Focus on Rule Details to Grow if Chevron Loses, PBGC Lawyer Says

The top lawyer for the Pension Benefit Guaranty Corporation said she would encourage the agency to take an even more deliberate approach to explaining the rules it promulgates if the US Supreme Court weakens its Chevron doctrine in a ruling expected in the coming months.

The federal insurer for private pensions has become a subject matter expert on the highly technical specialty area it oversees and will continue to propose informative and useful rules that adhere to the Administrative Procedure Act, regardless of the deference framework in place, said PBGC General counsel Karen Morris during the ABA’s May Tax Meeting ...