1. Home
  2. |Insights
  3. |Board Finds Liability For Constructive Receipt of Pension Plan Assets at Plan Merger

Board Finds Liability For Constructive Receipt of Pension Plan Assets at Plan Merger

Client Alert | 1 min read | 06.18.07

Determining entitlement on an appeal by ICI Americas, Inc. (May 23, 2007), of an Army claim for $80 million in surplus pension assets, the ASBCA held that (1) until a contractor “receives” (meaning “to take possession or delivery of”) money, the government has no basis for recovery of a credit under the credits clause, FAR 31.201-5; (2) where no pension costs are paid under a particular contract subject to FAR 31.205-6(j), but not subject full CAS coverage, the CAS 413.50(c)(12) segment closing provisions are not applicable to the contract through FAR 31.205-6(j); (3) a contractor constructively receives pension assets through a pension plan merger and must in accordance with FAR 31.205-6(j)(4), Termination of Defined Benefit Pension Plans, refund the government the equitable portion of any overfunding; and (4) the Board could admit expert reports and testimony that included interpretative material on CAS, affording appropriate weight to such interpretations."

Insights

Client Alert | 5 min read | 10.22.25

Sixth Circuit Reaffirms Privilege Protections During Internal Investigations

On October 3, 2025, the Sixth Circuit reaffirmed that the attorney-client privilege and the work-product doctrine protections apply to materials created during attorney-led internal investigations. In re FirstEnergy Corp., No. 24-3654 (6th Cir. Oct. 3, 2025)....