International Employment Lawyer Publishes Article by Seong Kim and Takai Gillam on SCOTUS Ruling Affecting Withdrawal Liability

International Employment Lawyer featured an article by partner Seong Kim and associate Takai Gillam, “Timing flexibility confirmed: SCOTUS clarifies actuarial assumptions for withdrawal liability.” The piece, published on June 1, 2026, examines the recent US Supreme Court decision addressing how and when actuarial assumptions may be applied in calculating withdrawal liability under ERISA. 

The article analyzes the Supreme Court’s unanimous ruling in M&K Employee Solutions v. Trustees of the IAM National Pension Fund, which resolved a circuit split and confirmed that actuarial assumptions used to calculate withdrawal liability do not need to be selected before the end of the plan year. The authors highlight how this interpretation reinforces plan sponsor flexibility while underscoring the potential for employer liability to remain uncertain—and even increase—after withdrawal.

As Kim and Gillam explain, the decision emphasizes accuracy over rigid timing requirements:

“Allowing assumptions to be selected later ensures the valuation reflects the best available information tied to that date, consistent with the statutory focus on accuracy rather than timing.” 

The full article is available here.