a final rule amending 14 CFR Part 234 that fundamentally changes how airlines report the causes of flight delays and cancellations. Effective October 19, 2026, the rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by creating a new reporting category, the “Section 511(b) category,” for ten specific events that Congress determined are not attributable to airline control. The rule simultaneously narrows the existing "Air Carrier" reporting category by expressly excluding those same ten events.
Client Alert | 6 min read | 09.03.26
FDA Seeks Input for Regulating GenAI-Powered Medical Devices
Client Alert | less than 1 min read | 09.03.26
SBA Proposal to Overhaul Size Standards Would Transform Federal Government Contracting
Client Alert | 5 min read | 09.02.26
DOJ’s Civil Rights Fraud Initiative Claims Another DEI-Related FCA Settlement
