concrete pipe prods constr laborers trust argued december decided june multiemployer pension plan amendments act mppaa amended employee retirement income security act erisa provide certain circumstances employer withdrawing multiemployer plan incurs withdrawal liability share plan unfunded vested benefits withdrawal liability assessed means notification plan sponsor demand payment unresolved dispute referred arbitration sponsor factual determinations presumed correct unless contesting party shows preponderance evidence determination unreasonable clearly erroneous sponsor actuary calculation plan unfunded vested benefits presumed correct unless contesting party shows preponderance evidence inter alia actuarial assumptions methods used calculation aggregate unreasonable petitioner concrete pipe products california employer charged withdrawal liability trustees respondent multiemployer pension plan plan losing arbitration concrete pipe filed action set aside modify arbitrator decision raised constitutional challenge mppaa district granted plan motion confirm award appeals affirmed held mppaa unconstitutionally deny concrete pipe impartial adjudicator placing determination withdrawal liability plan sponsor trustees subject presumptions pp even assuming possibility trustee bias toward imposing greatest possible withdrawal liability suffice bar trustees serving adjudicators concrete pipe withdrawal liability fiduciary obligations beneficiaries plan due process clause violated first adjudication case arbitration proceeding trustees initial liability determination trustees statutory notification demand obligations undertaken enforcement capacity pp arbitrator adjudication deny concrete pipe right procedural due process presumption shifts burden persuasion employer statute incoherent respect degree certainty required overturn plan sponsor factual determination light assumed bias deference plan sponsor determination raise substantial due process question uncertainty raised incoherent statute resolved applying canon requiring ambiguous statute construed avoid serious constitutional problems unless construction plainly contrary congress intent thus presumption construed place burden employer disprove alleged fact preponderance permitting independent review arbitrator trustees factual determinations approach taken arbitrator courts case inconsistent interpretation first presumption pp presumption also raises procedural due process issue assumptions methods used calculating withdrawal liability selected first instance trustees plan actuary trained professional subject regulatory standards technical nature assumptions methods necessity applying ones several contexts limit actuary opportunity act unfairly toward withdrawing employer moreover since speaks reasonableness trustees conclusions historical fact aggregate reasonableness actuary assumptions methods calculating dollar liability figure employer burden overcome presumption simply show apparently unbiased professional whose obligations tend moderate claimed inclination come hard withdrawing employers based calculation combination methods assumptions falls outside range reasonable actuarial practice pp mppaa applied deny substantive due process violation fifth amendment imposition withdrawal liability clearly rational concrete pipe liability based proportion contributions participation plan pp mppaa applied take concrete pipe property without compensation application regulatory statute otherwise within congress powers may defeated private contractual provisions protecting concrete pipe liability beyond specified collective bargaining trust agreements see connolly pension benefit guaranty corporation examining concrete pipe relationship plan light three factors said particular significance takings claims confirms first government physically invade permanently appropriate concrete pipe assets use second concrete pipe failed show pay estimated shareholder equity economic impact proportion experience plan since diminution property value however serious insufficient demonstrate taking see village euclid ambler realty third conditions contractual promises give concrete pipe reasonable expectation faced liability promised benefits time began making payments plan pension plans long subject federal regulation indeed withdrawing employers already faced contingent liability erisa concrete pipe reliance erisa original limitation contingent withdrawal liability net worth misplaced reasonable basis expect legislative ceiling never lifted see usery turner elkhorn mining pp souter delivered opinion unanimous except insofar join statement attached scalia join part thomas join part filed concurring opinion post thomas filed opinion concurring part concurring judgment post dennis murphy argued cause petitioner briefs james nelson john miller argued cause filed brief respondent carol connor flowe argued cause pension benefit guaranty corporation amicus curiae urging affirmance brief jeffrey cohen israel goldowitz briefs amici curiae urging reversal filed american trucking associations daniel barney laurie baulig william ewing midwest motor express et al alan thiemann charles carroll thomas wilcox briefs amici curiae urging affirmance filed american academy actuaries lauren bloom american federation labor congress industrial organizations robert weinberg laurence gold central southeast southwest areas pension fund thomas nyhan terence craig national coordinating committee multiemployer plans gerald feder david levin teamsters pension trust fund philadelphia vicinity et al james crawford james leyden thomas jennings kent cprek justice souter delivered opinion respondent construction laborers pension trust southern california plan multiemployer pension trust fund established trust agreement executed petitioner concrete pipe products california concrete pipe employer former contributor plan withdrew assessed withdrawal liability provisions employee retirement income security act erisa ed supp iii added multiemployer pension plan amendments act mppaa stat concrete pipe contends mppaa assessment arbitration provisions worked deny procedural due process although upheld mppaa constitutional challenge substantive component due process clause takings clause pension benefit guaranty corporation gray connolly pension benefit guaranty corporation concrete pipe contends applied mppaa violates provisions well see merit none concrete pipe contentions pension plan like one issue one employer contributes characteristically maintained fulfill terms collective bargaining agreements contributions made employers participating multiemployer plan pooled general fund available pay benefit obligation plan receive benefits employee participating plan need work one employer particular continuous period service credit portable employees employer participating plan may receive credit work done participating employer employee obtains vested right secure benefits upon retirement accruing certain length service participating employers benefits vest plan case employee accumulates essentially continuous years credit see brief petitioner multiemployer plans like one us features beneficial industries little likelihood individual employers establish plans employees hundreds perhaps thousands small employers countless numbers employers going business year nexus employment focused relationship workers union belong industry employed rather particular employer multiemployer pension plan termination insurance program hearings subcommittee oversight house committee ways means statement robert georgine chairman national coordinating committee multiemployer plans since enactment erisa plan subject provisions statute defined benefit plan plan one qualify individual account plan defined contribution plan provide among things individual account covered employee benefits based solely upon amount contributed covered employee account see concrete pipe challenged determination plan falls within statutory definition defined benefit plan issue canvassed history erisa mppaa see pension benefit guaranty corporation gray supra connolly pension benefit guaranty corporation supra erisa designed ensure employees beneficiaries deprived anticipated retirement benefits termination pension plans sufficient funds accumulated congress wanted guarantee worker promised defined pension benefit upon retirement fulfilled whatever conditions required obtain vested benefit actually receive citations internal quotation marks omitted enacted erisa created pension benefit guarantee corporation pbgc administer enforce pension plan termination insurance program contributors multiemployer plans required pay insurance premiums ed supp iii terms statute originally enacted guarantee basic benefits multiemployer plans terminated mandatory terminations prior time guarantee benefits upon plan termination discretionary pbgc pbgc choose extend guarantee multiemployer plan terminated insufficient assets pay promised benefits employer contributed plan five preceding years liable pbgc shortfall proportion share contributions period percent employer net worth words employer withdrawing multiemployer plan subject contingent liability dependent upon plan termination next five years pbgc decision exercise discretion pay guaranteed benefits gray date mandatory coverage multiemployer plans approached congress became concerned significant number plans experiencing extreme financial hardship ibid indeed possibility liability upon termination plan created incentive employers withdraw weak multiemployer plans connolly consequent risk insurance system unacceptable congress postponed mandatory guarantee pending preparation pbgc report analyzing problems multiemployer plans recommending possible solutions ibid pbgc issued report july pension benefit guaranty corporation multiemployer study required alleviate problem employer withdrawals pbgc suggested new rules withdrawing employer required pay whatever share plan unfunded liabilities attributable employer participation connolly citation internal quotation marks omitted mppaa provides procedure calculating assessing withdrawal liability plan actuary subject regulatory professional standards must determine present value plan liability vested benefits absence regulations promulgated pbgc actuary must employ actuarial assumptions methods aggregate reasonable taking account experience plan reasonable expectations combination offer actuary best estimate anticipated experience plan assumptions must cover matters mortality covered employees likelihood benefits vesting importantly future interest rates settling present value vested benefits actuary calculates unfunded portion deducting value plan assets order determine particular employer withdrawal liability unfunded vested liability allocated one several methods provided law case plan used presumptive method bases withdrawal liability proportion total employer contributions plan made withdrawing employer certain periods see ii ii essence withdrawal liability imposes withdrawing employer share unfunded vested liability proportional employer share contributions plan years participation withdrawal liability assessed notification plan sponsor trustees see demand payment statute requires notification demand made soon practicable employer complete partial withdrawal complete withdrawal occurs employer permanently ceases obligation contribute plan permanently ceases covered operations plan date complete withdrawal date cessation obligation contribute cessation covered operations presumed correct unless party contesting determination shows preponderance evidence actuarial assumptions methods used determination aggregate unreasonable taking account experience plan reasonable expectations ii plan actuary made significant error applying actuarial assumptions methods ii parties trust agreement creating plan southern california district council laborers laborers three associations contractors building industry california engineering contractors association southern california contractors association app stipulation facts filed district labor management relations act lmra union participates management plan permitted lmra plan must administered jointly representatives labor management accordingly half plan trustees selected laborers half contractors associations concrete pipe never member contractors associations parties trust agreement concrete pipe wholly owned subsidiary concrete pipe products purchased certain assets another company including concrete pipe manufacturing plant near shafter california concrete pipe continued operate much done collective bargaining agreements several unions including laborers concrete pipe abided agreement latter contributing plan specified rate hour worked covered employee concrete pipe negotiated new contract laborers called continuing contributions made plan based hours worked covered employees collective bargaining unit collective bargaining agreement specified remain effect june thereafter year year unless either concrete pipe laborers gave notice desire renegotiate terminate written notice given least sixty days prior june agreement reached june employer laborers might thereafter give written notice specified date least fifteen days thereafter agreement considered terminated app august concrete pipe stopped production shafter facility although details matter october work employees covered agreement laborers virtually ceased concrete pipe eventually stopped making contributions plan spring concrete pipe laborers sent timely notice desire renegotiate collective bargaining agreement concrete pipe subsequently bargained impasse november sent laborers letter withdrawing recognition union employee representative giving notice intent terminate collective bargaining agreement time however november concrete pipe reopened shafter plant produce tons concrete pipe needed fill two orders successfully bid hired employees classifications covered prior agreement laborers contribute plan work january plan notified concrete pipe withdrawal liability claimed amount see although demand letter specify date plan contended complete withdrawal taken place referred failure concrete pipe make contributions plan since february stated advised signed renewal collective bargaining agreement obligating continue contributions plan behalf construction laborers currently employ plan filed suit seeking assessed withdrawal liability concrete pipe countersued bar collection contending complete withdrawal occurred operations shafter plant ceased august date prior effective date mppaa challenging mppaa constitutional grounds cases consolidated district central district california sua sponte ordered parties arbitrate issue whether withdrawal occurred prior effective date mppaa arbitration took place two phases first arbitrator determined concrete pipe withdrawn plan prior effective date mppaa app second phase explicitly applying presumption arbitrator found concrete pipe failed meet burden showing actuarial assumptions methods unreasonable aggregate app reasons issue arbitrator rule partially concrete pipe favor reduced withdrawal liability concrete pipe filed third action district set aside modify arbitrator decision raised constitutional challenge district treated concrete pipe subsequent motion summary judgment petition vacate arbitrator award denied granted motion plan confirm award construction laborers pension trust southern california concrete pipe products cd july app concrete pipe appeal judgment district affirmed board trustees construction laborers pension trust southern california concrete pipe products california app judgt order reported granted certiorari limited two questions presented set margin iii concrete pipe challenges assessment withdrawal liability several grounds first placing determination withdrawal liability trustees subject presumptions provided mppaa unconstitutional denies concrete pipe impartial adjudicator first time legal question see pension benefit guaranty corporation yahn mcdonnell equally divided retail wholesale employees teamsters union local pension plan yahn mcdonnell concrete pipe amici point several potential sources trustee bias toward imposing greatest possible withdrawal liability one emphasize strongly roots fact trustees including selected employers fiduciaries fund thus owe exclusive duty fund emphasis omitted said another case discussing employee benefit pension plans permitted lmra principles equity trustee bears unwavering duty complete loyalty beneficiary trust exclusion interests parties deter trustee temptation prevent possible injury beneficiary rule trustee dividing loyalties must enforced uncompromising rigidity sum duty trustee employee benefit fund directly antithetical agent appointing party erisa essentially codified strict fiduciary standards trustee must meet title requires trustee discharge duties solely interest participants covered employees beneficiaries nlrb amax coal citations omitted omitted trustees act biased fashion several reasons obvious attempting maximize assets available beneficiaries trust making findings enhance withdrawal liability next selfless existing underfunding consequence prior decisions trustees decisions offset leave trustees open personal liability see brief american trucking associations amicus curiae risk bias may also inhere mere fact fiduciary obligations aside trustees appointed unions employers union trustees may thought incentives unrelated question withdrawal impose greater rather lesser withdrawal liability employer trustees may responsive concerns employers continue contribute whose future burdens may reduced high withdrawal liability whose competitive position may enhanced boot see brief midwest motor express et al amici curiae citing note trading fairness efficiency constitutionality dispute resolution procedures multiemployer pension plan amendments act supposed threats trustees neutrality due process requires neutral detached judge first instance ward village monroeville command different legislature delegates adjudicative functions private party see schweiker mcclure officers acting judicial capacity disqualified interest controversy decided course general rule tumey ohio one may deprived protected interest whether criminal civil setting see marshall jerrico one entitled matter due process law adjudicator situation offer possible temptation average man judge might lead hold balance nice clear true ward supra quoting tumey supra even appeal trial de novo cure failure provide neutral detached adjudicator ustice indeed must satisfy appearance justice stringent rule may sometimes bar trial even judges actual bias best weigh scales justice equally contending parties marshall jerrico supra citations internal quotation marks omitted less true private party given statutory authority adjudicate dispute assume possibility bias stemming trustees statutory role fiduciary obligation suffice bar trustees serving adjudicators concrete pipe withdrawal liability assumption win case concrete pipe however strand governing law applied determinations affecting liability adjudicative rigid requirements designed officials performing judicial functions applicable acting prosecutorial capacity initial determination made party acting enforcement capacity due process may satisfied providing neutral adjudicator conduct de novo review factual legal issues cf see also cf withrow larkin clearly initial view facts based evidence derived nonadversarial processes practical legal matter foreclosed fair effective consideration subsequent adversary hearing leading ultimate decision substantial due process question raised distinction adjudication enforcement disposes claim assumed bias appearance bias trustees initial determination withdrawal liability alone violates due process clause much similar claim marshall jerrico although faced federal agency administrator determined violations child labor law assessed penalties statute concluded administrator held high standards required whose duty make final decision whose impartiality serves ultimate guarantee fair meaningful proceeding constitutional regime administrator said judge performs judicial functions hears witnesses rules disputed factual legal questions function assessing violation akin prosecutor civil plaintiff analysis applies equal force trustees find act enforcement capacity statute requires plan sponsor trustees notify employer amount withdrawal liability demand payment actions bear hallmark assessment adjudication trustees required hold hearing examine witnesses adjudicate disputes contending parties matters fact law marshall observed employer except ing penalty entitled de novo hearing administrative law judge concluded latter proceeding initial adjudication likewise conclude first adjudication proceeding occurs arbitrator trustees initial determination liability end inquiry however concrete pipe goes argue statutory presumptions preserve trustees bias limiting arbitrator autonomy determine withdrawal liability thereby work deny employer fair adjudication first provision issue determination made plan sponsor presumed correct unless party contesting determination shows preponderance evidence determination unreasonable clearly erroneous concrete pipe argues presumption denied impartial adjudicator issue withdrawal date thus raising constitutional question courts appeals divided parties apparently agree presumption applies factual determinations see reply brief petitioner brief respondent deferring brief pbgc amicus curiae brief pension benefit guaranty corporation amicus curiae position consistent pbgc regulation requiring arbitrator reaching decision follow applicable law embodied statutes regulations decisions interpretations agencies charged enforcement act pertinent authorities cfr assume purposes case regulation reflects sound reading statute burden showing something preponderance evidence common standard civil law simply requires trier fact believe existence fact probable nonexistence may find favor party burden persuade judge fact existence winship harlan concurring brackets original citation omitted finding clearly erroneous although evidence support reviewing body entire evidence left definite firm conviction mistake committed gypsum showing unreasonableness require even greater certainty error part reviewing body see anderson liberty lobby creating presumption issue terms combined strange way descriptions indicate first preponderance customarily used prescribe one possible burden standard proof trier fact first instance proponent proposition loses unless proves contested proposition preponderance evidence term thus belongs category clear convincing beyond reasonable doubt also used prescribe standards proof greater degrees certainty thought necessary burden satisfied first instance factfinder must evaluate raw evidence finding sufficiently reliable sufficiently probative demonstrate truth asserted proposition requisite degree certainty second third terms differ first important way customarily used describe degree certainty fact proven first instance degree certainty factfinder first instance made mistake concluding fact proven applicable standard proof words standards review normally applied reviewing courts determinations fact made trial courts made determinations adjudicatory capacity unlike trustees see terms readily indicate reviewing body characteristically examines prior findings way give original factfinder conclusions fact degree deference makes sense many circumstances costs providing duplicative proceedings thought outweigh benefits second render first ultimately useless usual case factfinder better position make judgments reliability forms evidence reviewing body acting solely basis written record evidence evaluation credibility live witness obvious example thus review clearly erroneous standard significantly deferential requiring definite firm conviction mistake committed application reasonableness standard even deferential requiring reviewer sustain finding fact unless unlikely reasonable person find true whatever required degree proof strangeness statutory language creating first presumption arises combination terms first category burdens proof second standards review true course apparent confusion categories may resulted hybrid nature arbitrator proceeding supposed applied arbitrator function simply reviewing body classic sense obliged enquire soundness sponsor determinations challenged may receive new evidence course review adopt conclusions fact may conduct proceedings manner powers arbitrator may title state code see authorized example hear indeed subpoena witnesses take evidence see making specific reference subpoena power reviewing body clear obligation absent contrary showing deem certain determinations plan sponsor correct reviewing body invested powers finder fact clear power take evidence course review presumption correctness district bound give findings fact arbitrator may thus provide dual sort trial review ultimately empowered draw conclusions make sense describe different functions respectively language trial language review however make sense use language trial language review statute statute refer different arbitrator functions language appropriate refers rather one single conclusion must drawn determination previously made plan sponsor terms statute purports provide standard reviewing sponsor findings defines nature conclusion arbitrator must draw using combination terms categorically also inconsistent reading used distinct usual context statutory phrase authorizing arbitrator reject factual conclusion upon proof preponderance implies review sponsor determination basis record supplemented new evidence simple error statutory phrase given effect arbitrator concluded review record new evidence finding fact probably wrong rejected different finding might substituted hand requiring showing sponsor determination clearly erroneous unreasonable grant plan sponsor factual findings great deal deference say context one must demonstrate something probably clearly erroneous probably unreasonable meaningless one might intelligibly say trial criminal prosecutor bound prove element probably true beyond reasonable doubt statute thus incoherent respect degree probability error required employer overcome factual conclusion made plan sponsor proper response incomprehensibility obviously important deciding case permitted employer rebut plan sponsor factual conclusions preponderance merely placing burden persuasion employer permitting adjudication facts arbitrator without affording deference plan sponsor determinations provision constitutionally unremarkable although observed burden proof lies given issue course rarely without consequence frequently may dispositive outcome litigation application utside criminal law area special concerns attend locus burden persuasion normally issue federal constitutional moment lavine milne omitted concrete pipe points special interest distinguish normal case indeed entirely sensible burden party likely information relevant facts withdrawal plan obligation demonstrate facts treated plan amounting withdrawal occur alleged rule common law bailey onus probandi citing powell evidence every case onus probandi lies party wishes support case particular fact lies peculiarly within knowledge supposed cognizant hand employer required show trustees findings either unreasonable clearly erroneous substantial question procedural fairness due process clause essence arbitrator provided statute required accept plan sponsor findings even probably incorrect absent showing least sufficient instill definite firm conviction mistake made cf withrow larkin light assumption possible bias employer seem deprived thereby impartial adjudication first instance entitled due process clause see supra hese rules necessary order ensure enforceability employer liability absence presumptions employers effectively nullify obligation refusing pay forcing plan sponsor prove every element involved making actuarial determination committee believes extremely important withdrawn employer begin making annual payments even though period years payments must continue based actual liability allocated employer pt supra legislative history thus sheds little light odd language chosen describe employer burden tells us provision purpose prevent employer forcing plan sponsor prove every element involved making actuarial determination since purpose served simply placing burden proof historical fact employer however light heavy burden may legislative history nothing make sense drafter failure choose among standards included text although faced ambiguity within usual degree incoherence common obligation situation resolve uncertainty favor definite meaning canon resolving ambiguity applies equal force terminology renders statute incoherent applying canon must give effect one conclusion clearly supported statutory language congress intended shift burden persuasion employer dispute sponsor factual determination objective realized without raising serious constitutional concerns simply construing presumption place burden employer disprove challenged factual determination preponderance construing statute make pretense read congressional mind perfection indeed even problem argument obviously made congress intended greater deference preponderance standard extends one hardly call intent clear wondering preponderance standard also included circumstances enough choice attain coherence obviating constitutional problems plainly contrary intent congress debartolo supra statute construe foreclose factual issue independent consideration arbitrator presumption assumed inapplicable issues law constitutional infirmity reason employer may avail independent review concededly neutral arbitrator find derivative constitutional defect infecting presumption district must afford arbitrator findings fact see truly factual issues arbitrator decision fails reveal force factual conclusions trustees presumed correct case ordinarily reverse judgment consideration extent arbitrator application presumption contrary construction adopt today two reasons urged upon us neither party persuade us take course plan letter concrete pipe contains statement facts justifying trustees demand parties entered factual stipulation district prior commencing arbitration two circumstances virtually contested factual determinations arbitrator might deferred one question fact may disputed arbitrator found apparently first instance concrete pipe intent closing shafter plant cease operations permanently app express opinion whether facts case constitute complete withdrawal within meaning statute question us today approach taken arbitrator courts inconsistent interpretation first presumption determination date withdrawal arbitrator involve misapplication statutory presumption deprive concrete pipe right procedural due process second presumption issue attends calculation amount withdrawal liability statute provides absence particular pbgc regulations plan required use actuarial assumptions methods aggregate reasonable taking account experience plan reasonable expectations combination offer actuary best estimate anticipated experience plan presumption question arises provides determination plan unfunded vested benefits plan year presumed correct unless party contesting determination shows preponderance evidence actuarial assumptions methods used determination aggregate unreasonable taking account experience plan reasonable expectations ii plan actuary made significant error applying actuarial assumptions methods provision like counterpart creating presumption factual determinations placing burden proof employer issues implicated applying actuary work text plainly indicates assumptions methods used calculating withdrawal liability selected first instance trustees plan actuary variety reasons actuary like trustees vulnerable suggestions bias appearance although plan sponsors employ actuaries trained professionals subject regulatory standards see technical nature actuary assumptions methods necessity applying assumptions methods one context practical matter limit opportunity actuary might otherwise act unfairly toward withdrawing employer statutory requirement actuarial assumptions methods aggregate reasonable unique withdrawal liability context statute employs identical language describe actuarial assumptions methods used determining whether plan satisfied minimum funding requirements contained statute use language describe actuarial assumptions methods used different contexts tends check actuary discretion using different assumptions different purposes well attacked presumptively unreasonable arbitration judicial review view trustees required act reasonably consistent manner greatly limits discretion use assumptions overly favorable fund one context tend offsetting unfavorable consequences contexts example use assumptions low interest rates tend increase fund unfunded vested liability withdrawal liability purposes also make difficult plan meet minimum funding requirements retail wholesale employees teamsters union local pension plan yahn mcdonnell seitz dissenting part second major difference attending two presumptions lies sense reasonableness must disproven employer attacking actuary methods assumptions reasonableness trustees determinations historical fact following usual presumption statutory interpretation term carries meaning whenever appears act see atlantic cleaners dyers might expect reasonable function denote certain range probability factual determination correct several reasons however think clear second presumption reasonableness functions quite differently first course statute speak terms disproving reasonableness calculation employer share unfunded liability finding future fact obviously analogous findings historical fact presumption applies section speaks instead aggregate reasonableness assumptions methods employed actuary calculating dollar liability figure method accurate probably true within range reasonable must understood refer different kind judgment one make sense apply review methodology well assumptions since methodology subject technical judgment within recognized professional discipline make sense judge reasonableness method reference actuarial profession considers within scope professional acceptability making unfunded liability calculation accordingly employer burden overcome presumption question proof preponderance actuarial assumptions methods aggregate unreasonable simply burden show combination methods assumptions employed calculation acceptable reasonable actuary practical terms burden show something standard actuarial practice accuracy predictive calculation even though consonance professional standards making calculation might justify confidence results sound thus understood presumption question supports due process objection employer merely burden show apparently unbiased professional whose obligations tend moderate claimed inclination come hard withdrawing employers based calculation combination methods assumptions falls outside range reasonable actuarial practice sure burden may mere one considers actuarial practice described nature actuarial art science keith fulton sons new england teamsters en banc internal quotation marks omitted employer burden covers technical actuarial matters respect often several equally correct approaches committee print since imprecision inheres choice actuarial methods assumptions resulting difficulty simply nature beast must fall whichever party bears burden persuasion issue least interests stake substantial concrete pipe allocation one party another raise issue due process see supra iv concrete pipe argues next applied mppaa violates substantive due process takes concrete pipe property without compensation violation fifth amendment issues decisions gray connolly provide principal guidance gray upheld mppaa substantive due process challenge unlike employer gray concrete pipe complaint mppaa retroactively applied predicating liability withdrawal decision made passage statute sure since withdrawal liability without prewithdrawal contributions plan made statutory enactment conduct upon concrete pipe liability rests antedates statute fact presents far weaker premise claiming substantive due process violation even gray employer raised rejection concrete pipe contention compelled decisions gray usery turner elkhorn mining upon gray relied well established legislative acts adjusting burdens benefits economic life come presumption constitutionality burden one complaining due process violation establish legislature acted arbitrary irrational way see ferguson skrupa williamson lee optical may liability imposed act anticipated time actual employment cases clear legislation readjusting rights burdens unlawful solely upsets otherwise settled expectations see fleming rhodes carpenter wabash norman baltimore ohio home bldg loan assn blaisdell louisville nashville mottley true even though effect legislation impose new duty liability based past acts see lichter welch henry funkhouser preston gray quoting turner elkhorn supra footnotes omitted argument simply ignores nature multiemployer plans said operate pooling contributions liabilities employer contributions solely benefit employees employees worked alone thus concrete pipe presupposition none employees vested benefits time withdrawal may wrong employee whose benefits vested coming work concrete pipe may earned additional vested benefits subsequent covered service another may sufficient prior service credit obtain vesting benefits employment concrete pipe third may attained vesting working employers based part service credits earned concrete pipe even concrete pipe correct none employees earned enough service credits entitlement vested benefits time concrete pipe withdrawal concrete pipe employee earned service credits built upon future employment participating employer determining whether imposition withdrawal liability rational relevant question whether withdrawing employer employees vested benefits whether employer contributed plan probable liability providing employees service credits withdrawing employer liability plan based proportion plan contributions coincident service credits provided employer employer participation plan imposition withdrawal liability clearly rational true depending future employment concrete pipe former employees withdrawal liability assessed concrete pipe may amount less share plan liability strictly attributable employment covered workers concrete pipe possibility exactly concrete pipe accepted joined plan multiemployer plan features insurance scheme employers spread risk employees meet plan vesting requirements obtain entitlement benefits rational employer hopes employees vest rate average employees contributing employers way pay less creating plan rational employer also appreciates foreseeable risk circumstances may produce opposite result since mppaa spreads unfunded vested liability among employers approximately manner cost spread employers participating time withdrawal seen venture withdrawal liability consistent risks assumed joining plan however inconsistent liability may employer hopes event deferential standard review applied substantive due process challenges economic legislation need mathematical precision fit justification means see turner elkhorn concrete pipe substantive due process claim enhanced argument mppaa imposes obligations upon contrary limitations liability variously contained trust agreement collective bargaining agreement laborens multiemployer associations laborer craft master labor agreement appendix southern california master labor agreements even assuming provisions apply concrete pipe argument runs holding gray federal economic legislation subject constraints coextensive imposed upon contract clause art federal constitution gray trust new jersey subject due process review rationality said satisfied application mppaa concrete pipe possibility trustee decisions made concrete pipe entered plan may led unfunded liability alter constitutional calculus see brief petitioner concrete pipe decision enter plan decisions made voluntary concrete pipe time assessed implications plan future liability similarly concrete pipe rely argument based fact member contractors associations represented among plan trustees control decisions trustees entered plan may increased unfunded liability concrete pipe assessed implications future liability identity trustees plan decided enter imposition withdrawal liability rationally related terms concrete pipe participation plan joined suffices substantive due process scrutiny economic legislation given concrete pipe due process arguments unavailing surprising indeed discover challenged statute nonetheless violating takings clause connolly violation following analysis connolly begin contractual provisions relied upon trust agreement collective bargaining agreements find helpful concrete pipe adduced facial challenge brought connolly described opinion express terms trust agreement plan employer sole obligation pension trust pay contributions required collective bargaining agreement trust agreement clearly employer obligation pension benefits employee ended employer pays appropriate contribution pension trust true even though contributions agreed upon insufficient pay benefits plan citations footnotes omitted said connolly ppellants claim illegal taking gains nothing fact employer present litigation protected terms contract liability beyond specified contributions agreed contracts however express fetter constitutional authority congress contracts may create rights property contracts deal subject matter lies within control congress congenital infirmity parties remove transactions reach dominant constitutional power making contracts regulatory statute otherwise within powers congress therefore application may defeated private contractual provisions citations omitted following connolly next step analysis subject operative facts including facts contractual relationship standards derived prior takings clause cases see identified three factors particular significance assessing results required ad hoc factual inquir circumstances particular case connolly first nature governmental action analysis connolly applies equal force facts us today government physically invade permanently appropriate employer assets use instead act safeguards participants multiemployer pension plans requiring withdrawing employer fund share plan obligations incurred association plan interference property rights employer arises public program adjusts benefits burdens economic life promote common good cases constitute taking requiring government compensation merit concrete pipe contention property impermissibly taken sole purpose protecting pbgc government body forced honor pension insurance brief petitioner see also brief midwest motor express et al amici curiae solvency pension trust fund may ultimately redound benefit pbgc set part guarantee benefits event plan failure merely incidental primary congressional objective protecting covered employees beneficiaries pension trusts like plan ere taken nothing use nullified contractual provision limiting liability imposing additional obligation otherwise within power congress impose connolly supra concrete pipe argument character governmental action strengthened fact concrete pipe lacked control investment benefit decisions may increased size unfunded vested liability response argument raised substantive due process clause appropriate although concrete pipe member management associations represented among trustees fund concrete pipe voluntarily chose participate plan notwithstanding fact see supra second factor bearing taking determination severity economic impact plan concrete pipe shown withdrawal liability proportion experience plan notwithstanding claim required pay shareholder equity threshold matter plan contests figure arguing concrete pipe wholly owned subsidiary concrete pipe products simply formed facilitate purchase certain assets brief respondent relevant issue turns diminution net worth parent company concrete pipe see tr oral arg dispute need resolved even assuming concrete pipe used appropriate measure determining portion net worth required paid cases long established mere diminution value property however serious insufficient demonstrate taking see village euclid ambler realty approximately diminution value hadacheck sebastian diminution final factor degree interference concrete pipe reasonable expectations connolly controls time concrete pipe purchased began contributions plan pension plans long subject federal regulation hose business regulated field object legislative scheme buttressed subsequent amendments achieve legislative end fha darlington see also usery turner elkhorn mining cases cited therein indeed time plan already subject erisa withdrawing employer faced contingent liability net worth see ed see also ed connolly supra gray thus concrete pipe argues requiring pay share promised benefits ignores express conditions contractual promises connolly concurring reasonable expectation faced liability promised benefits opinion legislation readjusting rights burdens unlawful solely upsets otherwise settled expectations even though effect legislation impose new duty liability based past acts turner elkhorn concrete pipe reliance erisa original limitation contingent liability net worth misplaced reasonable basis expect legislative ceiling never lifted employe present litigation voluntarily negotiated maintained pension plan determined within strictures erisa connolly supra light relationship concrete pipe plan find basis conclude concrete pipe forced bear burden fairness justice borne public whole armstrong concluded statutory presumptions work deprivation procedural due process statute applied concrete pipe violates substantive constraint fifth amendment affirm judgment appeals ordered footnotes various places statute uses terms participant beneficiary terms defined simplicity use term covered employee refer depending context earning service credits entitled benefits even employer withdraws erisa requires assessment plan liability least annually see supp iii pbgc also authorized promulgate regulations governing assumptions done see brief pension benefit guaranty amicus curiae exception definition applies building construction industry see neither party argues pertains case average rate covered employees concrete pipe contributed plan per hour concrete pipe contributions totaled collective bargaining agreement provided contributions laborer rate per hour concrete pipe total contribution plan district concluded effective date withdrawal liability provisions mppaa september reliance ninth circuit decision shelter framing pension benefit guaranty corporation held retroactivity provision mppaa unconstitutional app decision shelter framing reversed pension benefit guaranty corporation ra gray subsequent decision gray congress amended effective date mpaa withdrawal liability provisions see motion confirm award plan also asked modified district treated motion vacate arbitration award denied well see app plan appeal grant certiorari limited questions presumptions favoring multiemployer plans like construction laborers pension trust southern california violate due process rights concrete pipe products denying access impartial decisionmaker provisions pension plan amendments act violate fifth amendment rights concrete pipe products applied retroactively imposing withdrawal liability employer never employees vested pension plan whose collective bargaining agreements specifically limited liability contributions made pet cert employer may ask plan sponsor review specific matter relating determination employer liability schedule payments plan sponsor must respond hardly amounts adjudication statute require employer exhaust avenue making request plan sponsor prior initiating arbitration proceedings see need say precision limits may financial personal interest one performs prosecutorial function marshall omitted issue within scope questions granted certiorari case courts appeals first second fourth ninth district columbia circuits found provision issue constitutional appeals third circuit struck compare keith fulton sons new england teamsters trucking indus pension fund en banc board trustees western conference teamsters pension trust fund thompson bldg materials cert denied washington star international typographical union negotiated pension plan app textile workers pension fund standard dye finishing cert denied sub nom sibley lindsay curr bakery confectionery tobacco workers republic teamsters joint council virginia pension fund cert denied retail wholesale employees teamsters union local pension plan yahn mcdonnell aff equally divided sub nom pension benefit guaranty corporation yahn mcdonnell utility attempting construe finely apply unreasonable standard certain determinations possible clearly erroneous formulation others distinctions relevant light relationship context terms statutory phrase requiring showing preponderance explain justice thomas reads statute standard review plan sponsor findings fact reading clearly erroneous term art attempt independent literal description reading arbitrator concludes factual determination plan sponsor probably wrong nonetheless permitted stand unless error obvious plain gross significant manifest see post citation omitted justice thomas adequately explain purpose served statute let erroneous presumably material factual determinations stand even clearly erroneous legal sense unreasonable merely degree happened deviate true facts even latter supported overwhelming evidence refer possible congressional desire avoid disputes insignificant errors post reading factual error significant sense material undeniably incorrect yet still stand far different truth justice thomas cites presumption innocence proposition presumption issue imply standard review see post presumptions imply standards review mean one terms statutory presumption says factual findings plan sponsor stand unless showing made necessarily implying standard review findings textual incomprehensibility concerns narrow matter find nothing structure statutory scheme provides elucidation presumption issue included new added mppaa erisa text version bill house report refers presumption contained provision began purposes part determination made respect plan section relating employer withdrawals presumed correct unless party contesting determination shows see pt enacted text replaced purposes proceeding section determination made plan sponsor sections section presumed correct unless party contesting determination shows title iv added title stat text called differs somewhat text sections enacted bill refers codified concern legislative history goes question degree certainty error congress intended require situation change referent took place might implications question think anything relevant legislative history turns different scope earlier version bill despite favorable finding concrete pipe still lost course arbitrator treated subjective intent irrelevant see app district appeals relied district reasoning go far see factual deference decisions arbitrator finding untainted force presumption see may trustees theory replace actuary assumptions involve different case aware least one case plan sponsor exercised decisive influence actuary whose initial assumptions disliked see huber casablanca industries know none plan sponsor found replaced actuary actuarial methods assumptions different ones although express view question whether plan sponsor must adopt assumptions used actuary note legislative history enacted part erisa suggests actuarial assumptions must independently determined actuary inappropriate employer substitute judgment qualified actuary respect assumptions see also indeed view problem imprecision reviewing actuarial methods assumptions seems reason including presumption statute senate committee report senate committee labor human resources includes presumption reduce likelihood dispute delay technical actuarial matters respect often several equally correct approaches without presumption plan helpless resist dilatory tactics withdrawing employer tactics intended result prohibitive collection costs plan committee print employer calculation whether join plan include factors well determination benefits hope receive participation plan see supra trust agreement section neither association sic officer agent employee sic committee member associations shall liable make contributions fund respect pension plan except extent may individual employer required make contributions fund respect individual joint venture operations extent may incur liability trustee hereinafter provided liability individual employer fund respect pension plan shall limited payments required collective bargaining agreements respect individual joint venture operations event shall liable responsible portion contributions due individual employers respect operations individual employers individual employers shall required make payments contributions cost operation fund pension plan except may hereafter provided collective bargaining agreements section neither associations individual employer union local union employee shall liable responsible debts liabilities obligations fund trustees app article laborers craft master labor agreement provides parties recognize agree pension trust plan created negotiated intended continue permitted law erisa defined contribution plan trust individual contractors liability regard pension remains limited exclusively payment contributions specified time time collective bargaining agreements appendix southern california master labor agreements important pension benefits never guaranteed payable extent fund assets pay benefits neither employer union assumed liability directly indirectly provide monthly pension benefits employers sole obligation make contributions called collective bargaining agreement pension plan also considered employers union trustees defined contribution plan plan contends record reflect appendix mentioned text incorporated reference concrete pipe collective bargaining agreement see brief respondent even concrete pipe represented representative like trustees bound act consistently fiduciary duty owed trustees covered employees beneficiaries plan see extent concrete pipe argument characterized challenge determination notwithstanding contractual language defined benefits plan statute question concrete pipe seek review see supra see brief petitioner erisa contingent liabilities substantially different scope liabilities mppaa concrete pipe reasonable notice net worth seized justice join statement attached contractual provisions concrete pipe rely provide support seeks indeed one provision article laborers craft master labor agreement provides liability limited contributions specific collective bargaining agreements permitted law erisa app justice concurring join opinion except statement petitioner rel erisa original limitation contingent liability net worth ante reasoning generally consistent views retroactive withdrawal liability explained connolly pension benefit guaranty corporation concurring opinion need restate length essence position imposition type retroactive liability employers constitutional must rest basis employer conduct make rational treat employees expectations benefits plan employer responsibility hold otherwise rather reasons although withdrawal liability assessed concrete pipe may amount share plan liability strictly attributable employment covered workers concrete pipe possibility exactly concrete pipe accepted joined plan ante agree withdrawing employer held responsible statutory share unfunded vested benefits employer anticipated prospect withdrawal liability joined plan case basis employer conduct make rational treat employees expectations benefits plan employer responsibility act joining plan sure petitioner fact accept prospect withdrawal liability joined construction laborers pension trust plan date congress yet promulgated multiemployer pension plan amendments act mppaa kind withdrawal liability imposed petitioner yet exist although employee retirement income security act erisa effect create contingent liability employer withdrew multiemployer defined benefit plan liability limited employer net worth see petitioner withdrawal liability mppaa amounts net worth see ante addition plan apparently hybrid plan provides fixed employee benefits fixed employer contributions remains open question whether hybrid plans indeed defined benefit rather defined contribution plans therefore subject withdrawal liability see connolly supra concurring decide question today see ante petitioner argued withdrawal liability even otherwise permissible exceed cap effect petitioner claimed plan defined contribution plan short petitioner failed adduce two features case might demonstrated accept prospect full withdrawal liability joined plan therefore agree result well reasoning however agree petitioner precluded rely ing erisa original limitation contingent liability net worth ante seizes upon passing reference petitioner brief see ante justify issuing unnecessary statement difficult issue parties essentially ignored decide without adversary briefing argument whether erisa cap might prevent retroactive withdrawal liability employer net worth employer joined multiemployer plan passage erisa passage mppaa also note opinion read imply employers may subjected retroactive withdrawal liability simply pension plans long subject federal regulation ante surely employer joined multiemployer plan erisa promulgated congress made employers liable unfunded benefits might strong constitutional challenge retroactive withdrawal liability issue presented petitioner joined plan passage erisa address remains resolved future case justice thomas concurring part concurring judgment join opinion except part portion opinion grapples trustee presumption finds presumption incoherent respect degree probability error required employer overcome factual conclusion made plan sponsor ante view substantial question procedural fairness due process clause employers show sponsors findings unreasonable clearly erroneous ante proceeds interpret statute required unconstrained evidentiary hearing factual issue concerning employer withdrawal liability ante today provided purposes arbitration proceeding section determination made plan sponsor sections title section title presumed correct unless party contesting determination shows preponderance evidence determination unreasonable clearly erroneous emphasis added see three missteps analysis first believes statutory text incomprehensib le ante refers three different mutually inconsistent degree certainty ante probability ante incorrect large part overlooks grammatical structure statute section sets parallelism phrase preponderance evidence establishes standard proof arbitration proceeding critical terms unreasonable clearly erroneous preponderance evidence adverbial phrase modifies show ing required employer unreasonable clearly erroneous hand predicate adjectives used describe employer must show incoherence identified follows assumption congress confus ed burdens proof standards review ante believes terms clearly erroneous unreasonable must signify standards review ante standards proof standards review entirely unrelated concepts intimates see ante reading leads conclusion meaningless ante statute interpreted defines nature conclusion arbitrator must draw using combination terms categorically ante preoccupation standards review understandable least respect clearly erroneous term established legal usage see anderson bessemer city civ proc reading compelled used statutory provision unreasonable clearly erroneous signify standards applicable review prior findings since arbitrator undeniably factfinder appellate tribunal see establishing presumption correctness findings fact made arbitrator arbitrator undertake examination preponderance evidence explicitly establishes role factfinder appellate review occur taking evidence sees arbitrator hybrid acts trier fact reviewer facts found ante presumption correctness applies plan sponsor determinations make arbitrator reviewing body ante presumption innocence criminal trial renders jury reviewer rather trier fact way conundrum apparent terms unreasonable clearly erroneous must refer effect elements employer claim arbitration proceeding prevail action arbitrator words employer must show preponderance evidence first plan sponsor made determination one relevant provisions second determination either unreasonable clearly erroneous construction requires us put aside technical definition clearly erroneous focus literal meaning phrase clear error simply mean obvious plain gross significant manifest error miscalculation see black law dictionary ed may natural reading legal term art drop assumption clearly erroneous must reference bessemer city standard review avoid incoherence trapped majority term unreasonable course even readily construed refer something standard review since hardly thought sharply defined meaning limited context appellate review example nothing unusual requiring party show element substantive claim something interstate carrier filed rate example see reiter cooper unreasonable section thus susceptible reading gives coherent meaning interpretation also conforms neatly similar language structure actuarial presumption today finds unproblematic see ante presumption provides actuary determination unfunded vested benefits presumed correct unless employer shows preponderance evidence actuarial assumptions methods unreasonable actuary made significant error offers persuasive explanation presumption suffer incoherence addition reading term clearly erroneous renders virtually indistinguishable term significant error second false step analysis use rule construction applied edward debartolo florida gulf coast building constr trades council ante rule requires adopt reasonable alternative interpretation statute necessary avoid serious constitutional problems provide authority construe statute way plainly contrary intent congress debartolo supra rule stretched beyond point alternative construction remains fairly possible public citizen department justice kennedy concurring judgment emphasis original quoting crowell benson given broad scope lest whole new range government action proscribed interpretive shadows cast constitutional provisions might might invalidate public citizen supra plain view congress intended shield plan sponsor factual determinations behind presumption correctness intended withdrawing employers show something simple error construction plainly contrary intent fairly possible terms statute rather reasonable alternative reading therefore interpretation adopted today effectively declaration statute written unconstitutional leads final perhaps fundamental disagreement appropriately invoke rule construction must significantly higher degree confidence statutory provision unconstitutional problematic interpretation adopted potential due process problem troubling supposed lack neutral impartial arbitration hearing ante potential based assumption risk possibility trustee bias ante bias existed might preserve arbitration proceeding presumption correctness ante petitioner established trustees biased fact whatever structural bias may flow trustees fiduciary obligations fact trustees appointed interested parties see ante likely nullified elaborately detailed criteria channel cabin exercise discretion see ed supp iii bias may checked particular requirement consistency governs trustees choice method calculating liability see keith fulton sons new england teamsters trucking industry pension fund en banc fiduciary duty trustees owe fund simultaneously prevent imposing excessive withdrawal liability discourage employers joining fund future consider countervailing forces even real risk structural bias may distort trustees factual determinations inclined believe arbitration proceeding presumption provides adequate process employer cf mathews eldridge adequacy specific procedures involves consideration private public interests risk erroneous deprivation conclusion rests principally nature particular statutory determinations presumption applies described many determinations mathematical computations trustees must perform involve little discretion result employer correspondingly little difficulty proving existence significant error made trustees either inadvertently bias said withdrawal date determinations especially information relevant determination better known employer trustees public interest plain face statute congress want withdrawing employers avoid obligations engaging lengthy arbitration relatively insignificant errors time employer interest correcting miscalculations significant adequately protected opportunity arbitration afforded reasons concur judgment application deprive concrete pipe right procedural due process ante regrettably compounds muddles textual difficulty suggesting sense preponderance evidence unreasonable clearly erroneous comparable refer relative degree certainty ante fact basis comparing particular standard proof particular standard review appellate tribunal required determine whether clearly erroneous find disputed fact preponderance evidence ask whether reasonable factfinder found probable cause believe clear convincing evidence supporting fact question see anderson liberty lobby defendant civil case moves summary judgment directed verdict inquiry whether reasonable jurors find preponderance evidence plaintiff entitled verdict emphasis added jackson virginia critical inquiry review sufficiency evidence support criminal conviction whether rational trier fact found essential elements crime beyond reasonable doubt emphasis added combination evidentiary review standards possible