Local 144 Nursing Home Pension Fund v. Demisay, 508 U. S. 581 (1993)

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Cite as: 508 U. S. 581 (1993)

Stevens, J., concurring in judgment

provided in that subsection." Id., at 426-427 (footnote omitted).2

We made the same point in Robinson, stating that " 'the sole purpose of § 302(c)(5) is to ensure that employee benefit trust funds are legitimate trust funds, used actually for the specified benefits to the employees of the employers who contribute to them . . . .' " 455 U. S., at 570 (quoting Amax Coal, 453 U. S., at 331) (internal quotation marks omitted). Our view that § 302(c)(5) imposed continuing obligations on the actual use of trust funds, we found, was "amply supported by the legislative history," 455 U. S., at 571, which reflected a concern that "funds contributed by their employers for the benefit of the employees and their families might be diverted to other union purposes or even to the private benefit of faithless union leaders," id., at 572. See also id., at 570-572, and nn. 8-10, and sources cited therein. To prevent trust funds once legitimate from turning into vehicles for kickbacks and racketeering, § 302(c)(5) requires not only that trust funds be "established" for proper purposes, but also that "employer contributions be administered for the sole and exclusive benefit of employees." Id., at 572 (emphasis added).3

2 When the Court characterizes this passage as "leaping" to an "entirely unsupported conclusion," see ante, at 591, n. 4, it ignores the abundant support for that conclusion in the legislative history cited in Justice Stewart's opinion.

3 Though we did not belabor the point in Robinson, as it was then (as until today) undisputed, it should be noted that the relevant statutory text supports the conclusion that § 302(c)(5) creates ongoing obligations for trustees. According to the majority, § 302(c)(5)'s requirements of a trust "established" for the benefit of employees and funds "held in trust for the purpose" of paying employees relate to the purpose for which a trust is first established; hence, they are fulfilled entirely, if ever, at the time of establishment. See ante, at 588, 592. Even on this narrow question, I depart from the majority; in my view, it is perfectly clear that funds are no longer "held in trust for the purpose" of benefiting employees if, imme-

597

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