Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal., 522 U.S. 192, 12 (1997)

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Cite as: 522 U. S. 192 (1997)

Opinion of the Court

§ 1451(a)(1). That provision empowers a "plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan," to "bring an action for appropriate legal or equitable relief, or both." Ferbar asserts that a multiemployer plan is "adversely affected" whenever an employer withdraws. Accordingly, Ferbar urges, the plan's right of action is complete at the time of withdrawal.

Although the payment of withdrawal liability will offset the harmful impact of a participant's exit, we do not doubt that pension plans are adversely affected as a practical matter when an employer withdraws. But Ferbar's argument is off the mark. As the Fund points out, § 1451(a)(1) does not "provide a cause of action in the air for any adverse effect on multiemployer pension funds." Reply Brief for Petitioner 2.

Section 1451 prescribes a variety of procedures for the governance of civil actions brought to enforce the MPPAA. See, e. g., 29 U. S. C. § 1451(c) ( jurisdiction of federal and state courts), § 1451(d) (venue and service of process), § 1451(e) (costs and expenses). Subsection (a), headed "[p]ersons entitled to maintain actions," answers only a "standing" question—who may sue for a violation of the obligations established by the Act's substantive provisions. Subsection (a)(1) extends judicial remedies for violation of the MPPAA to a broad range of plaintiffs—any "plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected." But that provision does not make an "ad-verse effect" unlawful per se, any more than does § 10(a) of the Administrative Procedure Act, which similarly empowers "adversely affected" persons to invoke judicial remedies.3 We see nothing in § 1451(a)(1) to justify the Court of Appeals'

3 See 5 U. S. C. § 702 ("A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.").

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